Document text
3 of 3 Premium Clicks used this month SUBSCRIBE Print + Online Subscriber Activation | Register x Forgot Password | Need an Account? e-edition | subscribe | newsletter | deals Classifieds Jobs Autos Real Estate FEATURED » NEWS NOW Emergency services, Nov. 4 ... Our View: Kitzhaber's email privacy argument falls flat ... Gold Hill levy fails; Phoenix, Rogue River measures approved ... Emergency services, Nov. 4 ... Our View: Kitzhaber's email privacy argument falls flat ... Gold Hill levy fails; Phoenix, Rogue River measures approved ... OUR VIEW Our View: Kitzhaber's email privacy argument falls flat MailTribune.com Writer Posted Nov. 4, 2015 @ 12:01 am Posted Nov. 4, 2015 @ 12:01 am » Social News p bs:newslist StartDate="20121121" EndDate="p bs:datecalc Months="3"" DateSort="1" UseObjects="1" ObjectClass="81" Taxonomywords="2325,665" ExactTaxonomyMatch="1" Image="1" Count="4" --> Former Gov. John Kitzhaber is fighting a federal grand jury subpoena of emails he sent and received while governor, claiming he's entitled to privacy. He'll have a chance to make that argument if he's indicted and the case goes to trial, but for now, it's hard to see how he can keep the emails secret. Kitzhaber resigned as governor amid allegations that his fiancée, Cylvia Hayes, used her position for personal gain. The federal grand jury investigating those allegations issued a subpoena for Kitzhaber's emails stored at the State Archives. Kitzhaber's attorney tried and failed to get the subpoena quashed. On Monday, a three-judge panel of the 9th U.S. Circuit Court of Appeals meeting in Portland heard arguments from Kitzhaber's attorney and a federal attorney on whether the emails should be produced. Kitzhaber's attorney reportedly told the court that "an individual is entitled to a reasonable expectation of privacy," and that the subpoena was potentially "limitless." If these were emails on a private server, under a personal email account, we might agree. But an elected official using state-owned computer equipment to send and receive email as part of his public-service job has surrendered any reasonable expectation of privacy — especially when a federal grand jury is trying to determine if he or his fiancée broke any laws. Emails to and from Kitzhaber's legal counsel would be covered by attorney-client privilege, and can legitimately be withheld. And it's possible that there might be emails of a personal nature that have no bearing on the grand jury investigation. But this subpoena does not mean the emails would be made public. Grand jury procedures are secret. So it's hard to see how turning over even personal emails would unreasonably invade Kitzhaber's privacy. If the former governor has nothing to hide about the role Hayes played in his administration, the emails should help convince the grand jury not to return an indictment. If Kitzhaber is indicted, his attorneys can try to have the emails excluded as evidence in a trial. But for now, the grand jury should be able to see them. MailTribune.com Writer Posted Nov. 4, 2015 @ 12:01 am » Comment or view comments Terms of Service /* $( document ).ready(function() { // Jquery mobile is trying to style the button and leaving a blank gry button on top of a white button $("#viafouracoms .vf-comment-controls li.vf-right").html(' Submit '); });*/ » STAY INFORMED Email NewsLetter Sign Up Today Sign up for our newsletter and have the top headlines from your community delivered right to your inbox. calendar Connect with MailTribune.com Facebook Twitter RSS Back to top Reader Services Reader Services Home Subscriptions Subscriber controls Contact us Submissions Photos Events Letters to the editor Corrections Announcements Obituaries Story ideas Since you asked Alerts Email Alerts RSS Feeds Text Alerts Advertise Media Kit Home Products and services Ad rates Advertising contacts Propel Marketing Mail Tribune Daily Tidings The Nickel Shop Our Valley Blogs Mobile Site Stay Informed Email newsletter Sign Up Today Sign up for our newsletter and have the top headlines from your community delivered right to your inbox. Your privacy is important, read our privacy policy. © Copyright 2015 Local Media Group, Inc. All Rights Reserved. Privacy Policy | Terms of Service | Local Media Group Publications Original content available for non-commercial use under a Creative Commons license, except where noted. MailTribune.com | P.O. Box 1108, Medford, OR 97501