GAO Strikes Out; Sierra Club at Bat

The GAO failed, but "Judicial Watch, a conservative watchdog group, and the Sierra Club, a large environmental organization", may be more successful. Here's the gist:

From the Aug. 31, 2003 editions of the Milwaukee Journal Sentinel

In what may well be its last word on the matter, the General Accounting Office issued a report the other day on its battle with Vice President Dick Cheney - or, more accurately, an after-action report, since the GAO already had capitulated. But fortunately, others are still fighting for what we believe is a worthy objective: the release by the vice president's office of basic information on the energy task force Cheney headed two years ago. Cheney won against the GAO. Now he should declare victory and make the task force information public in the interests of open government.

The GAO's dispute with Cheney dates to the Bush administration's earliest days and the task force created in late January 2001 to shape a new energy policy. In little more than three months, the Cheney group met with many people - more of them energy industry executives than environmentalists. That was hardly a surprise, given the administration's ties to the industry. What did come as a surprise was Cheney's refusal to provide the GAO, which is the investigative arm of Congress, with the names of those the task force interviewed, the general topics discussed and the costs associated with the process. The vice president argued that providing such information would jeopardize the executive branch's ability to consult candidly with non-government advisers. The GAO and many members of Congress believed - correctly, in our view - that the public has a right to know who is advising the government on a key policy issue. After all, such information could prove important in the public's assessment of that policy. To end the standoff, the GAO went to court for the first time in its 81-year history. But a federal judge tossed out the case, saying the courts may not have the power to rule on document disputes between the other two branches of government. The GAO chose not to appeal.

What little the GAO was able to glean is contained in last week's report, which describes the task force operation as "a centralized, top-down" process. The vice president's counsel has asserted in a letter to Congress that the task force met with a "broad representation" of people. But according to the GAO, the task force "met with, solicited input from or received information and advice from non-federal energy stakeholders, principally petroleum, coal, nuclear, natural gas and electricity industry representatives and lobbyists."

Judicial Watch, a conservative watchdog group, and the Sierra Club, a large environmental organization, have joined in a legal action that seeks the same information the GAO sought. Last month, an appeals court panel suggested that this political odd couple may have legal standing. The case is now with the full appeals court. The Bush administration is famously secretive, and appropriately so in situations that might genuinely imperil national security. But what's wanted here is pretty basic - and still useful, since Congress has yet to enact an energy bill.

Note to self: THis is NOT a government of, by and for the people, but of, by and for big business and the top 1% income bracket. Canada and New Zealand: You're looking better every day.