To: zonkie who wrote (18587 ) 4/27/2004 5:00:50 PM From: zonkie Respond to of 81568 More news about the most secretive administration in history. I don't think it's news that scalia seemed to support junior though. _______________________ Bush Admin. to Court: Cheney Papers Must Be Secret Tue Apr 27, 2004 02:28 PM ET By James Vicini WASHINGTON (Reuters) - The Bush administration argued at the Supreme Court on Tuesday that records of Vice President Dick Cheney's energy task force should be kept secret to protect the president's ability to get discreet advice when preparing legislation. Cheney, who did not attend the hour-long arguments, is opposing a federal judge's order to produce documents about White House contacts with the energy industry in early 2001 amid charges of secretiveness over this and other issues. "This is a case about the separation of powers," Solicitor General Theodore Olson said. He said disclosure of the records would intrude on the president's power to get opinions from subordinates in making legislative proposals to Congress. Democrats in Congress have accused the Republican administration of lack of openness and accountability, pointing also to its reluctance to turn over some documents to the commission investigating the Sept. 11, 2001, attacks. The Sierra Club environmental group and Judicial Watch, a watchdog group, sued to find out the names and positions of Cheney's task force members and to learn about their contacts with industry executives. They claimed Cheney, the former chief executive of energy and construction company Halliburton Co., drafted a policy that favored the industry at the expense of the environment by consulting business executives. Justice Antonin Scalia, who refused to remove himself from the case even though he went on a duck-hunting trip with Cheney in January, seemed supportive of the government's argument. He repeatedly asked whether outside officials could be considered members of the task force, and thus covered under the federal open-government law at issue, when they did not vote on the various recommendations. Several justices questioned the government's argument that the Supreme Court has jurisdiction over the dispute. "Why should we accept your position on jurisdiction?" Justice David Souter asked Olson. He said the case could go back to a federal judge for an order on what must be turned over, and that the government then could appeal. NIXON WATERGATE TAPES CASE CITED Continued ... reuters.com