State Auditor rejects records request over federal grand jury secrecy

The West Virginia Auditor's Office rejected a public records request in under 90 minutes on Tuesday, October 27. The denial covers documents representing federal subpoenas sent to the office or its staff acting in their official capacity. The general counsel for the Auditor's Office stated that releasing these materials would violate the secrecy of ongoing federal grand jury proceedings.

The request originated from a news tip received by WV MetroNews. The outlet filed the Freedom of Information Act request on the afternoon of Tuesday. Within an hour and a few minutes, the office's legal team responded with a formal denial. The denial cited federal case law and specific sections of the Federal Rule of Criminal Procedure.

A federal grand jury consists of citizens summoned by a U.S. District Court. Their role is to hear evidence and determine if probable cause exists for federal charges. They do not decide guilt or innocence. The jury can issue subpoenas to compel witnesses to testify or to produce documents. Federal law typically prevents government attorneys from revealing details from inside the grand jury room.

The Auditor's Office argued that this federal exemption governs state disclosure laws. The response noted that the rule prohibits disclosing matters before a grand jury, which includes the subpoena itself and any responsive records. The office stated this rule maintains strict secrecy with limited exceptions. The rule restricts grand jurors, court staff, prosecutors, and designated government personnel from discussing these matters.

However, state Delegate Tristan Leavitt disagrees with the office's interpretation. Leavitt is a Republican attorney and the president of the nonprofit Empower Oversight. He stated that an ongoing grand jury investigation is not a valid reason to withhold documents under state public records law. Leavitt posted on social media that the legal interpretation is inaccurate. He argued that the secrecy rule binds grand jurors and prosecutors, not the agency itself.

WV MetroNews also reached out to the auditor's communications office and chief of staff via email and phone. The office did not respond to those inquiries. Multiple sources indicated that federal investigators were present at the delinquent sales tax office, which operates under the Auditor's authority.

Mark Hunt has served as the state Auditor since 2025. He previously served as a state delegate and senator. Hunt has practiced law for 30 years. He was the managing partner at Hunt & Serreno PLLC before establishing Mark A. Hunt & Associates PLLC. The Auditor serves as the state's chief financial inspector and supervisor of public offices.

The office continues to hold the subpoena records. The denial stands based on the current application of federal criminal procedure rules to state agency records.