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American Morning

Congress, White House, GAO Heading For Court Showdown

Aired January 31, 2002 - 07:32   ET

THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.

THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
ANDERSON COOPER, CNN ANCHOR: Congress and the White House are heading toward an historic showdown. It is not often that two different branches of the U.S. government end up arguing a dispute in a courtroom. But so far, Vice President Richard Cheney is stonewalling a request from the investigative arm of Congress, the General Accounting Office, for information about who Cheney met with in creating energy, and it may well wind up in court.

The story now from CNN Congressional Correspondent Kate Snow.

(BEGIN VIDEOTAPE)

KATE SNOW, CNN CONGRESSIONAL CORRESPONDENT (voice-over): It probably wasn't what Vice President Cheney wished for on his 61st birthday. The head of the General Accounting Office, the investigative arm of Congress, told congressional leaders he would file suit against the vice president.

In a letter to lawmakers, David Walker cited the collapse of Enron as one reason Congress needs more information about Cheney's energy task force. "All of our attempts to reach a reasoned and reasonable accommodation, including reducing the scope of our request, have been rebuffed," Walker wrote. "The Congress has a right to the information we are seeking."

It's the latest ratcheting up in an investigation initiated by Democrats nearly a year ago.

REP. HENRY WAXMAN (D), CALIFORNIA: I can't understand why the vice president has stonewalled this request.

SNOW: Walker says he has scaled back Congressman Waxman's original request. He told CNN, "We're not after notes, not after minutes of meetings held by Cheney's task force. They just want the basics," he said. "Who did Mr. Cheney meet with? When? Where? And at what cost to taxpayers?"

Legally, the lawsuit would be a first. The GAO has never sued a federal official, and courts have been reluctant to get in the middle.

STAN BRAND, FMR. COUNSEL TO HOUSE OF REPS.: The courts have been reluctant to enter into the fray and referee a fight between the president and the Congress. SNOW: It's unclear what a courtroom fight would come down to, but one central question: Whether the GAO even has the power to ask for the information it is seeking.

MARK TUSHNET, GEORGETOWN UNIVERSITY: The GAO is authorized by statute to investigate various things in the executive branch. The issue here is whether the vice president's energy task force comes under this statutory authorization.

SNOW: The administration says it does not, and argues the search for information is being driven by Democrats politically motivated. What's more, White House aides insist it would be absurd to ask an administration to make public every detail of every closed-door meeting held to discuss policy.

ARI FLEISCHER, WHITE HOUSE SPOKESMAN: The president will stand strong on principle, fighting for his right and the right of all future presidents to receive advice without it being turned into a virtual news release.

SNOW (on camera): Legal experts don't agree on who has the upper hand, but they do agree on one thing. The stakes are so high for both sides, it's quite possible they could resolve this politically outside of court.

Kate Snow, CNN, Capitol Hill.

(END VIDEOTAPE)

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