Judge Scolds Cheney Lawyers in Energy
Case Appeal Thu
April 17, 2003 02:50 PM ET
By
Susan Cornwell
WASHINGTON (Reuters) - An appeals judge told lawyers for
Vice President Richard Cheney on Thursday they had no basis to
ask the court to intervene in a suit seeking White House
energy policy papers, saying "you have no case."
The three-judge U.S. appellate court panel did not indicate
when it would rule on the Bush administration's request that
it bar a lower court from letting the case proceed.
Appeals Judge Harry Edwards, who dominated the questioning
during oral arguments by lawyers, said the Bush administration
appeared to be arguing, wrongly, that it was immune from
litigation.
"You pretend there is no law on the books. You have no
case," Edwards lectured Justice Department attorney Gregory
Katsas.
Judge David Tatel added the government lawyers had not
shown there would be harm done to the vice president if the
lawsuit, by the private watchdog group Judicial Watch and
environmental group Sierra Club, proceeded in the lower court.
Government lawyers late last year asked the appeals court
to step into the lawsuit, which was filed to seek documents on
the energy task force that Cheney directed in 2001.
The task force produced a policy paper calling for more oil
and gas drilling and a revived nuclear power program.
Environmentalists say they were largely shut out of the
decision-making process, while Cheney was meeting industry
chieftains such as former Enron Corp . executive Ken Lay to
discuss energy policy.
Cheney was the chief executive of energy and construction
company Halliburton Co. from 1995 to 2000.
The administration has asked the appeals court to bar the
lower court's "discovery" order telling the White House to
either produce some task force documents or provide a detailed
list of the documents it was withholding.
The third judge on the appeals panel, Raymond Randolph,
suggested the administration lawyers could have argued that to
comply with the lower court's order to produce some documents
would be tantamount to losing the case.
But Edwards pointed out that the administration had not
made that argument. "You're not arguing that case," he said.
Noting that the administration had made its appeal of the
discovery order in the middle of the lawsuit, before the
federal district court was even finished with the case,
Edwards added, "You want an exception to the normal rules."
U.S. District Court Judge Emmet Sullivan ordered the
administration last October to produce the documents or submit
a detailed explanation of what they were withholding and why.
The administration has handed over some 39,000 pages of
documents in the lawsuit from agencies such as the Energy
Department and the Environmental Protection Agency, but the
White House has not produced any of its task-force papers.
After Thursday's hearing, Judicial Watch's general counsel,
Larry Klayman, predicted the appeals court would rule in the
group's favor, but said even then it could still be months
before the White House produces any of its task force
documents.
In a separate case, the investigative arm of Congress, the
General Accounting Office, said in February it was giving up
its courtroom battle to get records of the energy task force.
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