The Committee alleges that these records, about the Governor's official appointments, are fundamental to ongoing investigations.
As stated by the DSCC, their legal representatives have delivered a litigation hold to Governor Justice, notifying him of their intent to sue and demanding the release of these records.
Their request is spurred by recent news stories alleging an ongoing scandal relating to Governor Justice's work schedule. As reported by the Associated Press, these allegations suggest that the Governor has been largely absent from his duties.
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In response to this legal challenge, Governor Justice's campaign team has dismissed the move as a desperate measure by the Democrats.
They assert that the Democrats are panicked by Justice's decision to run for Senate and claim the lawsuit is an attempt to prop up his less formidable GOP primary adversary.
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Roman Stauffer, campaign manager for Justice, was quoted saying, "Chuck Schumer and the Democrats have seen the polling that shows Governor Jim Justice winning this race and are in panic mode.
They want Alex Mooney as the Republican nominee because they can beat him. The Democrats see that Governor Justice will be West Virginia's next U.S. Senator and will likely help Mooney in the Republican Primary Election."
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The Democrats have increased their pressure on Justice since his recent declaration of intent to challenge incumbent Sen. Joe Manchin, D-W.Va., in 2024. Despite being a moderate Democrat in a state that voted significantly for Donald Trump in 2020, Manchin has long been seen by Senate Republicans as vulnerable to a favored candidate like Governor Justice.
In a statement from Monday, DSCC spokesperson David Bergstein declared, "Jim Justice cannot hide his work schedule – or lack thereof – from West Virginians, and this is an area which is sure to receive further scrutiny in his nasty primary."
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The DSCC has twice submitted Freedom of Information Act requests seeking details of Justice’s official itinerary, both of which were rejected. Their most recent request, sent on April 13 to J. Berkeley Bentley, general counsel of the Republican governor’s office, was refused on April 20, DSCC counsel Jacquelyn Lopez wrote in a Monday letter.
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In her correspondence, Lopez stated that the DSCC requested "copies of records containing scheduled official meetings involving Governor Jim Justice, his Chief of Staff, his Deputy Chief of Staff, and his General Counsel, from January 2017 to the present." However, the governor's office ultimately declined the request. The DSCC decried Justice’s basis for refusal as entirely without justification.
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Lopez's letter reads, "Citing out of state precedent, you contend that the information is maintained only in draft format and is frequently revised, but there is no 'draft' exception in the West Virginia FOIA." The letter also cautioned that the DSCC is set to initiate proceedings to compel the production of Justice's work schedule and asked Bentley to keep the relevant records.
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Manchin, for his part, has not announced his plans regarding re-election. Before Justice can potentially face Manchin, he must first navigate an anticipated intense primary race against U.S. Rep. Alex Mooney, R-W.Va.
Mooney recently triumphed in a 2022 race against fellow House Republican, ex-Rep. David McKinley, R-W.Va., is seen as a formidable opponent. Mooney supported Trump in his win, while Justice backed McKinley.
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