Informant38

The GAO was originally asked to obtain the task force details at the request of Reps. Henry Waxman of California and John Dingell of Michigan, Democrats who suspected private-sector groups heavily influenced the White House energy plan.

The Bush administration refused to supply the information, saying the request undermined the executive's ability to consult confidentially with outsiders about policy matters.

Bates, in his ruling, said the GAO lacked standing because Walker's request had not been endorsed by Congress.

"Such an excursion by the judiciary would be unprecedented and would fly in the face of the restricted role of the federal courts under the Constitution," the judge wrote.

There was no immediate comment on Bates' ruling from either Walker or the White House.

Environmental groups say they were mostly excluded from the closed meetings of the task force, which produced a policy calling for more oil and gas drilling, as well as a revival of nuclear power.

Other such disputes over documents have been settled out of court. Even former President Richard Nixon, who fought other court battles over executive privilege, handed over papers requested by the GAO.
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A federal judge has dismissed a lawsuit from the investigative arm of Congress against Vice President Dick Cheney's energy task force.
The General Accounting Office had wanted the courts to force the Bush administration to reveal details about how its energy policy was formulated and who had taken part. The case was filed by Comptroller General David Walker
U.S. District Court Judge John Bates called the case unprecedented. He says no court has ever before granted what the comptroller general had sought.
Judge Bates said he threw out the suit because it raises serious separation-of-powers issues between the executive and legislative branches of government.
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We, the undersigned citizens of the United States of America, respectfully request that Judge John D. Bates be disqualified from the following civil action now before the Court: Case No. 1:02cv00340 David Walker, Comptroller General of the General Accounting Office v. Vice President Richard B. Cheney. We come before you with this request based upon the following factual data, which we believe disqualifies Judge Bates from hearing this case.

� President Bush appointed Judge John D. Bates.
� Judge Bates contributed $1000 to the Bush campaign in 2000.
� Judge John D. Bates served two (2) years as a Deputy for the Office
Of Independent Counsel under Kenneth W. Starr involving highly controversial, intrinsically biased, and politically partisan investigations during the Clinton Administration; investigations that continue to surface in current discourse and continue to divide our Nation.
� Additionally, many concerns have been raised in the National Media regarding the objectivity of such a partisan as Judge Bates.