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Thu 17 Apr, 2003 07:25 pm
Judges Question Bid to Stop Cheney Suit
By PETE YOST, Associated Press Writer
WASHINGTON - The Bush administration ran into strong opposition in a federal appeals court Thursday as government lawyers tried to stop a lawsuit delving into Vice President Dick Cheney's contacts with energy industry executives and lobbyists.
Appeals judges Harry Edwards and David Tatel suggested the White House had no legal basis for asking them to block a lower court judge from letting the case proceed.
"You have no authority" to ask the appeals court to intervene, Edwards told a government attorney during arguments. He added later, "You have no case."
The man has nothing BUT things to hide, it would seem. I sometimes wonder what will unravel once the man leaves office...
Followup re federal appeals court re Cheney lawsuit
Posted on Thu, Apr. 17, 2003
San Jose Mercury News
Judges question Bush administration's attempt to block lawsuit against Cheney
WASHINGTON (AP) - The Bush administration ran into strong opposition in federal appeals court Thursday as government lawyers tried to stop a lawsuit delving into Vice President Dick Cheney's contacts with energy industry executives and lobbyists.
Appeals judges Harry Edwards and David Tatel suggested the White House had no legal basis for asking them to block a lower court judge from letting the case proceed.
``You have no authority'' to ask the appeals court to intervene, Edwards told a government attorney during arguments. He added later, ``You have no case.''
The appeals judges gave no indication when they would issue a ruling. The Bush administration has taken the unusual step of coming to the appeals court in the midst of the case.
Federal agencies have disclosed 39,000 pages of internal documents related to the work of Cheney's energy task force, but the Cheney task force itself has produced nothing, claiming the need for confidential advice to the president from his top advisers.
U.S. District Judge Emmet Sullivan has ruled that the Sierra Club and Judicial Watch may be entitled to a limited amount of information about the meetings that Cheney and his aides had with the energy industry in formulating the White House's energy plan.
The plan, adopted four months after President Bush took office, favored opening up public lands to oil and gas drilling and a wide range of other steps backed by industry.
The task force has acknowledged that one of the executives it met with was former Enron Corp. chairman Kenneth Lay.
Edwards, a Carter-era appointee, and Tatel, an appointee of President Clinton, said the administration has failed to show that it is suffering legal harm at the hands of the lower court.
The third member of the panel, Appeals Judge A. Raymond Randolph, expressed doubt that the Cheney task force is required under the law to disclose information about its inner workings. However, Randolph, an appointee of Bush's father, questioned whether the administration should be seeking appeals court intervention.
Tatel and Edwards pressed the government on why it hadn't sought to narrow the scope of information requests rather than simply trying to block them altogether.
The government's position is that the current record in the case is sufficient.
The Bush administration says it has demonstrated that the makeup of the Cheney task force was limited to government officials. But the groups that are suing allege that participants from industry effectively became members of Cheney's task force in assembling the White House's energy policy.