Judge orders release of Cheney task force records, criticizes Energy Department

Associated Press / SFGate

[RCW2001]

Judge orders release of Cheney task force records, criticizes Energy Department
PETE YOST, Associated Press Writer
Wednesday, February 27, 2002
©2002 Associated Press

URL: http://www.sfgate.com/cgi-bin/article.cgi?f=/news/archive/2002/02/27/national1804EST0818.DTL

(02-27) 15:04 PST WASHINGTON (AP) --

A federal judge on Wednesday ordered the Energy Department to release thousands of records on Vice President Dick Cheney's energy task force, criticizing the government for moving at "a glacial pace."

The ruling by U.S. District Judge Gladys Kessler could undermine the Bush administration's effort to keep secret the names of industry executives and lobbyists who met with the White House as it formulated its energy plan last spring.

The General Accounting Office and a conservative group, Judicial Watch, have filed separate lawsuits trying to force the White House to turn over the material.

Starting March 25, the Energy Department must turn over its documents to the Natural Resources Defense Council, an environmental group. It must complete the task by April 10.

The department had asked to release the material in stages, beginning March 15 and ending May 15. The environmental group first asked for the documents last April 26 and sued the government in December.

The Energy Department and other federal agencies are subject to the Freedom of Information Act, while the White House is not.

"I don't know that it's possible for certain to tell what the documents will reveal, but obviously the DOE stonewalled us for almost a year and they presumably had a reason to do that," said Rob Perks, a spokesman for the environmental group.

The government says 7,500 pages on Cheney's task force are responsive to the NRDC's request. The department will continue to withhold many documents and will issue a list of them along with the legal reasons they are being kept secret.

"There can be little question that the Department of Energy has been woefully tardy" in processing the nonprofit group's request, wrote Kessler.

"After making a virtually meaningless release of some form letters back in May of 2001, the department has done little of substance -- apart from collecting and organizing responsive documents," the judge added. "What is even more distressing is that" there were at least 11 other requests for the same documents.

The government has no legal justification "for working at a glacial pace."

NRDC attorney Sharon Buccino praised the ruling, saying "the court has protected the public's fundamental right to know what its government is doing."

In a statement, the environmental group expressed confidence that with the court victory in hand, the NRDC "expects to make public -- for the first time since the task force was formed more than a year ago -- the names of participants, dates of meetings, and the topics discussed.

"That information will expose which energy companies or industry lobbyists influenced the work DOE staff did on the Bush-Cheney energy plan," said the environmental group's statement.

©2002 Associated Press  

[deport]

Yep same judge......

[d14truth]

National Resources Defense Council

"We work to foster the fundamental right of all people to have a voice in decisions that affect their environment. We seek to break down the pattern of disproportionate environmental burdens borne by people of color and others who face social or economic inequities. Ultimately, NRDC strives to help create a new way of life for humankind, one that can be sustained indefinitely without fouling or depleting the resources that support all life on Earth."
*****
Enviro-whackos. I hope they don't forget to look at the Clinton/Gore DOE papers they 'accidentally' get.

[mrsmith]

"The ruling by U.S. District Judge Gladys Kessler could undermine the Bush administration's effort to keep secret the names of industry executives and lobbyists who met with the White House as it formulated its energy plan last spring."

Now, if Pete Yost wasn't the best DNC-owned reporter in the AP, he'd say there was no undermining of Cheney because:
" ...The Energy Department and other federal agencies are subject to the Freedom of Information Act, while the White House is not. "

Pete Yost_{TM DNC}

[VA Advogado]

This administration needs to seize judicial watch's nonprofit status, PRONTO.

[ConsistentLibertarian]

"the Energy Department must turn over its documents to [...] an environmental group. It must complete the task by April 10. The department had asked to release the material in stages, [...] ending May 15." It sounds like the only issue before the court was the _timing_ of the release. There's nothing here about the DOE contesting their obligation under the Freedom of Information Act.

[ConsistentLibertarian]

"obviously the DOE stonewalled us for almost a year and they presumably had a reason to do that". It will be interesting to see whether the Bush-Cheney position looks principled to swing voters after the information is made public.

[ConsistentLibertarian]

"The Supreme Court will go a minimum of 5-4 for the President." On the application of the Freedom of Information Act to the Department of Energy? Interesting. And it's a prediction we can test against the facts, too. Best kind. Will you promise to post a thread and let us know whether you were right or whether you were wrong?

[d14truth]

"The Constitution gives the federal government no authority to regulate or control energy or the resources to produce energy."

No, but, "We, the People" did, with the formation of the Department of Energy, the Department of Commerce, the Department of Education, etc.

Freedom lost or given up is not easily regained. Ask anyone who gets into a position of power over others if they will give it back.

[Stultis]

"I don't know that it's possible for certain to tell what the documents will reveal, but obviously the DOE stonewalled us for almost a year and they presumably had a reason to do that," said Rob Perks, a spokesman for the [National Resources Defense Council].

Gee, I dunno, Rob. Maybe it's just that they hoped your organization might contribute to the process of policy formulation, rather than criminalizing it in the interest of ideological obstructionism.

Have you and the Dims come up with your own energy policy yet?

Didn't think so.

[Stultis]

Funny how all these cases get sent her way...

Ain't exactly a mystery. She and two other lib judges determine case assignments for the district.

We really need to get Dubya's appointees in there!

[ConsistentLibertarian]

I once heard someone argue that Jefferson beleived the Constitution gave him no power to buy Louisianna.

[AAABEST]

You really live in the alternate universe, don't you?

LMAO

[FreedominJesusChrist]

The executive branch of government can seek the advice of whomever they wish, but you are wrong in saying that the legislative branch has no authority whatsoever to demand to ever see these records. The fact is, is that it actually depends on whom they are consulting for advice. The vice-president has the ability to claim executive privilege for deliberations on policy with his own staff, but he cannot legally, under the Federal Advisory Committee Act, claim executive privilege for his contacts with private lobbyists. The U.S. Supreme Court has already upheld the Federal Advisory Committee Act as constitutionally sound.

It is true that Dick Cheney met with many “big player” energy executives and not just Enron executives but that is not the issue or the point of conflict at hand. Dick Cheney is allowed to meet with whomever he wishes to in seeking advise for formulating an energy policy. The issue at hand here, is whether or not he can legally keep these deliberations with outside parties’ secret. Because of the Federal Advisory Committee Act, he cannot. The facts of this case are the similar to that of Hillary Clinton’s Health Care Task Force, which was created in 1993 for forming a socialist health care policy. The Association of American Physicians and Surgeons filed a request using the Federal Advisory Committee Act to obtain documents concerning the meetings and deliberations of Hillary’s Health Care Task Force, which also included outside lobbying contacts. The Clinton White House denied this Association’s request, so they filed suit. The Court ruled in favor of the Physicians Association and Hillary Clinton had to release these documents; not long afterward her plan to reform the health care system of America failed. Judicial Watch and the GAO are filing their cases through the same court system. Dick Cheney may believe that he is immune to the Federal Advisory Committee Act, but he is not. The law is the law regardless of whether one is Hillary Clinton or Dick Cheney.

Without the discovery of the energy task force documents being released to the public, we will never know for sure how much Enron influenced the Bush Administration's energy policy. An forthcoming and open government tends to be very an honest and the best thing for the Bush Administration to do, is to just release these documents, because they won’t win in court and they can’t dodge the law. I would like to believe that they are better than that and hopefully better than the behavior that has characterized the Clinton era.

[d14truth]

By the way, NRDC and Judicial Watch both want this information to institute lawsuits in which we, the taxpayer, will foot the bill. (Just in case someone was thinking this was being done out of a 'concern' for the truth.)

[lepton]

"What is even more distressing is that" there were at least 11 other requests for the same documents.

How is that even remotely relevant? ..And it's "more distressing".

[F.J. Mitchell]

Damn!, your Judgeshippiness. Could we first have the names and occupations of those who aided and abetted Hillary in her attempt to socialize medicine in the United States. We have been waiting nine years and we don't even know the name of the White House Intern who pacified President "Slick The Eager", while Hillary labored in her unconstitutional role, with unknown conspirators of the Medical profession.

Seriously though,folks, just who would the liberals have our President and his Vice President consult with about an energy policy? Those with expertise in the energy field, or conspire with nameless, faceless phantoms as the Clinton Crone did?

[ThomasPaine2000]

Can someone find out how many times this socialist DNC toady has been over turned on appeals???????

[Recovering_Democrat]

THIS
is why we
CANNOT
RELY
upon the Supreme Court to scuttle
CFR!!!

Mr. Cheney, please appeal this ruling!

[FreedominJesusChrist]

You are missing the point, see my above reply.