&gt; Smith has the right to subpoena the emails. They&#x27;re public property.<p>Not necessarily -- they might be, ianal, but it&#x27;s not the case that all government e-mails are automatically part of the public record. I recall from back in my journalism days that government workers have some assurance of confidentiality w&#x2F;r&#x2F;t e-mail communications if that assurance is needed to effectively carry out their job.