United States v. Kitzhaber

OPINION

BERZON, Circuit Judge:

This case arises in the midst of an investigation by the federal government into activities of the former Governor of Oregon, John Kitzhaber. A grand jury’s subpoena seeks a broad range of information from the State of Oregon, much of which would be available to the general public under Oregon’s public records laws. But a wide net is susceptible to snags.

For several years before Kitzhaber left office, copies of his personal emails were archived on Oregon’s computer servers. According to Kitzhaber, he was unaware of the archiving of these emails, which include many…