Glendening seeks emergency stay of order to turn over phone records Judge ordered governor to release material

October 27, 1998|By Greg Garland | Greg Garland,SUN STAFF

Gov. Parris N. Glendening asked an appeals court yesterday for an emergency stay of a lower court's order that he turn over to a newspaper his telephone records and those of two top aides.

Anne Arundel County Circuit Judge Lawrence H. Rushworth ordered late Friday that complete copies of the telephone records and of Glendening's calendars and scheduling information be turned over to the Washington Post within 96 hours.

The records are for a six-month period in 1996.

Glendening's legal counsel, Andrea Leahy-Fuchek, said the ruling means the records would have to be released by 4: 30 p.m. today unless the Maryland Court of Special Appeals grants the request for an emergency stay.

"We believe the court's ruling, broadly applied, will impede the ability of the governor or any future governor to conduct business in the state," Leahy-Fuchek said of the reason for appealing Rushworth's decision.

Some of the governor's calendar records already had been released with some redactions. Rushworth had been reviewing the governor's office's arguments for redacting, or editing, some of the telephone records.

He decided Friday that all the records should be released, with no redactions. In rejecting a claim of executive privilege, Rushworth wrote that the "serpentine arguments of the defendants defy logic."

Leahy-Fuchek said Rushworth's decision came as a surprise because it was a departure from an earlier ruling in which he had talked about the need for the governor to have some degree of privacy to carry out his constitutional duties.

Pub Date: 10/27/98

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