Tennessee Deputy Attorney General Janet Kleinfelter argued in court last week that reports that a government-hired consultant filed regarding COVID-19 should remain exempt from the public.

This, according to a new column that The Tennessee Coalition for Open Government (TCOG) recently published. The TCOG, according to its website, promotes open government and citizen access to public information.

State officials hired McKinsey and Company as a consultant to outline potential scenarios for reopening government and workforce management after COVID-19.

Janet Kleinfelter, deputy attorney general for Tennessee, cited what she called a “deliberative process privilege.” She said the privilege exists to prevent “Monday-morning quarterbacking” of state decisions.

“Kleinfelter argued that if state officials knew that the analyses and options presented in the McKinsey report were to be made public — even a year and a half later — state officials would be ‘chilled’ or discouraged from having frank discussions amongst themselves about decisions they must make. Kleinfelter told the judge that state officials likely would not have hired McKinsey or sought expert advice if they thought the consultant’s reports would be released,” according to the TCOG.

“In explaining how it would “chill” government officials from making decisions in the future, Kleinfelter in her brief said that allowing the public to see the withheld McKinsey documents would allow “the public to probe the editorial and policy judgment and/or reconstruct the predecisionsal judgments of the UCG (Unified Command Group) and the Governor in responding to the COVID-19 pandemic and would expose those governmental officials to public criticism.”

The Tennessee Star reached out to the Tennessee Attorney General’s Office for comment.

Samantha Fisher, spokeswoman for the Tennessee Attorney General’s Office, declined comment.

“We don’t have anything to add to what was stated in the brief,” Fisher said.

Chris Butler is an investigative journalist at The Tennessee Star and The Georgia Star News. Follow Chris on Facebook, Twitter, Parler, and GETTR. Email tips to [email protected].
Photo “Tennessee Attorney General’s Office” by Tennessee Attorney General’s Office.