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  • CREW v. Cheney Et Al: Regarding VP Records: 10/5/08 - Order (Document 26)

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    CREW
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    On September 8, 2008, CREW along with two eminent historians and three organizations of historians and archivists filed a complaint against Vice President Cheney, the Office of the Vice President, the archivist and the National Archives and Records Administration (NARA), challenging their exclusion of a vast majority of Vice President Cheney's papers from the Presidential Records Act (PRA) and the obligation to preserve for the American public. In an executive order issued in 2001, President Bush declared that the PRA applied only to the "executive records" of the vice president. Since that time, the vice president has taken the view that he is not part of the executive and is attached, if at all, to the congressional branch. Moreover, the archivist takes the view that the congressional records of a vice president are his personal, not presidential, records that he is free to dispose of at will. As a result of these unlawful policies, without judicial intervention on January 20, 2009, the vast majority of Vice President Cheney's records will not be transferred to NARA for eventual release to the public, but instead will remain under the vice president's custody and control. CREW is also seeking an order mandating preservation of all of the vice president's records pending the lawsuit.

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    On September 8, 2008, CREW along with two eminent historians and three organizations of historians and archivists filed a complaint against Vice President Cheney, the Office of the Vice President, the archivist and the National Archives and Records Administration (NARA), challenging their exclusion of a vast majority of Vice President Cheney's papers from the Presidential Records Act (PRA) and the obligation to preserve for the American public. In an executive order issued in 2001, President Bush declared that the PRA applied only to the "executive records" of the vice president. Since that time, the vice president has taken the view that he is not part of the executive and is attached, if at all, to the congressional branch. Moreover, the archivist takes the view that the congressional records of a vice president are his personal, not presidential, records that he is free to dispose of at will. As a result of these unlawful policies, without judicial intervention on January 20, 2009, the vast majority of Vice President Cheney's records will not be transferred to NARA for eventual release to the public, but instead will remain under the vice president's custody and control. CREW is also seeking an order mandating preservation of all of the vice president's records pending the lawsuit.

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    CREW v. Cheney Et Al: Regarding VP Records: 10/5/08 - Order (Document 26)

    Diunggah oleh

    CREW
    On September 8, 2008, CREW along with two eminent historians and three organizations of historians and archivists filed a complaint against Vice President Cheney, the Office of the Vice President, the archivist and the National Archives and Records Administration (NARA), challenging their exclusion of a vast majority of Vice President Cheney's papers from the Presidential Records Act (PRA) and the obligation to preserve for the American public. In an executive order issued in 2001, President Bush declared that the PRA applied only to the "executive records" of the vice president. Since that time, the vice president has taken the view that he is not part of the executive and is attached, if at all, to the congressional branch. Moreover, the archivist takes the view that the congressional records of a vice president are his personal, not presidential, records that he is free to dispose of at will. As a result of these unlawful policies, without judicial intervention on January 20, 2009, the vast majority of Vice President Cheney's records will not be transferred to NARA for eventual release to the public, but instead will remain under the vice president's custody and control. CREW is also seeking an order mandating preservation of all of the vice president's records pending the lawsuit.

    Hak Cipta:

    Public Domain
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    Case 1:08-cv-01548-CKK Document 26 Filed 10/05/2008 Page 1 of 1

    UNITED STATES DISTRICT COURT


    FOR THE DISTRICT OF COLUMBIA

    CITIZENS FOR RESPONSIBILITY AND


    ETHICS IN WASHINGTON, et al.,

    Plaintiffs, Civil Action No. 08-1548 (CKK)


    v.

    RICHARD B. CHENEY, et al.,

    Defendants.

    ORDER
    (October 5, 2008)

    For the reasons set forth in an accompanying memorandum opinion, it is, this 5th day of

    October, 2008, hereby

    ORDERED that Defendants’ [23] Motion for Stay Pending Petition for Writ of

    Mandamus is DENIED; it is further

    ORDERED that Defendants’ [24] Motion for a Protective Order is GRANTED; it is

    further

    ORDERED that Plaintiffs shall not videotape the two depositions authorized by the

    Court in its September 24, 2008 Discovery Order; and it is further

    ORDERED that the two depositions authorized by the Court shall remain suspended

    pending resolution of Defendants’ Emergency Petition for Writ of Mandamus and Motion for

    Stay Pending Mandamus before the Court of Appeals for the District of Columbia Circuit.

    SO ORDERED.

    /s/
    COLLEEN KOLLAR-KOTELLY
    United States District Judge

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