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  

[FreedominJesusChrist]

Lobbyists do not constitute as Dick Cheney's own personal staff, they are lobbyists, not employees of the government!

[Vladiator]

FYI - For 50 years, the answer has been a resounding "no," but who knows what Scalia and Co. will do with this one.

[free me]

The legislative branch has not requested any info from Cheney, rather it is the GAO.

[YaYa123]

I don't know why the White House would fight this...."The Energy Department and other federal agencies are subject to the Freedom of Information Act, while the White House is not."

If information is supposed to be available because of the Freedom of Information Act, I don't like the Energy Dept trying to fight it. Quite another thing though, when it's Henry Waxman trying to get information he's not entitled to, from the President or Vice President.

[FreedominJesusChrist]

If the GAO is ever accused of serious ethical lapses and corruption. I assume that Dan Burton's Government Reform Committee would come in and complete an investigation.

[FreedominJesusChrist]

The GAO is part of the legislative branch. It is an investigative arm of Congress.

[caisson71]

Another bad ruling by a federal judge based not on law but on politics. No wonder the Democraps are holding up judicial appointments. Liberal judges making political rulings is the only way they can move their agenda forward.

[ConsistentLibertarian]

So you claim (1) the USSC has already ruled that the Federal Advisory Committee Act is constitutional; and (2) under that act, people can deliberate in private with their staff and that's all confidential but if a public servant meets with a paid industry lobbyist, that has to be disclosed to the public. I'm can't believe it's that straightforward. Why has no one mentioned this before? Are you sure?

[FreedominJesusChrist]

Bush and Cheney should of course not be impeached for this. But it would be in their best interest to just release these documents. Honestly, I don't think that once these documents are released, that it will be that big of a deal. But a law is a law and as citizens to whom the government is accountable to, we expect them to follow the law also.

[Ragtime Cowgirl]

I thought our top guys brought in energy experts from different energy companies to discuss energy policy. The Dems., it would seem, would rather we listen to "those experts on everything" - themselves. Daschle's doing that right now. He is bringing an energy bill to the floor, without outside experts to consult or come to the Senate floor to instruct the members. Daschle is bringing a complex bill to the floor with information no layman can pretend to understand without serious consideration and consultation in front of the Senate in one irresponsible (and criminal, IMHO) act of partisan politics.

Of course Cheney met with CEO's and energy experts. We should all hope our top executives are doing just that when considering our energy needs. Since when is a CEO considered a lobbyist? We have seen our President and his staff under press scrutiny, falsely accused, slandered, betrayed by the left/press during wartime while we are still focused on a tremendously difficult fight locating and rounding up the terrorists. I have no sympathy for the games the left is playing on Capitol Hill, in the press, Hollywood and courtrooms across America. While they turn their jaundiced eyes on those doing the tough work, while they're ignoring Bush's win and fantasizing, fundraising and campaigning for 2004, while we're still buying billions in Saudi and Iraqi oil so militant Muslims can train more people to destroy Christians and the West...our press, our Senate leader, our Democrat-majority civil servants, Senate and courts in DC can no longer be trusted.

[ConsistentLibertarian]

"Bush and Cheney should [...] not be impeached for this. [...] But a law is a law". Can you reconcile those two thoughts? I thought the idea was that Clinton should be impeached because he broke the law. Now you're telling me Buch and Cheney are breaking the law. You're not a relativist are you?

[1rudeboy]

LOL. Well, for starters, you could let the courts figure it out, and then do what the final court says. Easy enough for you? Grounds for impeachment? LOL

[FreedominJesusChrist]

Bill Clinton lied under oath, which either constituted for a high crime or midemeanor. This was enough for the House to impeach him. Dick Cheney, although wrong, is not lying here, he just doesn't want his deliberation with special interests to be disclosed to the public. In law as well as with sin, there are different consequences for one's actions.

[Principled]

It would be fun to watch this unfold as a set up. When the docs show absolutely nothing, Cheney says "I told you I just wanted candid advice. Now lay off."

[freekitty]

How come the Klinny Toons always got a free ride and they never had to disclose much of anything?

[free me]

The U.S. General Accounting Office (GAO) is an independent, nonpartisan agency that works for Congress. GAO is often called the "congressional watchdog" because it investigates how the federal government spends taxpayer dollars.
The GAO works for congress and has no authority to make it's request of Cheney.
Of course the case which is the topic of this thread has nothing to do with Cheney or the GAO. I agree with the judges decision to enforce a reasonable timetable on the production of documents.

[FreedominJesusChrist]

Because few people are trying to bring them to justice. Groups such as Judicial Watch can only represent people detrimented by the Clinton Administration and file civil suits for monetary damages. The only people that can file actual criminal charges against Bill Clinton are federal or state prosecutors, such as our Justice Department. Unfortunately, they seem to being doing nothing fast. People complain about Klayman alot, but at least he is doing all that he possibly and realistically can.

[toddst]

"DC Judges are all Liberals....this will be appealled all the way to Supreme court."

I have no dount whatever this is exactly what will happen. The adults are back. Haven't these people gotten the message yet?

[ConsistentLibertarian]

"Bill Clinton lied under oath, which either constituted for a high crime or midemeanor." What's a violation of the Federal Advisory Committee Act?

[FreedominJesusChrist]

Because of the Federal Advisory Act, they can request this of Cheney and they can file suit against him also, even if it is a civil suit.