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Maryland鈥檚 General Assembly will consider legislation this session intended to prohibit Gov. Lawrence J. Hogan Jr. (R) 鈥� and future governors 鈥� from using texting apps that automatically destroy their messages.
Two lawmakers 鈥� Del. Vaughn Stewart (D-Montgomery) and Sen. Clarence Lam (D-Howard) 鈥� said they were moved to take action聽聽that Hogan makes regular use of Wickr, a messaging app that can be set to delete users鈥� communications automatically.
According to the paper, messages that Hogan and his top staff exchange vanish 24 hours after they are sent. Lawmakers and good-government advocates said the governor鈥檚 use of Wickr raises questions about whether use of the app conflicts with Maryland public records requirements.
According to the Maryland State Archives, 鈥渢he law defines public records very broadly,鈥� and that 鈥渁ll public officials (are) responsible for making sure that records no longer needed are either offered to the Archives or are destroyed according to procedures that are spelled out in Maryland鈥檚 regulations.鈥�
鈥淩ecords must be maintained correctly to facilitate the transparency that the public expects of public office-holders,鈥� the site adds.
Hogan defended his use of the app on Thursday, telling reporters, 鈥渢here鈥檚 nothing inappropriate in what we do.鈥�
鈥淚t doesn鈥檛 take the place of official government communication,鈥� he added. 鈥淏ut we certainly have the ability to communicate in an informal way, in person, on the phone, and through messaging chats. I think it鈥檚 a pretty common practice and there鈥檚 absolutely nothing wrong with it.鈥�
While the guidance on public records indicates that every 鈥渦nit鈥� of state government must have a record-keeping plan, Hogan鈥檚 spokesman, Michael Ricci, suggested the governor is exempt.
鈥淎s has historically been the case, there is no document retention policy for the Office of the Governor,鈥� he said in an email.
The administration told the Post that it is not a 鈥渦nit of state government鈥� because it is the head of state government.
Stewart dismissed that stance.
鈥淩ight now they鈥檙e making this laughable argument that they don鈥檛 need a policy because the governor鈥檚 office is not a unit of government, which would not pass the smell test of any judge in America,鈥� he said.
Lam offered a similar take: 鈥淭he interpretation that the governor鈥檚 office is not a 鈥榰nit of state government鈥� 鈥� I think that contention is absurd and it鈥檚 unbelievable on the face of it.鈥�
Both lawmakers said Maryland law needs to make it clear that the governor鈥檚 office is a unit of the government.
鈥淏y changing the definition of 鈥榰nit of government,鈥� they would have to create a record retention plan that鈥檚 been approved by the state archivist,鈥� Stewart said.
The Post鈥檚 story included several messages 鈥� obtained through an unidentified source 鈥� that Hogan exchanged with top staff. The governor鈥檚 legal office told reporters the messages the Post obtained do not show him conducting public business on the app. Hogan declined to be interviewed.
In public, Hogan tends to employ a disciplined communications style that highlights successes and distances his administration from failures. The messages obtained by the Post鈥檚 source 鈥� described by Ricci as 鈥渇luid political and media, news of the day conversations鈥� 鈥� offered a glimpse into his off-stage persona.
Joanne Antoine, executive director of the watchdog group Common Cause, said she was surprised to learn that Hogan is using Wickr. Her organization supports a change in the law.
鈥淚 understand the desire (to communicate candidly), but you are a public official,鈥� she said. 鈥淥ur first reaction was honestly shock. And then we were like, 鈥榳hat are you trying to hide?鈥� 鈥� Especially when the governor has made clear that his priority is transparency. It鈥檚 just really concerning.鈥�
Antoine said the state鈥檚 Public Information Act already exempts certain confidential communications.
Stewart suggested that Hogan was drawn to Wickr because it gives him the ability to communicate candidly about 鈥渟candals鈥� such as the South Korean test kit聽, the聽聽of his former chief of staff Roy McGrath, and the glitches with the unemployment assistance program 鈥� without his words ending up in the state archives or news accounts.
鈥淲hen you tick off the number of scandals that have roiled the administration since the onset of the pandemic鈥� there are obviously many different topics that the governor and his inner circle have had to discuss that are very sensitive,鈥� Stewart said. 鈥淚t鈥檚 clear that the governor wanted to provide a fail-safe so that his discussion of these really embarrassing topics would never come to light. And unfortunately for the public, it looks like he might have succeeded.鈥�
Last year, a former top state official was arrested for posting child pornography to Wickr and another messaging service, Kik, from his home and state government buildings.
Mathew Palmer聽聽to eight years in prison after pleading guilty to a federal child pornography charge. Palmer served as Hogan鈥檚 deputy legislative officer before becoming chief operating officer at the state Department of Commerce.
Investigators obtained their guilty plea after obtaining thousands of illicit images from Wickr and Kik accounts that were registered in Palmer鈥檚 name.
The Hogan administration said Palmer was never a user on the account used by the governor. He resigned abruptly from his commerce department post in August 2020.
Editor鈥檚 Note: This story was updated to include additional detail about Mathew Palmer鈥檚 Wickr use.聽
