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Constitutional Law Keyed to Choper
Cheney v. United States District Court
Citation:
542 U.S. 367 (2004)Facts
Shortly after taking office in 2001, President Bush established the National Energy Policy Development Group (NEPDG), chaired by Vice President Cheney, to develop national energy policy. The President appointed only federal government officials as formal members, though the Vice President was authorized to invite other federal officers as appropriate. After the NEPDG issued its final report and terminated operations, Judicial Watch and Sierra Club filed suit alleging that non-federal employees, including private lobbyists, regularly attended and fully participated in non-public NEPDG meetings, making them de facto members and thus subjecting the group to FACA’s disclosure requirements. The District Court allowed broad discovery to determine the NEPDG’s structure and membership. The Government sought mandamus relief, arguing that the discovery orders threatened the separation of powers and the confidentiality of executive communications. The Court of Appeals denied mandamus, holding that the Government must first assert executive privilege with particularity before mandamus could be considered.
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