From Reuters: July 9 2003
U.S. court denies Cheney appeal on energy papers
09 July 2003
By Susan Cornwell, Reuters
WASHINGTON — Saying the White House is not immune from legal proceedings, a U.S. appeals court Tuesday rejected Vice President Dick Cheney's request that it block a lawsuit seeking papers from his energy task force.
By a ruling of 2-1, the appeals panel said the White House must comply with an order from U.S. District Court Judge Emmet Sullivan last October to produce the energy documents or give a detailed explanation of what was withheld and why.
Cheney's Justice Department lawyers had argued that the White House should not be forced to consider invoking executive privilege for the documents, claiming the request for them from environmental and watchdog groups was "unnecessarily broad."
But the appeals court said it could not intervene in the lower court in mid-case, adding that for it to grant what the Bush administration was asking would have meant transforming executive privilege into "virtual immunity from suit." Judge Sullivan could always narrow the request for documents and review privately any documents for which privilege is claimed, the appeals court added.
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More:
http://www.enn.com/news/2003-07-09/s_6354.asp