HELENA, Mont. — The Montana Supreme Court has ruled 4-3 that Gov. Greg Gianforte may withhold certain documents from the public, including those related to policy development and internal deliberations. 

Reported by Montana Public Radio, the case began when a group of news organizations, including the Montana Standard, filed a request for documents related to the governor’s actions. The state argued that certain records should be kept private under the grounds of executive privilege, a legal doctrine designed to protect the confidentiality of the executive branch’s communications.

Montana law grants public access to records that involve the conduct of public business, but it also allows for exemptions when documents contain sensitive information or involve certain aspects of government decision-making. 

While the decision is a victory for the governor, it has raised concerns among transparency advocates.

“It is a big deal,” Mike Meloy, an attorney who runs the Montana Freedom of Information Hotline, said. “If a governmental entity does not want to provide access to documents, they can claim this privilege.” 

For now, the decision only applies to records held by the governor’s office and does not affect other public bodies in Montana. Gianforte must also prove in a lower court that keeping those files private is essential to carrying out his constitutional duties and citizens can still sue for the documents. 

More and more states have been seeing governor’s trying to exert more secrecy, as reported in this April 17 story by Nebraska Public Media.

Posted: January 14, 2025
Category: Brechner News
Tagged as: Brechner FOI Project, FOI, Montana, open records laws, Secrecy Tracker