SALEM, Ore. – A federal appellate court panel has ruled that a subpoena seeking emails from former Oregon Governor John Kitzhaber as part of an influence-peddling investigation is too broad.
Today’s ruling by the 9th U-S Circuit Court of Appeals panel reversed a lower court’s order.
Kitzhaber resigned in 2015 amid suspicion that his fiancee, Cylvia Hayes, used her relationship with him to earn lucrative consulting contracts. Federal authorities are investigating and the FBI has issued subpoenas for emails and thousands of other records for review by a grand jury.
In its ruling, the appellate panel said Kitzhaber had a reasonable expectation of privacy in much of his personal email and that the subpoena “is unreasonable and invalid.”