We’ve just obtained a document from the Office of the Attorney General that appears to indicate there is an open and ongoing investigation into allegedly falsified mine reports from Betty Sue Whitaker.
Told you on Tuesday that the OAG’s Communications Director, Allison Martin, told us that the office could neither confirm nor deny any investigation. But she made clear that the OAG has the authority to investigate any crimes involving the Treasury.
So we filed an open records request with the OAG requesting, as follows:
Any and all communication between the Office of the Attorney General with any state cabinet regarding Betty Sue Whittaker.
Low and behold an agency of the state government (it’s a miracle!) complied with our request within the allotted timeframe. And here’s part of what we received in response:
With respect to your request, the records are exempt from production because they relate to an open investigation that involves this office. [Emphasis ours] Pursuant to KRS 61.878(1)(h), these records are exempt from disclosure because the disclosure of the information may harm the agency or agencies by revealing the identity of informants not otherwise known and by premature release of information to be used in a prospective law enforcement action or administrative adjudication. As with any investigation, the release of the requested records may harm the ongoing investigation currently being conducted by this office by possibly exposing informants and witnesses to threats, intimidation and harm by persons being investigated or prosecuted for these crimes. Release of these documents could also subject evidence yet to be discovered in this investigation to be destroyed, altered or made unavailable.
So it’s confirmed. There is, indeed, an ongoing investigation.
You may read the entire response from the OAG by clicking here. (Warning: PDF Link)