by Kathie Obradovich, Iowa Capital Dispatch
April 28, 2025
Gov. Kim Reynolds’ lawsuit against the Des Moines Register is both unusual and dangerous for open government in Iowa.
Reynolds announced last week that she was filing suit seeking to stop the Register “from demanding production of the documents protected by executive privilege.”
That’s strange and alarming. Typically, a government agency – including this governor’s office – has simply denied requests for records they believed could be kept confidential (or just didn’t want to release). Until now, it’s been up to the requester, in this case, the Register, to decide whether it’s worthwhile to go to the time and expense of challenging a denial in court.
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That was how it worked when Iowa Capital Dispatch and other media representatives and advocates sued the governor and her staff for withholding public records, in some cases as long as 18 months. The case went to the Iowa Supreme Court, which reinforced that the governor’s office is subject to Iowa’s Open Meetings and Records law and that indefinitely withholding public records was a violation.
In this new case, Reynolds is forcing the issue and dragging the Register into court over four emails and claiming “executive privilege” for refusing to release them.
The dispute relates to public statements Reynolds made about Lutheran Family Services, a not-for-profit organization engaged in refugee assistance.
Reynolds had been asked at a U.S. House Oversight Committee meeting whether she agreed with a former adviser to President Donald Trump, Michael Flynn, who claimed Lutheran Family Services was connected to a “money-laundering operation.”
Reynolds refused to respond directly at the hearing but days later, she said she “absolutely” did not agree with Flynn’s statement, according to the Register, and praised Lutheran Family Services for its charitable works.
According to the governor’s lawsuit, the Register requested emails to and from several of Reynolds’ advisers that referenced Lutheran Family Services. Reynolds’ office says it turned over more than 800 pages of documents, while withholding four documents that it said contained “candid, private advice and counsel from her most senior advisors.”
Because the governor did not send nor receive any of the emails, the Register argued that any executive privilege would not apply. The governor’s office claimed the Register’s position means that the governor “may not communicate with, or privately correspond with, her most senior advisors without those communications being open public records. That is not — and cannot be — the law.”
It’s not the law. There is absolutely nothing in Iowa law that prevents the governor from picking up the telephone or calling a meeting of her closest advisers and getting all the advice she might possibly want. But Iowa law does state that written communications among executive branch employees are public records. The governor’s office staff – and everyone working in the executive branch – should know this. There are over 60 exceptions in the law, none of which includes “executive privilege.”
The Reynolds administration is the least transparent in 30 years
That the governor is going to court over these four emails suggests there’s more at stake here than one or more of her staff disagreeing with her about a potentially politically charged issue. Reynolds has already announced she’s not running for reelection, so it’s hard to imagine what kind of response would be so explosive as to be worth a preemptive lawsuit to keep it secret.
More likely, Reynolds is trying to carve out or solidify some sort of “executive privilege” for the governor’s office through court precedent. But again, she’s leaving office at the end of next year, so why is that a priority?
The governor’s office statement casts the action as an effort to preserve the constitutional powers of the office: “It is unfortunate that state resources must be used to defend against the Register’s aggressive threats, but it is in the broader public interest to preserve the powers reserved in our constitution for the effective operation of government.”
Let’s be clear. There’s nothing in the constitution about the governor keeping embarrassing emails secret. It was 100% the governor’s choice to spend public resources to initiate this lawsuit. And it is entirely in the broader public interest to have access to government documents and meetings – including those that may be embarrassing to elected officials.
By going to court against the Register for seeking public records, Reynolds is threatening all media that they may get sued for doing their job. Not all Iowa media outlets have the resources to withstand a taxpayer-funded lawsuit. It’s a direct attack on press freedom and therefore on the First Amendment.
Whether the governor’s lawsuit is successful or not, the citizens of Iowa will be the losers.
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Iowa Capital Dispatch is part of States Newsroom, a nonprofit news network supported by grants and a coalition of donors as a 501c(3) public charity. Iowa Capital Dispatch maintains editorial independence. Contact Editor Kathie Obradovich for questions: info@iowacapitaldispatch.com.
