Scribd Logo
Upload

Welcome to Scribd!

  • Cheney Fights Info Release Docs Gao Lawsuit

    Uploaded by

    Guy Razer
    9 views25 pages

    Original Title

    cheney fights info release docs gao lawsuit

    Copyright

    © Attribution Non-Commercial (BY-NC)

    Available Formats

    PDF or read online from Scribd

    Did you find this document useful?

    Is this content inappropriate?

    Report this Document

    Copyright:

    Attribution Non-Commercial (BY-NC)
    Download as PDF or read online from Scribd
    Flag for inappropriate content
    9 views25 pages

    Cheney Fights Info Release Docs Gao Lawsuit

    Uploaded by

    Guy Razer

    Copyright:

    Attribution Non-Commercial (BY-NC)
    Download as PDF or read online from Scribd
    Flag for inappropriate content
    of 25
    FindLaw INTHE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA DAVID M. WALKER, CCompuollee General ofthe United States General Accounting Office 41 G Steet, NW. Washington, D.C. 20548, Plaincitt, . cwmtasionno. 1? 0 Qey00340 RICHARD B, CHENEY, Vise President ofthe United States end Char, Natal Energy Pley Development Group Otte of te Vice Presiden eahower Executive Office Bung Washingon, D.C. 2080, Defendant. COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF. Plaintiff Comptroller General ofthe United States Comptroller General”) brings this action for declaratory and injunctive relief and in support of hs claims alleges as follows: | NATURE OF THE CASE 1. This isan action arising under 31 U.S.C. §§ 712, 716, and 717 andthe Declaratory Judgment Act, 28 U.S.C. §§ 2201and 2202, agsinst defendant, Richard B. Cheney, for access to certain records relating othe composition and activities of the National Energy Policy Development Group (‘NEPDG"). Defendant is sued in his oficial capacity asthe Vice resident ofthe United States and asthe official who served a the Chair ofthe NEPDG. FindLaw 2. The Comptroller General is the head of the General Accounting Office ("GAO"), «legislative agency created to assist Congress inthe performance of its constitutional responsibilities, including the enactment of legislation and oversight of the executive branch. In ‘May 2001, GAO initiated an investigation and evaluation ofthe atvities ofthe NEPDG, «task fore charged with gthering information and formulating energy policy recommendation for the President. GAO intlly quested information concerning, among other things, the composition ofthe tas fre; the persons with whom te Vee Presiden, nhs capacity as Chair ofthe NEPDG, and the NEPDG suppor staff met; the notes and minutes of any such meetings; andthe costs ncured by the NEPDG in developing its policy recommendations. GAO sought such information to determine how the NEPDG's energy policy recommendations were developed, inorder to aid Congres in considering proposed legislation, assessing the ned for and merits of future legislative changes, and conducting oversight ofthe executive branch's administration of existing laws. | 3, Through the spring and summer of 2001, GAO engaged in extensive attempts to reach an agretment withthe Vice Presidents office on GAO's information equests ina good faith efor to fulfil its statutory responsibilities in a manner that accommodated the Vice President's asserted need to protect executive deliberations. Although GAO was entitled wo al of ‘the informaticn that it intially requested, it significantly narrowed te scope of ts inquiry in “order to accommodate the Vice President's concerns, In particular, GAO voluntarily eliminated its request for minutes or notes of meetings that NEPDG support staff and the Vice President held and for information that was presented at these meetings. Despite its efforts to reach a t | reasonable accommodation, GAO has been denied access to information it has a statutory right Berause the partis have been unable to resolve this dispute the Comptroller General, inorder to fulfil his statutory responsibilities, hereby brings this action for declaratory and injunctive relief, ‘THE PARTIES 4. Plaintiff David M. Walker isthe Comptroller General ofthe United States and ‘head of the General Accounting Office. See 31 U.S.C. § 702, Defendant Richard B. Cheney is the Viee President ofthe United States and served the Chair ofthe NEPDG by virtue of his authority, under a Presidential Memerandum dated January 29,200, to “ead the development ofa national energy policy” by the NEPDG; to * preside at meetings ofthe [NEPDGT"; nd to “rect the NEPDG's] work” Memorandum of the President othe Vice President and others (Jan. 29, 2001) (Exhibit A) at 1-2 JURISDICTION AND VENUE, 6. _Turisdicton in this Cour is proper under 28 U.S.C. § 1331 in thatan actual ‘controversy arising under 31 U.S.C. §§ 712, 716, and 717 exists between the parties relating to the parties’ respective rights, duties, and obligations under thse statutes. 7. Venue is propor inthis Court under 31 U.S.C. § 716(b)(2) and 28 U.S.C. §1391@), (GENERAL ALLEGATIONS ‘The Statutory Authority of GAO and The Comptroller General 8, GAO isan agency in the legislative branch ofthe federal government. Congress created GAO and the office ofthe Comptroller General inthe Budget and Accounting Act of 1921. As «mended since 1921, GAO's principal authorities and mandates today are set forth at 31 USCC. §§ 701 et seq. the key provisions at issue inthis litigation are sections 712, 716, and m1. 9, Section 712 of title 31 broadly authorizes GAO to investigate all matters relating to the use of public funds, Section 712 provides in pertinent pat that “[tJhe Comptroller General shall - (1) investigate all matters related to the receipt, disbursement, and use of public money.” SIUSC. §712(1), 10. Section 717 of tle 31 also confers broad authority on GAO to evaluate federal ‘government programs and activities. Section 717(b) provides in pertinent pat: “The Comptroller General shall evaluate the results of a program or activity the Government cases out under existing law ~ (1) on the initiative ofthe Comptroller Genera; [or] (G) when a committee of Congress with jurisdiction over the ‘program or activity requests the evaluation.” 31 USC. §71706\), @)- 1, To ensure that GAO is able to obtain the information necessary to discharge its

    You might also like