TBA Law Blog


Posted by: Kate Prince on May 5, 2022

Gov. Bill Lee’s office has declined multiple requests for records relating to the delayed execution of Oscar Franklin Smith, the Tennessean reports. Citing both the “deliberative process privilege” and attorney-client privilege, the governor’s office turned down requests from the Tennessean and the Associated Press, who sought the public records from the Tennessee Department of Correction and Lee’s office. Lee’s administration has broadly used both deliberative and so-called executive privilege exemptions when denying records requests, a practice that has been challenged in state courts. The administrations of both Democratic Gov. Phil Bredesen and Republican Gov. Bill Haslam also cited deliberative process in withholding records from the public. Lee paused all executions through the end of the year and appointed former U.S. Attorney Ed Stanton to conduct an independent review of the state's lethal injection protocol.