JW Earns Big Victory for Open Government!
Court Rules in Favor of JW in Energy Task Force Case


Citing the Bush Administration for a "problematic and unprecedented assertion… of executive power," Judge Emmet Sullivan rendered an historic decision in JW’s case against Vice President Cheney’s Energy Task Force. As a result of this ruling, the discovery process can now begin bringing with it the very real possibility that Judicial Watch will depose the Vice President himself.

"We are pleased the Court turned back this attempt to prevent the American people from gaining access to information about the operations of government," said JW Chairman Larry Klayman. "Let the discovery begin!"

At issue is information pertaining to a special task force created by the Vice President for the purpose of developing the Administration¹s energy policy. Much like Hillary Clinton did with her Healthcare Task Force in the early 1990s, the Vice President held meetings with outsiders behind closed doors, which is a clear violation of the law. The Federal Advisory Committee Act requires that such meetings be open to the public.

"At stake in this case is nothing less than the size and scope and power of the federal government," continued Klayman. "We should all rejoice that the Court ruled in favor of the American people." The Administration, for its part, argued vehemently that it is the right of the executive branch to receive confidential advice from special interest groups under any circumstances. Judicial Watch, on the other hand, believes that open government is honest government and that such meetings should be subject to public scrutiny.

Fortunately, the judge agreed. Ruling in favor of the Administration’s position, Judge Sullivan maintained, "would eviscerate the understanding of checks and balances between the three branches of government on which our constitutional order depends."

In addition to chastising the Administration for its expansive view of executive privilege, the Judge also lambasted Justice Department lawyers for "a consistent pattern of misconstruing precedent." Lawyers representing the Task Force had mischaracterized the minority opinion of a Supreme Court case and other case law as well.

Judicial Watch was forced to file suit when the Administration failed to turn over documents pertaining to the Task Force. As a result of Judicial Watch’s legal actions, thousands of pages of documents have already been released into the public domain. Some, however, have been withheld. During initial discovery, JW will obtain information regarding the identities of Task Force participants, procedures and the Vice President¹s role in the proceedings.






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