Sunday, March 11, 2018

Kimberling City Republican: Greitens hearings should remain closed- the press is not working for the public

(From Rep. Don Phillips, R-Kimberling City)

As I previously reported, I was assigned by the Speaker of the House to serve on a special investigative committee with a duty to investigate an “Invasion of Privacy” charge, and the facts surrounding that charge, handed down by a Grand Jury in St. Louis, against Governor Greitens.

The investigative committee officially met for the first time on March 6th in Hearing Room #5 at the Capitol. At the initial public meeting, the committee members voted unanimously to hold a closed hearing for taking witness testimony on Wednesday March 7th.  

The March 7th hearing was held, and two more hearings were held on Friday, March 9th.  All witnesses thus far have been accompanied by their attorneys. Our next hearings are Monday March 12th and Wednesday March 14th. The hearings are being held at the Jefferson City Police Department and they are posted publicly but held in private. At each hearing the committee votes, on record, whether to close the next hearing. The committee will produce a final report and recommendation of action to the Speaker of the House once the hearings are completed. The committee is scheduled to deliver our findings to the Speaker on April 8th.  If more time is necessary, a request will be made to extend the investigation. The transcripts of the testimony will be made available once the investigation is completed.

Closed Hearings
Most reporters in the media are critical of the closed hearing process; some like to call it “secretive.” The Kansas City Star ran an editorial and here’s a partial quote; “Like the Governor and every member of the panel, the press works for the public.” Seriously?  Those employed in the press have a job to do and I have always shown respect for that job but we all know they are not working for the public. The press reports to the public by way of their employer. The elected officials serving on this committee are however working for the public by way of the election process that sent us to Jefferson City on their behalf.  It’s “the public needs to know” versus “the public needs to know the facts.”  That’s the way I see it benefitting everyone the best way possible.

The closed hearings protect the privacy of the individual testifying and at this point, in this situation, it’s a critical element. The closed hearings also keep witnesses from knowing the testimony of previous witnesses. In addition, with a criminal case looming, if the testimony in the House committee hearings were immediately made public, that information could taint the criminal proceedings. Finally, the closed hearings prevent a trial by media and or a trial by public opinion before all the facts are gathered. Once the hearings are completed and a final report is produced (based on facts) the criminal proceedings are better protected.

No matter what the outcome of our investigation, this political / public perception sword has two razor-sharp edges. It will need to be handled very carefully. The adage, “time will tell” certainly seems appropriate!

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