Make the e-mails public

Friday, June 06, 2008

Gov. Jon Corzine's reason for keeping e- mails between himself = and=20 Carla Katz secret goes something like this: A government can = operate=20 effectively on behalf of the people only if it keeps them in the = dark.=20

Really. That's the gist of his ill-advised decision to fight = last=20 week's court order to release the documents. Rather than appealing = Judge=20 Paul Innes' well-reasoned and legally sound ruling, Corzine ought = to=20 reaffirm his commitment to the public's right to know exactly how = the=20 government operates by making the e-mails public.

The governor's counsel describes the refusal as waging a = valiant fight=20 to ensure that Cor zine and future governors can communicate with = top=20 staffers without worrying that what's said candidly in private = will become=20 public.

Shielding certain memos or other communications from public = disclosure=20 involves the exercise of what's known as executive privilege. = There's no=20 doubt a president or governor must be allowed to do that. But the = practice=20 cannot be so all-encompassing that a governor can declare that = just about=20 any document falls under the aegis of executive privilege. = Traditionally,=20 executive privilege has involved communica tions between a = president or a=20 governor and senior advisers.

Clearly, that's not the case with the Corzine-Katz ex changes. = She was=20 not a member of his staff and on the issue of labor negotiations = should=20 not have been an adviser. Quite the contrary. At the time the two = were=20 swapping e-mails, she was head of a state employees local and he = was=20 engaged in contract talks with the unions. Katz was not part of = the=20 official negotiat ing team. It would be hard to find an ethics = code -- for=20 either public officials or union leaders -- that would deem such = ex=20 changes to be appropriate.

That makes what she had to say to Corzine all the more rele = vant. It's=20 exactly such communications that the state Supreme Court had in = mind when=20 it previously noted that the public has a right to obtain = documents that=20 can help it "understand and evaluate the reasonableness of the = public=20 body's actions."

Corzine has maintained Katz in no way influenced his decisions = on the=20 labor contract. He may be right about that, but he can't expect a=20 skeptical public to take his word for it. Only release of the 72 = e-mails=20 that cover 100 pages can prove him right.

The judge's decision arose from a lawsuit filed by Tom Wil son, = head of=20 the state Republican Party. He asked only for e- mails and other = communica=20 tions relating to state business, and that's what the judge has = ordered=20 released.

Still, it would be naive not to acknowledge that Wilson's march = to the=20 courthouse is colored with political motives. The suspicion is = that the=20 e-mails may contain some turns of phrase that could be = embarrassing to=20 Corzine during next year's gubernatorial race.

Release of the e-mails in deed may prove painful to the = governor, but=20 as a public figure, he has an obligation to be upfront.

The public can put up with a governor who may have done some = silly=20 things, especially involving girlfriends. What it can't stand is a = governor trying to hide what the public has a right to know.



Make the e-mails public Friday, June 06, 2008 Gov. Jon Corzine's reason for keeping e- mails between himself = and=20 Carla Katz secret goes something like this: A government can = operate=20 effectively on behalf of the people only if it keeps them in the = dark.=20 Really. That's the gist of his ill-advised decision to fight = last=20 week's court order to release the documents. Rather than appealing = Judge=20 Paul Innes' well-reasoned and legally sound ruling, Corzine ought = to=20 reaffirm his commitment to the public's right to know exactly how = the=20 government operates by making the e-mails public. The governor's counsel describes the refusal as waging a = valiant fight=20 to ensure that Cor zine and future governors can communicate with = top=20 staffers without worrying that what's said candidly in private = will become=20 public. Shielding certain memos or other communications from public = disclosure=20 involves the exercise of what's known as executive privilege. = There's no=20 doubt a president or governor must be allowed to do that. But the = practice=20 cannot be so all-encompassing that a governor can declare that = just about=20 any document falls under the aegis of executive privilege. = Traditionally,=20 executive privilege has involved communica tions between a = president or a=20 governor and senior advisers. Clearly, that's not the case with the Corzine-Katz ex changes. = She was=20 not a member of his staff and on the issue of labor negotiations = should=20 not have been an adviser. Quite the contrary. At the time the two = were=20 swapping e-mails, she was head of a state employees local and he = was=20 engaged in contract talks with the unions. Katz was not part of = the=20 official negotiat ing team. It would be hard to find an ethics = code -- for=20 either public officials or union leaders -- that would deem such = ex=20 changes to be appropriate. That makes what she had to say to Corzine all the more rele = vant. It's=20 exactly such communications that the state Supreme Court had in = mind when=20 it previously noted that the public has a right to obtain = documents that=20 can help it "understand and evaluate the reasonableness of the = public=20 body's actions." Corzine has maintained Katz in no way influenced his decisions = on the=20 labor contract. He may be right about that, but he can't expect a=20 skeptical public to take his word for it. Only release of the 72 = e-mails=20 that cover 100 pages can prove him right. The judge's decision arose from a lawsuit filed by Tom Wil son, = head of=20 the state Republican Party. He asked only for e- mails and other = communica=20 tions relating to state business, and that's what the judge has = ordered=20 released. Still, it would be naive not to acknowledge that Wilson's march = to the=20 courthouse is colored with political motives. The suspicion is = that the=20 e-mails may contain some turns of phrase that could be = embarrassing to=20 Corzine during next year's gubernatorial race. Release of the e-mails in deed may prove painful to the = governor, but=20 as a public figure, he has an obligation to be upfront. The public can put up with a governor who may have done some = silly=20 things, especially involving girlfriends. What it can't stand is a = governor trying to hide what the public has a right to know. =A9 2008 The Star Ledger =A9 2008 NJ.com All Rights = Reserved.