Cylvia Hayes claims right against self-incrimination to block emails as feds scrutinize Kitzhaber fiancee

Cylvia Hayes has claimed her constitutional Fifth Amendment right against self-incrimination while suing to block release of emails related to her state-related activities.

In a lawsuit filed Thursday against The Oregonian/OregonLive in Marion County Circuit Court, the fiance of former Gov. John Kitzhaber also repeatsearlier assertions that she is not a public official.

In an earlier public records order, Attorney General Ellen Rosenblumrejected Hayes' arguments in ordering her to release the records. The order responded to a petition by The Oregonian/OregonLive under the state's public records law.

In her lawsuit, her lawyer, Whitney Boise, adds a new argument. "Under the Oregon and United States constitutions, ordering Ms. Hayes to provide documents that are related to the conduct of public business compels her to admit that responsive emails exist, are in her control, and authenticate that the email relates to state business, violating her right against self-incrimination ... Ms. Hayes' constitutional rights supersede the Oregon Public Records Law."

Invoking Hayes' right against self-incrimination suggests there is a plausible argument that the information could be used as a link in a chain of evidence against her, said Tung Yin, a criminal law expert who teaches at Lewis & Clark Law School. But it doesn't necessarily mean the emails contain "smoking guns"

-- Nick Budnick and Laura Gunderson nbudnick@oregonian.com lgunderson@oregonian.com 503-294-5083 503-221-8378 @nickbudnick @LGunderson

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Cylvia Hayes claims right against self-incrimination to block emails as feds scrutinize Kitzhaber fiancee