WASHINGTON (AP) -- A federal judge on Saturday ordered Dick Cheney to preserve 
a wide range of the records from his time as vice president.
 

 


Dick Cheney and the Bush administration were sued to ensure that presidential 
records are not destroyed.
 
The decision by U.S. District Judge Colleen Kollar-Kotelly is a setback for the 
Bush administration in its effort to promote a narrow definition of materials 
that must be safeguarded under by the Presidential Records Act.
 
The Bush administration's legal position "heightens the court's concern" that 
some records may not be preserved, said the judge.
 
A private group, Citizens for Responsibility and Ethics in Washington, is suing 
Cheney and the Executive Office of the President in an effort to ensure that no 
presidential records are destroyed or handled in a way that makes them 
unavailable to the public.
 
In a 22-page opinion, the judge revealed that in recent days, lawyers for the 
Bush administration balked at a proposed agreement between the two sides on how 
to proceed with the case.
 
Cheney and the other defendants in the case "were only willing to agree to a 
preservation order that tracked their narrowed interpretation" of the 
Presidential Records Act, wrote Kollar-Kotelly. 

Don't Miss

Read the opinion (PDF) 
Read the order (PDF) 
The administration, said the judge, wanted any court order on what records are 
at issue in the case to cover only the office of the vice president, not Cheney 
or the other defendants in the lawsuit. 
 
The other defendants are the Executive Office of the President and the National 
Archives.
The lawsuit stems from Cheney's position that his office is not part of the 
executive branch of government.
 
This summer, Cheney chief of staff David Addington told Congress that the vice 
president belongs to neither the executive nor legislative branch of government 
but rather is attached by the Constitution to Congress. The vice president 
presides over the Senate. 
 
The lawsuit alleges that the Bush administration's actions over the past 7½ 
years raise questions over whether the White House will turn over records 
created by Cheney and his staff to the National Archives in January.
 
In 2003, Cheney asserted that the office of the vice president is not an entity 
within the executive branch.
 
http://www.cnn.com/2008/POLITICS/09/20/cheney.lawsuit.ap/index.html
 
Two historians and three groups of historians and archivists joined CREW in 
filing the suit two weeks ago. 


      

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