AG sends letter to Auditor Galloway, says governor ‘lacks authority to retain private counsel’

In a letter to Auditor Galloway, Attorney General Hawley said that the governor “lacks authority to retain private counsel to participate in connection with any adversarial proceeding without the Attorney General’s consent.”

You can read the entire letter here:

Parker Briden, spokesperson for Gov. Greitens, released the following statement about the letter:

“It is long established that the Governor’s office has the ability to hire counsel to represent the Governor in his official capacity. In fact, former Governor Jay Nixon previously hired private attorneys to represent him and his office. Missouri law specifically provides for statutory authority for the Governor to hire counsel (RSMo. 26.020 provides that “the governor may employ and fix the compensation of such legal…assistants as may be necessary for the efficient conduct of his office.”) This authority allowing state officers to enter into contracts for legal services has been reinforced by the Supreme Court of Missouri in Aetna Ins. Co. v. O’Malley, 343 1232 (1938).

The Attorney General is well aware that a possible impeachment implicates the institution of the office of the Governor and not just the individual. An effort by one branch of government to sit in judgment on another implicates the core of the executive branch of government. Presidents (including President Trump) and multitudes of governor’s offices, from New Jersey, Virginia, Alabama, Connecticut, South Carolina, and many others, have engaged outside counsel to assist in investigations that affect governors. The Governor’s office has the authority to hire counsel to represent the office to defend its interests in any purported impeachment.

As to the argument that the Governor’s Office counsel are “advancing private interests,” the Attorney General has basic facts wrong. Counsel for the Office have entered an appearance with the committee on behalf of the Office, not the Governor personally. They have attended meetings with legislative branch officials on behalf of the Office, and they have interacted with counsel for the legislative branch by responding to informal and formal requests for documents on behalf of the Office, not the Governor personally. The arguments for due process advanced by the Governor’s counsel will affect the dignity of the office for generations to come, regardless of the individual who holds the office.

Just days after the House hired two outside lawyers to represent the committee, the Governor’s adversaries would no doubt like to deprive the Governor’s office of counsel.”