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Oklahoma Gov. Mary Fallin's office yet to produce records on Affordable Care Act rejection

News media groups months ago requested documents pertaining to her decision to reject federal Affordable Care Act money

By Zeke Campfield | Published: February 11, 2013 Comment on this article

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But in an interview last week, Fallin said she may invoke “executive privilege” to withhold some documents developed during policy deliberations.

“We do believe there is executive privilege ... that if there is information I'm using to get information from my staff or lawyers to provide me insight into various issues that it's been held up by the courts that you can have executive privilege,” Fallin told The Oklahoman.

Government transparency advocates have said if Fallin does invoke executive privilege she would be redefining state law and stripping the public and media organizations of rights secured under the Open Records Act for almost 30 years.

“There's no exemption for deliberative process, there's no executive privilege provided for in the Open Records Act, and I believe the governor's mistaken about whether she is exempt from disclosure of her emails and other communications,” Oklahoma City attorney Bob Nelon said.

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