Justice Dept. Moves to Block Access to Records

The Bush adinistration went to court Tuesday to block an attempt by a public-interest law firm to obtain records of Vice President Dick Cheney’s energy task force.

In a filing required by a federal district judge here, the Justice Department argued that Judicial Watch, a conservative watchdog group, is not entitled to details of the task force’s inner workings.

Judicial Watch sued the administration after the White House rebuffed its efforts to learn the number of meetings held by the task force, as well as the dates, locations, times and subject matter of each session. The group also is seeking any notes or minutes from those gatherings.

In soliciting the White House response, U.S. District Judge Emmet G. Sullivan asked the administration to explain how a “limited discovery” during the pretrial phase of the case would violate the Constitution.

A hearing on the case is scheduled for Tuesday.

In its reply, the Justice Department said on the Bush administration’s behalf that it is “unnecessary” for the court to weigh any constitutional issues because Cheney’s task force does not fall under the purview of the Federal Advisory Committee Act, a law that defines the circumstances under which meetings are subject to open-meeting laws. It requires open meetings and records for any presidential advisory group that includes members from outside the government.

Although the task force met with many non-government officials, including environmental groups and industry executives, the Justice Department contends that the panel consisted exclusively of senior government officials and was chaired by Cheney--and thus not subject to the advisory committee act.

And even if the law were applicable, the department argued, the time allowed for discovery proceedings has passed, since the task force disbanded Sept. 30.

The department also said Judicial Watch’s second basis for demanding the records--under the Freedom of Information Act--does not apply since records of the vice president are officially exempted from the act.

But Tom Fitton, president of Judicial Watch, noted that the Justice Department’s brief did not address the constitutional question posed by Sullivan, and he said the department’s brief is “in violation of the court’s order.”

Unlike a similar lawsuit being prepared by the General Accounting Office, the investigative arm of Congress, the Judicial Watch case does not raise questions over the balance of power between the legislative and executive branches of government. In resisting the GAO’s attempts to obtain task force information, the White House has said such information, if released, would hamper the president’s ability to obtain unvarnished expert advice.

The Enron Corp. controversy has become linked to the fight for the task force records because the now-bankrupt company’s then-chairman, Kenneth L. Lay, a personal friend of President Bush, is the only energy executive known to have met with Cheney during the plan’s development.

In addition to Judicial Watch’s lawsuit and the GAO’s impending action, the Natural Resources Defense Council has filed a lawsuit against the Department of Energy over the same matter. A hearing is scheduled for Friday in federal court here.