By Dana Milbank Washington Post Staff Writer Friday, February 7, 2003; 2:27 PM
The investigative arm of Congress said today that it would not appeal its lawsuit against Vice President Cheney, handing the Bush administration a complete victory in its effort to keep confidential the identities of private groups that provided advice in forming a national energy policy.
The decision is a major retreat for the General Accounting Office, which filed the unprecedented lawsuit after the vice president's office refused to turn over the information sought. GAO recently lost a decision in federal district court, and the shift in control of the Senate to Republican hands meant that the majority party in both chambers opposed the GAO action.
"After thorough review and analysis of the district court's decision in Walker v. Cheney, as well as extensive outreach with congressional leadership and others concerning various policy matters and the potential ramifications of the court's decision, for the reasons outlined below, GAO has decided not to appeal the decision," Comptroller General David Walker said in a statement.
Walker had previously said that a defeat in the case could undermine the GAO's ability to function, because it would encourage other executive agencies not to cooperate. The administration had sought to use the case to redraw the balance of power between Congress and the executive branch after what it perceived as decades of encroaching congressional power.
"Despite GAO's conviction that the district court's decision was incorrect, further pursuit of the NEPDG information would require investment of significant time and resources over several years," Walker wrote. He argued that the "court's decision is confined to the unique circumstances posed by this particular case and does not preclude GAO from filing suit on a different matter involving different facts and circumstances in the future."
A spokeswoman for the vice president was not immediately available for comment.