Freedom Foundation v. Gregoire (Majority, Concurrence and Dissent)
Annotate this CaseThe issue before the Supreme Court in this case centered on whether Washington's constitutional separation of powers creates a qualified gubernatorial communications privilege that functions as an exemption to the Public Records Act (PRA). Freedom Foundation sued the governor to compel production of documents under the PRA after the governor asserted executive privilege and refused to release them. The parties filed cross motions for summary judgment. The trial court ruled that separation of powers principles produced a qualified gubernatorial communications privilege. Because the Foundation made no attempt to overcome this qualified privilege, the trial court granted the governor summary judgment. Finding no error, the Supreme Court affirmed.
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