Virginia Gov. Glenn Youngkin facing lawsuit from media organizations after denying FOIA requests
Virginia Gov. Glenn Youngkin is facing a lawsuit over refusing to provide records related to the tip line he set up in his first few weeks in office soliciting information about what is being taught in schools.
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Over a dozen media organizations, including The Associated Press and CNN, are suing Youngkin in Virginia state court because the administration refuses to provide communications sent to the tip line under Virginia's Freedom of Information Act (FOIA).
Reporters asked for copies of emails sent to the email tip line Gov. Youngkin set up in January just days after his inauguration soliciting public input on divisive practices being used in schools or instances where parents felt their kids' fundamental rights were being violated.
Gov. Youngkin denied those FOIA requests saying the records fall under an exemption to FOIA, meaning he can withhold the records if he wants to. It's called the working papers exemption.
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"This working papers exemption is one that's purely discretionary by the governor," says FOIA lawyer Andrew Bodoh. "The governor is making the decision to withhold this from the public. The law allows him to make that decision, but it is still his option to either disclose that information or not disclose that information."
The lawsuit alleges that emails sent to the tip line were made available to people outside the Youngkin administration including persons affiliated with American Enterprise Institute, a D.C.-based think tank, and therefore they can't be withheld from the public.
"If he's making the assumption that there is privacy concerns and that's why he's withholding it, clearly there are things he could do that reduces any privacy concerns and still give out some information to the public. He's not choosing to do that," says Bodoh.
A lawyer for the media organizations confirmed that a separate Washington Post FOIA request to the governor revealed information to support the claim that the information can't be withheld.
When asked for comment, a spokeswoman for Gov. Youngkin said:
"When a constituent writes to the Governor he treats that communication as confidential and would not share the contents with the public. There is an expectation of privacy that he takes very seriously."
FOX 5 asked the Youngkin administration if they considered releasing portions of the emails with personally identifiable information, such as names and email addresses, redacted, but we have not yet heard back.
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The media organizations have requested a hearing before the judge next week.