The judges challenged the governor's argument that the judiciary branch had no authority in the matter, and that the email — sent to 30 recipients in various states — was protected by attorney-client privilege.
In a case that may determine how the governor's office complies with Indiana public records laws, Pence's legal team argued before appellate Judges Nancy H. Vaidik, John G. Baker and Edward W. Najam Jr. that a political white paper should be kept from the public.
The civil case was brought by Democratic labor attorney William Groth, who sued the Pence administration in 2015 after it "substantially redacted" and subsequently denied his request for a document. The email in question related to the efforts of Republican governors to stop President Barack Obama’s 2014 immigration executive order.
The case has drawn national interest in the wake of Pence's aggressive battle on the campaign trail to release the emails Hillary Clinton sent from a private server she maintained while secretary of state.
