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would cover all the documents in this case as long as they were preliminary. But they are no longer preliminary. As the Freedom Foundation argues in its brief, tunnel debate is over. Carol Murphy of Thurston County Superior Court ruled that Gregoire does have the sort of qualified privilege Nixon had. Murphy declared that if the governor says a document is covered by the privilege, whoever wants that document must show particularized need for it. And Freedom Foundation didn say it needed the documents. It wanted them, to prove that anyone could have them. If Murphy decision stands, anyone who wants a document from the governor office will likely have to file a lawsuit and prevail over the state. Further, if the governor has qualified executive privilege, the state auditor and the insurance commissioner, and the superintendent of public instruction will want it too. The Times supports the Act. Allied Daily Newspapers of Washington, a trade association (The Seattle Times is a member), has

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