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White House Energy Task Force And

The Never Ending Futile Litigation


Involved In Attempting To Obtain
Basic Minutes Of Cheney’s Secret
Big-Oil Meeting!
http://news.findlaw.com/legalnews/lit/energytaskforce/

White House Energy Task Force Documents

In Re: Cheney (Docket #03-475)

• Opinion. A federal appeals court rules that plaintiffs "failed to establish any duty...owed
to them by the federal government" to disclose any documents which may have shown what, if
any, communications the White House Energy Task Force had with energy industry lobbyists
and business executives.
• Opinion, (United States Supreme Court) June 24, 2004
o Supreme Court Center Docket: In Re: Cheney
• Justice Scalia's Memorandum (Declining to recuse himself from the case) March 18, 2004
• Motion to Recuse (Sierra Club's motion seeking Justice Scalia's recusal from case) February
23, 2004
• Exhibit 1 to Motion (Los Angeles Time story: Scalia Was Cheney Hunt Trip Guest: Ethics
Concern Grows) February 4, 2004
• Exhibit 2 to Motion (Justice Scalia's Letter To Los Angeles Times Reporter David Savage)
January 16, 2004
• Exhibit 3 to Motion (Editorial cartoons and newspaper editorials)

Congressional Letters to U.S. Supreme Court:

• Letter from U.S. Representatives Waxman and Conyers to U.S. Supreme Court Chief Justice
William Rehnquist (Letter regarding Recusal Procedure) January 30, 2004
• Letter from U.S. Supreme Court Chief Justice William Rehnquist to Senator Leahy on the
Court's recusal policy [PDF version] January 26, 2004
• Letter from U.S. Senators Leahy and Lieberman to U.S. Supreme Court Chief Justice William
Rehnquist (Letter regarding Recusal Procedure) January 22, 2004

Judicial Watch v. Dept. of Energy / Natural Resources Defense Council v. Dept. of Interior

• Memorandum Opinion (March 31, 2004)


Judicial Watch v. NEDPG / Sierra Club v. Cheney:

• Amended Order (Nov. 3, 2002)


• Gov't's Motion for a Stay Pending Appeal (Oct. 21, 2002)
• Order (Oct. 17, 2002)
• Memorandum Opinion (July 11, 2002)
• Complaint for Declaratory and Injunctive Relief (Jan. 25, 2002)

Walker v. Cheney:

• Energy Task Force: Process Used To Develop The National Energy Policy (GAO's
Congressional Audit Of The White House Energy Task Force) (August 2003)
• Memorandum Opinion (Dec. 9, 2002)
• Cheney's final brief (August 26, 2002)
• Plaintiff's Consolidated Reply in Support of Motion for Summary Judgment and Opposition to
Defendant's Motion to Dismiss (July 1, 2002)
• Cheney's brief in support of motion to dismiss (May 21, 2002)
• Cheney's Response to Plaintiff's statement of Material Facts (May 21, 2002)
• Cheney's initial brief in support of motion to dismiss (May 21, 2002)
• Memorandum of Points and Authorities in Support of Plaintiff's Motion for Summary Judgment
(Apr. 11, 2002)
• Complaint for Declaratory and Injunctive Relief (Feb. 22, 2002)
• Chronology of the GAO's Attempts to Obtain Information fron the NEPDG
• Decision of the GAO Comptroller General Concerning NEPDG Litigation (Jan. 30, 2002)
• GAO Comptroller General's request for White House documents and information re: National
Energy Policy Development Group (Aug. 17, 2001)

National Energy Policy:

• White House National Energy Policy Report (May 16, 2001)

Commentary

Edward Lazarus

• Why Justice Scalia Is Wrong To Refuse to Recuse Himself From a Case Involving Dick
Cheney and His Energy Task Force
• Scalia's Refusal to Recuse: Why His Lengthy Explanation Is Completely Unconvincing, And
Why Bush v. Gore Provides Even More Reason to Recuse

John Dean

• A Closer Look At The Case From Which Justice Scalia Has Refused To Recuse Himself: The
Momentous Stakes, and the Larger Political Context
• GAO's Final Energy Task Force Report Reveals that the Vice President Made A False
Statement to Congress
• The General Accounting Office Drops Its Suit Against Vice President Cheney: Given This
Development, What's Next?
• GAO V. Cheney Is Big-Time Stalling: The Vice President Can Win Only If We Have Another
Bush v. Gore -like Ruling

• Some Questions About Enron's Campaign Contributions: Did Enron Successfully Buy
Influence With The Money It Spent?

Web Sites
• White House National Energy Policy

• U.S. House Committee on Government Reform Minority Office


Tuesday, April 27

Richard B. Cheney, Vice President of the United States, et al. v. United States District Court for the
District of Columbia
No. 03-475

Subject:

Federal Advisory Committee Act, Separation of Powers, Judicial Review, Executive Privilege
Questions:

1. 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.

2. Whether the court of appeals had mandamus or appellate jurisdiction to review the district court’s
unprecedented discovery orders in this litigation.

Decisions:

• U.S. District Court - District of Columbia Filed: July 11, 2002 (Dismissing Certain Defendants,
Claims)
• U.S. District Court - District of Columbia Filed: August 2, 2002 (Discovery Order)
• U.S. District Court - District of Columbia Filed: October 17, 2002 (Denial of Protective Order,
Ordering Production of Documents)
• U.S. District Court - District of Columbia Filed: November 3, 2002 (Denial of Motion for Stay
of Proceedings)
• U.S. District Court - District of Columbia Filed: November 26, 2002 (Denial of Request for
Interlocutory Appeal)
• U.S. Court of Appeals - DC Circuit, Filed: July 8, 2003
• United States Supreme Court, Cert. Granted: December 15, 2003
• Memorandum of Justice Scalia Filed: March 18, 2004 (Denying Respondent Sierra Club's
Motion to Recuse)
• United States Supreme Court, Decided: June 24, 2004

Resources:

• Docket Sheet From the U.S. Supreme Court.


• Oral Argument Transcript
• Transcripted Audio of Oral Arguments Before Supreme Court (From the Oyez Project)
You will need RealPlayer to listen to these arguments. Click here to download free RealPlayer
• Northwestern University - Medill School of Journalism: On the Docket

Related Documents:

• White House Energy Task Force Litigation (Collected Documents)


• Letter from U.S. Senators Leahy and Lieberman to U.S. Supreme Cout Chief Justice William
Rehnquist (Letter regarding Recusal Procedure) January 22, 2004
• Letter from U.S. Supreme Court Chief Justice William Rehnquist to Senator Leahy [PDF version]
(Response to Senator Leahy) January 26, 2004