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G.A.O. Seeks to End Secrecy Surrounding Cheney's Energy Task Force
By Don Van Natta Jr.
New York Times
Friday, 27 September, 2002
WASHINGTON, Sept. 27 -- Lawyers for the General Accounting Office and Vice President Dick Cheney clashed today before a federal judge over which branch's claim is paramount -- the executive power to keep records confidential or the legislative right to investigate how public money is spent.
For the first time in the 81-year history of the agency, the comptroller general of the United States went to Federal court today to ask a judge to order a member of the executive branch to turn over records to Congress.
Lawyers for David M. Walker, the comptroller general and head of the General Accounting Office, and for the vice president argued over whether a federal judge can force Mr. Cheney to reveal the identities of industry executives who helped the administration develop a national energy policy last year.
Judge John D. Bates, who was appointed to the federal district court in December 2001 by President Bush, did not decide the case from the bench today. A decision is not expected for at least several weeks. After that, whichever side loses is expected to appeal.
The politically charged lawsuit, entitled Walker v. Cheney, raises important constitutional questions, including whether the vice president can ignore a request for information from the G.A.O. without the President's decision to exercise executive privilege.
Carter G. Phillips, a lawyer for the G.A.O. and a partner in the Washington law firm of Sidley Austin Brown & Wood, argued that if Judge Bates sided with the administration, the decision would have a "devastating" effect on "the G.A.O.'s ability to do its job."
"It would have an extraordinarily sweeping effect and would significantly halt the Congress's use of the General Accounting Office to conduct nonpartisan investigations," Mr. Phillips told Judge Bates.
Mr. Phillips argued that a 22-year-old law allows the comptroller general to "investigate all matters related to the receipt, disbursement and use of public money." The law also gives the comptroller general the right to obtain all "information the comptroller requires about the duties, powers, activities, organization and financial transactions" of the agency under investigation.
Paul Clement, the principal deputy solicitor general who represents Mr. Cheney, told the judge that the G.A.O. lacks the legal standing to bring the case against the vice president. Mr. Clement also argued that the law cited by Mr. Phillips does not give the G.A.O. the authority to conduct an investigation of the vice president.
"No court that I'm aware of has ever ordered the executive branch to turn over a document to a Congressional agent," Mr. Clement said. "This is unprecedented."
Mr. Clement was joined at the Government's defense table by Solicitor General Theodore Olson, who does not usually attend arguments at the district court level. Indeed, Mr. Cheney was originally going to be represented by the Justice Department's civil division. Mr. Olson's role demonstrates the importance of the case to both Mr. Cheney and President Bush, who have said that disclosure of the information would hamper the executive branch's ability to solicit the advice of outside experts.
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