JEFFERSON CITY, Mo. _ Missouri Gov. Eric Greitens faces an avalanche of legal troubles, but his apparent violation of a 2012 non-disclosure agreement could expose the beleaguered governor to a new courtroom battle.
The revelation that Greitens, a Republican, signed the agreement with the charity he founded, The Mission Continues, is contained in a 23-page report released Wednesday by a special Missouri House committee investigating Greitens. His then-assistant, Krystal Proctor, also signed the same agreement.
The four-page agreement states, in part, that Greitens would keep in confidence the charity's "plans, lists, databases ... trade or business secrets." But the House report concludes that Greitens took a charity donor list without The Mission Continues' authorization and used it to raise campaign money.
The agreement states that it remains in effect after the employee leaves the charity _ in Greitens' case, 2014.
The agreement states that the charity is "entitled" to pursue "remedies," which include asking for a court order to stop use of the donor list, and which allow the charity to recoup attorneys fees related to legal action it takes.
The document also says a breach of the document would cause "irreparable harm" to the organization, which Greitens founded in 2007.
Spencer Kympton, president of The Mission Continues, which helps veterans adjust to life after returning home, contended in a March 5 letter to donors that it did not authorize the use of the donor list.
"Perhaps the most disappointing aspect of the Greitens campaign's action is the disruption it has created," Kympton said.
Laura L'Esperance, spokeswoman for The Mission Continues, said Thursday that the organization would have no comment on what civil action it might take against Greitens.
"I can't comment on what future litigation we may pursue or not," she told The St. Louis Post-Dispatch.
According to the House report, Kympton told the bipartisan committee that "the (The Mission Continues non-disclosure agreement) applied to the TMC donor list. When asked if there was an exception to the NDA for political activity, Kympton responded, 'There are no exceptions.'"
Catherine Hanaway and James Bennett, two attorneys representing Greitens, did not respond to a request for comment on Thursday.
While Greitens' signature on a non-disclosure agreement was news, Greitens has a history of asking his subordinates to sign such documents.
The House report notes that 17 days after Greitens obtained the charity donor list in question, he asked his then-campaign adviser Daniel Laub to sign an agreement barring him from sharing "donor lists" with third parties.
The Post-Dispatch reported in December 2016 that Greitens asked members of his transition team to sign confidentiality agreements.
After news of Greitens' extramarital affair broke in January, the Post-Dispatch and Columbia Missourian attempted to contact 60 former Greitens campaign workers who may have been asked to sign such agreements.
Although use of the agreements is common in modern politics, one former Greitens staffer who did sign an agreement worried they were having a "chilling effect" on those who wished to share information publicly that which could damage the governor.
Former staffers "almost feel like this could be a muzzle preventing them from talking about their experience working for Eric," said the former staffer, who spoke on the condition of anonymity.
In Greitens' case, the House report states that the future governor asked for a copy of the donor list as he was transitioning out of the charity's CEO role in May 2014. He was supposed to use the donor list to assure donors of a smooth transition.
After Greitens left, he began preparing for his run for governor. Proctor testified to the House committee that Greitens had mentioned multiple times "the importance of the TMC donor list to support future political fundraising efforts."
On Jan. 6, 2015, Proctor emailed the list to Laub and another staffer, Michael Hafner. Hafner and Proctor testified that Greitens had directed that the list be transmitted.
On April 25, 2015, Proctor emailed the list to Meredith Gibbons, the finance director for Greitens for Missouri. Proctor told the House committee that she had acted at Greitens' direction.
