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 For Immediate Release
Apr 5, 2004 Contact: Press Office
202-646-5188


SUPREME COURT ALLOWS ‘DIVIDED’ ARGUMENTS IN CHENEY CASE

Judicial Watch, Sierra Club Each To Present Points


(Washington, D.C.) The U.S. Supreme Court today decided to allow both Judicial Watch and the Sierra Club to present separate arguments in a lawsuit against the Cheney energy task force. Usually, the court hears arguments from only one attorney for plaintiffs and one for defendants.

The high court granted a motion for a divided argument filed March 26, 2004, by Judicial Watch, the public interest group that investigates and prosecutes government corruption. Judicial Watch and the Sierra Club filed separate lawsuits against the National Energy Policy Development Group after they requested and were denied access to meetings and records of the task force, which was run under the auspices of the Office of the Vice President. Their suits were consolidated, but the groups filed separate briefs in the case. The groups agreed to divide equally the time allotted by the court for oral arguments, which are set for April 27.

“We’re extremely pleased that the Supreme Court will allow both Judicial Watch and the Sierra Club to present their arguments separately in the case against the energy task force,” said Judicial Watch President Tom Fitton. “Both organizations now will be able to make important points to the Supreme Court about the Bush administration’s unprecedented assertion of executive branch supremacy.”

Judicial Watch asked that it and the Sierra Club be allowed to present separate arguments because each will make unique arguments and speak to issues not argued or addressed by the other. Judicial Watch, in its brief, for example, counters the plaintiff’s argument that the Federal Advisory Committee Act (“opening meetings” law) is unconstitutional; the Sierra Club argues that the court should not even consider the merits of the plaintiff’s constitutionality argument.

The Bush administration refuses to divulge the workings of the energy task force and asserts that the courts and Congress have no authority to seek information from Mr. Cheney – or any other administration official – about contacts with outside individuals alleged to have participated in the task force meetings, such as former Enron chief Kenneth Lay.

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Judicial Watch is a non-partisan, educational foundation organized under Section 501(c)(3) of the Internal Revenue code. Judicial Watch is dedicated to fighting government and judicial corruption and promoting a return to ethics and morality in our nation's public life.


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