After two years of delays and having lost two rounds in lower courts, Cheney is about to face the final test in his quest to keep private his records of work on a national energy strategy.
Cheney Secrecy Case Goes to High Court
The executive branch’s argument in this battle is that forced disclosure of confidential records intrudes on a president’s power to get truthful advice. The questions (pdf file) they’re asking the Supreme Court to answer are
Whether the Federal Advisory Committee Act (FACA), 5 U.S.C. App. 1, §§ 1 et seq., can be construed, consistent with the Constitution, principles of separation of powers, and this Court’s decisions governing judicial review of Executive Branch actions, to authorize broad discovery of the process by which the Vice President and other senior advisors gathered information to advise the President on important national policy matters, based solely on an unsupported allegation in a complaint that the advisory group was not constituted as the President expressly directed and the advisory group itself reported.
and
Whether the court of appeals had mandamus or appellate jurisdiction to review the district court’s unprecedented discovery orders in this litigation.
The argument of the groups pressing the matter, Judicial Watch and the Sierra Club, is that the public should be able to see what influence energy industries had in outlining our national energy policy.
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