Thursday, June 24, 2004

Reuters: Top Court Won't Make Cheney Energy Papers Public

"The U.S. Supreme Court refused on Thursday to require Vice President Dick Cheney to disclose the records of the controversial energy task force he headed in early 2001.
The justices set aside a ruling that Cheney must comply with a federal judge's order to produce the internal White House documents or give a detailed explanation of what was withheld and why.
The Bush administration has been criticized by Democratic lawmakers for excessive secrecy concerning the energy task force and other instances.
The Supreme Court case received widespread attention when Justice Antonin Scalia went on a duck-hunting trip with Cheney in January and then refused to remove himself from the case. He maintained his impartiality could not be questioned.
The high court's 7-2 ruling on Thursday sent the case back to a U.S. appeals court for more hearings on the government's arguments.
"We note only that all courts should be mindful of the burdens imposed on the executive branch in any future proceedings," Justice Anthony Kennedy wrote for the majority in the 21-page opinion.
Kennedy said the appeals court was wrong in concluding it lacked authority to give relief to the government because the government could protect its rights by asserting executive privilege to keep the documents secrets when the case went back to the judge.
Scalia was among the justices in the majority. He joined a separate opinion written by Justice Clarence Thomas that would go further than the majority and order the federal judge to rule for the government."

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