Jeff Landry, Meta and the NDA

John Robert Badger, a Louisiana native, human-rights advocate, senior paralegal and 2028 presidential candidate, is requesting answers concerning nondisclosure agreements associated with Louisiana government and Meta’s data-center development.

Badger’s request follows reporting that Gov. Jeff Landry signed a mutual nondisclosure agreement on behalf of the Office of the Governor in connection with records involving Meta or its data-center affiliate. News investigations have also reported broader use of confidentiality agreements among Louisiana officials and state employees. The existence of an NDA, by itself, does not establish unlawful conduct.

The 30-day request

Badger is asking the Governor’s Office, Louisiana Economic Development and Meta to respond within 30 days of this publication with the fullest information that may lawfully be disclosed. The 30-day period is a public request and notice period established by Badger. It is not presented as a statutory deadline imposed by Louisiana law.

The requested information includes:

• The NDA and any amendments, with only legally authorized redactions.
• Any written request for confidentiality and the reasons offered for that request.
• Any determination by the Louisiana Economic Development secretary authorizing confidential treatment.
• The date and content of any public notice required by Louisiana Revised Statute 44:22.
• An identification of information still withheld and the specific legal authority cited for each category.
• An explanation of which confidentiality provisions remain operative.

What Louisiana law provides

Louisiana Revised Statute 44:22 allows records in the custody of Louisiana Economic Development concerning an active economic-development negotiation to remain confidential when specified conditions are met. The person seeking confidentiality must make a written request stating the reasons and asserting that the negotiation depends in whole or in part on confidentiality. The LED secretary must determine that disclosure would harm the negotiation and give reasons for that determination.

The statute also requires publication of a notice containing general information about the confidential negotiation no later than ten days after the determination. Its special confidentiality period is generally limited to twelve months, with a possible additional twelve months following a renewed determination and notice. Under that section, confidentiality cannot exceed twenty-four months from the initial determination.

The statute defines when an active negotiation ends, including when a proposal affecting the negotiation is submitted to a public body for consideration at a public meeting. Whether particular records remain exempt depends on the documents, dates, statutory conditions and any other applicable law.

A request for legal precision

Badger states that legitimate trade secrets, cybersecurity information and qualifying active negotiations may receive protection. His request asks officials to distinguish information protected by statute from information withheld only under contractual language.

“Governor, you were elected to govern Louisiana. The people deserve a clear explanation of what their government agreed to, what remains confidential and which law authorizes each withholding.”

Meta’s stated position

Public reporting has described Meta’s position that confidentiality agreements are a standard part of competitive site-selection discussions and help prevent premature speculation about projects that might not proceed. Badger’s request does not deny that companies may protect legitimate proprietary information. It asks how those interests are balanced against Louisiana’s public-records requirements.

Possible next steps

If records are requested through the proper statutory process and withheld, available remedies depend on standing, the particular records, the exemption asserted and judicial review. Badger says he will evaluate public-records, administrative or judicial options after reviewing any response. This publication does not claim that litigation has already been filed or that a court has found the NDA unlawful.

A broader policy question

Badger also proposes a national review of agreements between private companies and government officials. His stated standard would preserve narrowly defined proprietary, cybersecurity and trade-secret protections while prohibiting contracts from creating secrecy beyond what governing law authorizes. Any federal reform affecting state records would need to respect constitutional limits, federalism and state authority.

This publication reports and explains a candidate’s transparency request. It does not allege that the existence of an NDA is itself illegal, declare that any person committed a crime, or state that every requested record must be disclosed. The applicability of Louisiana public-records exemptions depends on the specific records and circumstances.