(Washington, D.C.) Judicial Watch, the public interest group that investigates and prosecutes government corruption, announced today that the full U.S. Court of Appeals for the District of Columbia Circuit – all judges of the circuit presiding – will consider its lawsuit against Vice President Cheney regarding secret records from his controversial Energy Task Force.  Oral arguments in the case are set for January 27, 2005.

The U.S. Supreme Court in June sent the case back to the D.C. Circuit, asking it to consider crafting a more narrow discovery order and to hear arguments it had previously refused to consider relating to the constitutionality of the Federal Advisory Committee Act (FACA), or “open meetings” law, under which Judicial Watch filed its lawsuit.  The government had argued that Judicial Watch’s lawsuit to obtain information concerning the identities of the National Energy Policy Development Group (Energy Task Force) participants and other information violated the constitutional separation-of-powers doctrine. 

Judicial Watch brought its lawsuit in 2001 after being denied access to task force meetings and documents.  The suit was filed following a number of reports that lobbyists and energy company officials participated in the task force’s deliberations.  The participation of private individuals at task force meetings triggers FACA.

Also at issue before the unusual en banc panel of the Court of Appeals – usually, three judges preside – will be the continuing validity of a 1993 court decision concerning the public’s right to information from Hillary Clinton’s Health Care Task Force.  The D.C. Circuit  ruled that the make-up of that task force put it under FACA.  The Bush administration contends that any meeting of any task force member or staff with any lobbyist or corporate CEO – such as Enron’s Ken Lay – should be immune from public and congressional scrutiny.

“I look forward to the Court of Appeals considering this important case, which at its heart is about the public’s right to know how its government conducts the people’s business,” said Judicial Watch President Tom Fitton.  “I hope, whether it be in a Bush administration or a Kerry administration, we finally will be able to break the wall of secrecy surrounding the Energy Task Force.”