As Baltimore’s legal battle over access to government records heads toward a judge’s decision, a former federal inspector general says the outcome could reshape how government watchdogs operate not only in Baltimore, but across Maryland.
Mark Lee Greenblatt, who served as Inspector General for the U.S. Department of the Interior and chair the Council of the Inspectors General on Integrity and Efficiency, told FOX45 News he believes the lawsuit between Baltimore Inspector General Isabel Cumming and the Scott administration threatens the independence inspectors general rely on to investigate government.
“This threatens the very foundation of independent oversight,” Greenblatt said. “Certainly, for Baltimore, but I am concerned that this will be used as a blueprint.”
The lawsuit stems from a dispute over whether Baltimore’s Office of the Inspector General should continue to have direct access to city records and computer systems, or whether investigators must instead obtain records through Maryland’s Public Information Act, MPIA.
The Scott Administration argues the OIG should not have direct access to records, claiming it could violate the attorney-client privilege. Instead, Mayor Scott and the Law Department argue the OIG can request records from the Law Department, and once MPIA restrictions are applied, the records can be released.
Cumming’s office argues direct access is essential to conducting timely, independent investigations and says inspectors general have historically operated with that authority.
Greenblatt said requiring inspectors general to rely on public records requests would fundamentally change the role of government watchdogs.
“This appears to be a very clear attempt to convert the watchdogs into lapdogs,” Greenblatt said. “This seems to be challenging the fundamental premise that inspectors general can get access to whatever they need inside the government in order to conduct their oversight.”
He warned the decision could have consequences beyond Baltimore, affecting inspector general offices in Montgomery, Howard and Anne Arundel counties and potentially serving as a model for other jurisdictions.
“There are others that are in jeopardy if this lawsuit moves forward in a manner detrimental to the inspector general,” he said.
During a recent court hearing, attorneys representing the city repeatedly argued that attorney-client privilege is one of the primary reasons unrestricted access should not be granted.
FOX45 News asked Greenblatt whether inspectors general are already obligated to safeguard privileged information.
“That’s exactly right,” Greenblatt said. “The inspectors general are part of the government and therefore they are part of the client.”
He said, based on his experience at the federal level, inspectors general routinely review sensitive legal communications during investigations but do not simply make them public.
Instead, he said agencies are typically given the opportunity to assert attorney-client privilege before reports are released, allowing privileged material to be redacted.
“We respected the agency’s attorney-client privileges,” Greenblatt said. “We did not view it to be our role to waive that on behalf of the agency.”
The legal dispute follows a letter of advice issued by the Maryland Attorney General’s Office suggesting inspectors general must use the MPIA to obtain records; the letter was issued to by an assistant attorney general after a request by Sen. Antonio Hayes, a Democrat from Baltimore City. However, just days later, Attorney General Anthony Brown clarified the letter was not an official opinion and was not meant to be used to implement parameters on the OIG.
Earlier this year, lawmakers considered legislation that would have explicitly exempted inspectors general from that requirement. The measure did not pass. Greenblatt called that a missed opportunity.
“The Maryland legislature needs to take action, and it should have taken action in the last session,” he said.
He also suggested Attorney General Anthony Brown could rescind or replace the advice letter to clarify that inspectors general are not required to use the MPIA to obtain records necessary for investigations.
Greenblatt also questioned why the dispute surfaced years into Mayor Brandon Scott’s administration, after Cumming had served in her role for years. The access was cut amid an investigation into a youth diversion program known as SideStep; the pilot program is no longer in operation, but it was run through the Mayor’s Office of Neighborhood Safety and Engagement, MONSE.
“The timing certainly adds to that circumstantial evidence of, ‘Why now?'” Greenblatt said. “The natural inclination is to raise your eyebrow and say, ‘What’s going on here?'”
The Scott administration has consistently denied any effort to block oversight, arguing the case is about complying with Maryland law, not preventing investigations.
A ruling is expected in the next month or so, per Judge Pamela White during the July 28 hearing.
Follow Political Reporter Mikenzie Frost on X and Facebook. Send tips to mbfrost@sbgtv.com.
Local Story
