24/06/04 Supreme Court Refuses to Approve the Immunity from Discovery Sought by Vice President Cheney
  National Security Archive Update, June 24, 2004

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Washington D.C., June 24, 2004 – The United States Supreme Court today remanded to the D.C. Circuit Court of Appeals a case concerning the application of a federal open government law to the Energy Task Force chaired by Vice President Cheney in 2001.

“Although today's decision permits the Vice President to continue to delay release of details about who wrote the nation's energy policy, the Supreme Court refused to accept the radical argument voiced by his lawyers that the Administration is free from any inquiry into how it conducts its affairs,” explained Meredith Fuchs, the Archive's General Counsel.

In 2001, President Bush established an advisory committee on energy policy, and appointed Vice President Cheney chairman of the committee. After the committee made its recommendations, the Sierra Club and Judicial Watch filed suit arguing that that the advisory committee violated the Federal Advisory Committee Act (FACA) and that the committee should release its documents to the public. Vice President Cheney has argued that the committee is not required to disclose who participated in its meetings. The National Security Archive, along with a coalition of organizations, filed an amicus curiae brief in the Supreme Court in support of the Sierra Club and Judicial Watch's position. The joint statement of the coalition is available on the Archive's website.

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