Former Missouri Gov. Eric Greitens is resisting efforts to make public a pair of secret provisions in an agreement he reached with St. Louis Circuit Attorney Kimberly Gardner to drop a felony computer-tampering charge against him, according to Gardner's office.
Greitens offered to resign as part of the deal. The agreement was filed in court on May 30, the day after Greitens announced his decision to leave office.
Missouri Attorney General Josh Hawley may decide whether the public gets to see the full agreement between Gardner and Greitens.
Gardner requested a legal opinion from Hawley's office Monday afternoon after receiving Missouri Sunshine Law requests from several media outlets, including The Star, demanding to see the full agreement without redactions. The Star filed the request before Greitens left office last Friday.
The agreement was released to the public but included provisions that were entirely blacked out.
Gardner's office said on Monday that it favored releasing the full version of the agreement, but was met with strenuous objections from Greitens' legal team.
"Due to the unique circumstances of the case, we have requested a formal opinion from the Attorney General on the issue," said James Michaels, assistant circuit attorney, in an email to The Star.
In Michaels' request for an opinion from Hawley, he notes that after receiving open records requests from the media for the unredacted agreement, the circuit attorney's office notified one of the governor's attorneys and asked whether Greitens would object to the document's release.
Greitens' attorney replied to Gardner that he would ask Judge Rex Burlison "to stop the release of the unredacted material" and "to hold you in contempt of court for the unredaction without court order."
Hawley's office did not have an immediate comment. A lawyer for Greitens did not immediately provide a comment.
The deal did not require Greitens to admit guilt, but stipulates that the court may dismiss the tampering charge with prejudice — meaning it can't be refiled — "upon receipt of the defendant's resignation from office by the Secretary of State of Missouri."
The agreement also released Gardner and all members of her office and consultants from any civil liability related to the tampering case or a previous felony invasion-of-privacy case against Greitens.
A copy of the agreement, which was signed by Gardner and Greitens' defense attorney James Martin, was filed with the St. Louis Circuit Court on May 30.
Two of the agreement's provisions were blacked out and marked "under seal."
Shortly after the agreement was filed with the court, all records of the case disappeared from an online court records database.
The Star submitted an open records request under Missouri's Sunshine Law for an unredacted copy of the agreement, as well as any order to seal portions of the agreement.
Susan Ryan, a spokeswoman for the circuit attorney's office, told The Star that there was "no formal court order" to seal the document.
The agreement resolved a felony charge brought by Gardner based on allegations that Greitens broke the law by using a veterans' charity donor list without permission to raise money for his gubernatorial campaign.
The Star's Bryan Lowry contributed to this story.