- Associated Press - Friday, February 17, 2017

WILMINGTON, Del. (AP) - A judge is hearing oral arguments in a Freedom of Information Act lawsuit pitting former Gov. Jack Markell against former state treasurer Chip Flowers.

Friday’s hearing involves a request by Flowers in 2015 for emails sent or received by Markell administration officials that referred to Flowers and his office.

After Flowers challenged Markell’s denial of records, the attorney general’s office issued a split decision, in which it was unable to determine whether Markell’s office violated FOIA by withholding emails simply because they were sent by a lawmaker or legislative staffer, without regard to their content or context.

Flowers filed a court appeal, followed by a cross-appeal from Markell asking the court to declare that any public body can withhold any emails received or sent by state lawmakers or their staffs.

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