Court Orders Release of Additional Energy Task Force Documents - Information & Access

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Published: 04/05/2004

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Court Orders Release of Additional Energy Task Force Documents

U.S. District Judge Paul L. Friedman ordered several federal agencies to release documents related to Vice President Cheney's energy task force April 1. The administration previously withheld the documents under the guise that agency employees could claim special confidentially privileges while working for the task force. The court order represents another victory for right to know and government accountability.

The judge ruled that employees from the Department of Interior (DOI) and Department of Energy (DOE) were not part of a deliberative process and were not temporarily employees of the White House. Therefore, they were public employees and the public has a right to know about their actions. The judge ordered that the agencies turn over the documents by June 1, including those of the task force's director, Andrew Lundquist. Lundquist is an employee of the DOE.

The Natural Resources Defense Council and Judicial Watch filed the lawsuit against the government to obtain records from the task force. The White House has consistently resisted releasing records. Vice President Cheney has claimed that executive privilege extends to the energy task force documents. The Justice Department has appealed each court ruling for the release of task force records.

In spite of this resistance, thousands of task force records were released in 2002 under a previous court order. However, the agency employees' records were not included in that disclosure.

For more information on the ongoing court cases, see OMB Watcher articles on the 2002 ruling, a second 2002 ruling, a 2003 court ruling, a GAO report on the task force, and the GAO lawsuit.