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Cheney visitor logs subject to FOIA
The Reporters Committee for Freedom of the Press ^ | 10-23-06

Posted on 10/24/2006 9:16:48 AM PDT by STARWISE

A federal judge in Washington, D.C., has ordered the Secret Service to produce – or at least identify – two years of log entries of visitors to Vice President Dick Cheney's White House office and residence by the end of this week.

U.S. District Judge Ricardo M. Urbina also ordered the release of visitor logs for 12 of Cheney's senior staff members, including former aide I. Lewis "Scooter" Libby, who was indicted on multiple charges related to the investigation into the identification of former undercover CIA operative Valerie Plame.

In a 25-page written opinion, Urbina granted a preliminary injunction Thursday directing the government to process a Freedom of Information Act request made by The Washington Post more than four months ago.

The newspaper had asked for the Secret Service to "expedite its processing" of the request based on an urgent need to inform the public about "'the degree to which lobbyists and special interest representatives may have influenced policy decisions of the Bush administration' and the ongoing CIA-leak case investigation" prior to midterm elections.

"[Urbina's decision] establishes a very important precedent supporting the news media's ability to quickly obtain information under FOIA when the circumstances justifying expedited processing can be established," said David Sobel, the Post's attorney for this case.

Injunctions have often been used by judges in FOIA cases to block the release of records while an issue is under review by the court. But in this case, the court used an injunction to order the Secret Service to immediately begin responding to the newspaper's public information request.

"The ability of requesters to obtain preliminary injunctions is critical to making the right to expedited processing truly effective," Sobel said.

Department of Justice attorneys defending the case on behalf of the Secret Service had argued in court pleadings that the logs, which are electronic and handwritten notations of the entries and exits of all visitors, were in the exclusive custody and control of the Office of the Vice President, and therefore not subject to the federal FOIA.

Urbina disagreed, finding that the logs were created or obtained and then controlled by the Secret Service so that they should be considered "agency records" releasable under FOIA.

The judge still left the door open for the government to object to the release of individual records based on recognized exemptions within FOIA. However, any objections to the disclosure of information must include a detailed document index, along with a written justification for withholding the documents, according to the court's order.

Phone calls to the Secret Service and to attorneys from the Department of Justice were not returned.

(The Washington Post v. Department of Homeland Security, Media Counsel: David Sobel, Electronic Frontier Foundation, Washington, D.C.) -- LC (Reporters Committee Staff Bio

Loren Cochran, FOI Service Center Director

Loren comes to the Reporters Committee from the other Washington . . . Washington State. He was a trial attorney with the Seattle-Tacoma law firm of Gordon Thomas Honeywell Malanca Peterson & Daheim, with experience in access litigation and defamation.

Prior to his law career, Loren worked as an investigative and special projects producer at television stations in Seattle, Tampa and Boston. His work in broadcast news produced two Emmy awards. Loren earned his law degree from the Boston College Law School and is a Phi Beta Kappa graduate of the University of Washington, where he majored in political science in communications.)


TOPICS: Front Page News; Government; News/Current Events
KEYWORDS: cheney; foia; scooter; visitorlogs
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Another example of how vital the choice of JUDGES is ... which, among so many other critical matters, also rides on the coattails of our votes.

Judge URBINA ...

appointed to the US District Court in 1994.

Gee, who was PRESIDENT IN 1994??

1 posted on 10/24/2006 9:16:48 AM PDT by STARWISE
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To: onyx; Howlin; Txsleuth; Mo1; Peach; kcvl; Lancey Howard; Enchante; nopardons; ravingnutter; ...
P I N G !
2 posted on 10/24/2006 9:18:37 AM PDT by STARWISE (They (Rats) think of this WOT as Bush's war, not America's war-RichardMiniter, respected OBL author)
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To: STARWISE

This will be overturned shortly.

LLS


3 posted on 10/24/2006 9:18:43 AM PDT by LibLieSlayer (Preserve America... kill terrorists... destroy dims!)
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To: STARWISE

Here come da judge...


4 posted on 10/24/2006 9:23:39 AM PDT by Jeff Chandler (Peace begins in the womb.)
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To: LibLieSlayer
"This will be overturned shortly. "

Yep. Just like the other half dozen times it's been tried.

'Executive privilege' has it's..ummm...privilege...
5 posted on 10/24/2006 9:24:07 AM PDT by Bigh4u2 (Denial is the first requirement to be a liberal)
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To: LibLieSlayer; All
We'll see .... just noticed: his residence, too???
6 posted on 10/24/2006 9:24:21 AM PDT by STARWISE (They (Rats) think of this WOT as Bush's war, not America's war-RichardMiniter, respected OBL author)
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To: STARWISE

So who is this fishing expedition looking for, specifically?


7 posted on 10/24/2006 9:24:42 AM PDT by TommyDale (Iran President Ahmadinejad is shorter than Tom Daschle!)
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To: STARWISE
This is decided law. The appellate court will overturn and the SCOTUS will refuse to hear the case.

LLS
8 posted on 10/24/2006 9:25:51 AM PDT by LibLieSlayer (Preserve America... kill terrorists... destroy dims!)
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To: Bigh4u2

:-)

LLS


9 posted on 10/24/2006 9:26:15 AM PDT by LibLieSlayer (Preserve America... kill terrorists... destroy dims!)
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To: TommyDale

Anybody that can drag down Cheney and/or Bush.


10 posted on 10/24/2006 9:30:13 AM PDT by eyespysomething (Thou art only mark'd for hot vengeance and the rod of heaven.)
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To: eyespysomething

We cried foul when Al Gore had the heads of the network news bureaus over to his residence to discuss how they should cover the election and the roar from the left was "it's his house".


11 posted on 10/24/2006 9:33:52 AM PDT by massgopguy (I owe everything to George Bailey)
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To: STARWISE
It would seem to me that in order to fully protect yourself if you were a public office holder, it would be necessary to have a lawyer as your secretary / accountant / press secretary, etc.

That way, any attempt to get to your private records would have to first breach the attorney client privilege.
12 posted on 10/24/2006 9:34:08 AM PDT by taxcontrol
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To: STARWISE

His RESIDENCE?????? They want to see who went to Cheney's HOUSE???? This Judge looks like a HUGE DOOFUS!


13 posted on 10/24/2006 9:36:35 AM PDT by Suzy Quzy
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To: STARWISE

Oh, I've seen this scumbag Urbina before.
I'll check Google for his recent mischief.


14 posted on 10/24/2006 9:37:10 AM PDT by Lancey Howard
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This is nothign more than another anti-Christian maneuver- They want the records to see how many Christian groups vissitted Cheney & President Bush to 'evaluate the influence of Christian Special interest groups' in other words, they want evidence that President Bush might actually think Christian interests are worth listening to- they'll accuse President Bush and Cheney of favouring Christians and of incorporating Christian ethics into government over secular interests. This is nothing more than an attempt to gather ammo against Christians and President Bush!

Read more at sacredscoop.com ...

15 posted on 10/24/2006 9:38:39 AM PDT by CottShop (http://sacredscoop.com)
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To: STARWISE
"...including former aide I. Lewis 'Scooter' Libby, who was indicted on multiple charges related to the investigation into the identification of former undercover CIA operative Valerie Plame."

I hate reruns.

16 posted on 10/24/2006 9:41:28 AM PDT by cake_crumb (One presidential visit to Baghdad is worth 1000 pathetic declarations of defeat from the left)
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To: STARWISE
Judge Blocks Ex-Prober From Giving Oil-for-Food Docs to Congress

WASHINGTON — A federal judge blocked a former investigator from giving Congress documents from the probe into the U.N. Oil-for-Food scandal Monday, granting the United Nations a victory in its effort to keep material from the investigation from making its way into U.S. lawmakers' hands.

Urbina likes to pick and choose what documents investigators should get. This clown apparently just loves to pick winners and losers. Can you say "shameless hypocrisy"? I knew you could.

17 posted on 10/24/2006 9:42:37 AM PDT by Lancey Howard
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To: Lancey Howard

Oh, protecting UN documents is a "right" but the Vice President does not have the same right? It's too bad the sheeples don't see the hypocrisy of Democrat judicial appointments! Good find Lancey!


18 posted on 10/24/2006 9:47:54 AM PDT by lexington minuteman 1775
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To: STARWISE
Here's more:

U.S. JUDGE SETS PRECEDENT FOR UNITED NATIONS SOVEREIGNTY OVER AMERICA

This Urbina is a real gem.

19 posted on 10/24/2006 9:48:42 AM PDT by Lancey Howard
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To: STARWISE
Here's more:

U.S. JUDGE SETS PRECEDENT FOR UNITED NATIONS SOVEREIGNTY OVER AMERICA

This Urbina is a real gem.

20 posted on 10/24/2006 9:48:42 AM PDT by Lancey Howard
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