IOWA CITY, Iowa (AP) - Gov. Terry Branstad will be too busy and should not be deposed in a lawsuit brought by a fired state agent who blames the governor for destroying his reputation, state lawyers argued Wednesday.
State lawyers defending Branstad filed a motion seeking to block a videotaped March 24 deposition scheduled by lawyers for former Division of Criminal Investigation special agent in charge Larry Hedlund. The deposition would “significantly interfere” with Branstad’s duties during the busy legislative session and his preparations to become U.S. ambassador to China under President Donald Trump, assistant attorneys general Jeffrey Peterzalek and Julie Bussanmas argued.
Hedlund is suing the state, Branstad and three former superiors at the Iowa Department of Public Safety for claims that include retaliation and defamation. He contends he was fired for reporting wrongdoing, including an incident in which a trooper driving Branstad was clocked going 84 mph in a 65-mph zone but not pulled over once officers saw who was inside.
Hedlund had called a dispatcher to report the speeding SUV going “a hard 90” after it zipped past him on the highway. The next day, he told superiors that Branstad’s driver should have been ticketed and complained that the governor’s security detail had a practice of driving at excessive speeds with apparent impunity. Hedlund was removed from duty and placed on leave days later.
The department later fired Hedlund for alleged misconduct that included insubordination. An investigation commissioned by Branstad found that the governor’s office wasn’t involved in the termination.
Hedlund’s attorneys want to ask the governor under oath about his claims at a 2013 news conference that Hedlund was fired for morale and safety reasons that were unrelated to the speeding complaint. Hedlund, a 25-year state employee noted for his criminal investigation skills, contends the governor’s remarks were defamatory and falsely painted him as a safety risk that made it hard to find other law enforcement jobs. He’s since been hired by the Fort Dodge Police Department.
Depositions are part of the pre-trial fact-finding process in which relevant parties answer questions under oath. The state’s filing noted that Branstad’s news conference was recorded and argued that other information about the governor’s actions could be answered through less burdensome measures, such as written filings known as interrogatories and depositions with other defendants.
State lawyers are also opposing Hedlund’s request for personnel files of several employees who allegedly committed far more serious misconduct than Hedlund but were allowed to keep their jobs.
Hedlund’s attorney, Tom Duff, argued this week that the files were relevant and must be turned over. He said Wednesday he would also resist the state’s effort to quash Branstad’s deposition. A judge will decide those matters.
Branstad was last deposed in a civil case in November 2014, when he was questioned for hours in a lawsuit brought by former Iowa Workers’ Compensation Commissioner Chris Godfrey. That deposition produced newsworthy testimony about Branstad’s relationship with campaign donors who had complained about Godfrey, as well as Branstad’s decision to avoid use of email.
Trump has nominated Branstad for the key ambassadorship, but a confirmation hearing hasn’t yet been scheduled in the Senate.
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