White House Staff Ordered to Retain Energy Records
Sat Feb 16, 8:28 PM ET
By Chris Baltimore

WASHINGTON (Reuters) - A White House lawyer on Saturday instructed Bush administration officials to retain all documents related to its energy task force, complying with a U.S. judge's recent order amid criticism that the group was heavily influenced by Enron Corp.


"In accord with the court's direction, I am requesting your assistance in preserving all records of your agency or office related to the (National Energy Policy Development Group)," said a letter signed by White House Counsel Alberto Gonzales, which cited a Justice Department (news - web sites) request made late on Friday.

U.S. District Judge Emmet Sullivan, overseeing public interest law firm Judicial Watch's lawsuit seeking task force details, on Tuesday ordered the White House to take such action.

The White House task force headed by Vice President Dick Cheney (news - web sites) produced a policy issued last May that called for more oil and gas drilling, deregulated wholesale electricity markets and increased emphasis on nuclear power.

The General Accounting Office (news - web sites), the investigative arm of Congress, announced this week its intention to file a lawsuit seeking energy task force records, setting up a possible constitutional clash between the executive and legislative branches.

The White House has acknowledged that representatives of now-bankrupt energy trading giant Enron were among industry experts the task force met with last year.

Once the seventh-biggest U.S. corporation, Enron is now the target of about a dozen congressional and agency investigations over accounting and possible criminal negligence.

ELECTRONIC RECORDS

Documents earmarked for retention include "all documents, in any medium, including electronic records ... computer records and storage devices, notes and memoranda" related to the policy group, the letter said. Judicial Watch's request applies to all documents originating after Jan. 1, 1999.

The White House has acknowledged that Cheney or members of the task force met six times last year with Enron representatives.

The Judicial Watch lawsuit alleges that since outsiders had access to the task force, it falls under U.S. law governing federal advisory committees and therefore must publicly disclose its activities.

Government lawyers counter that the task force does not fall under the law because it was composed only of federal employees. They say releasing details of task force meetings last year would put a chill on future presidential deliberation.

They also said the case should be dismissed because the only defendant named in the case, the task force itself, has been dissolved.

As part of its own criminal probe of Enron's collapse, the Justice Department on Feb. 1 asked the White House to hold onto documents dealing with Enron.