Cheney's office seeks "extraordinary remedy" to prevent deposition of David Addington

[babylonsister]

http://www.citizensforethics.org/node/34446

Cheney's office seeks "extraordinary remedy" to prevent deposition of David Addington

Submitted by crew on 1 October 2008 - 12:05pm. David Addington Dick Cheney Presidential Records Act


Last week, the judge in CREW's lawsuit against Vice President Dick Cheney approved our request to take the depositions of David Addington, Vice President Cheney's chief of staff.

On the eve of that deposition, Vice President Cheney and the other defendants filed an emergency petition for a writ of mandamus with the U.S. Court of Appeals for the D.C. Circuit.

Mandamus is an extraordinary remedy and defendants seek it here to have the D.C. Circuit intrude directly into the district court litigation by demanding that the district court judge vacate her discovery orders. The petition is based on a claim that the discovery authorized by the district court raises serious separation of powers concerns merely because the deponent is David Addington.

Anne Weismann, CREW’s chief counsel, said:

The White House, having failed to convince the Court that it is saving all that the Presidential Records Act required, is now attempting to stop any further fact-finding in order to prevent the plaintiffs, the court and the American people from learning the truth.

[tekisui]

1. Goddamnit 110 days cannot come soon enough!

These criminals have got to GO!
:grr: :grr: :grr:

[jimshoes]

4. It would be nice to send them packing with a few

indictments hanging around their necks.

[dennysp]

10. Bush can't pardon those who haven't been found guilty, right?

Seems like they'd be in a hurry to get it over with, so GW can pardon the lot of them. You know he would!

[katty]

2. of course-cheney is above the law

[tblue]

3. The Dick and Caribou Barbie: Cast from the same mold

And I do mean mold.

[FatDave]

26. OMG! That moldy bread has an image of....

CEILING CAT!

[napi21]

5. What exactly is a Writ of Mandamus? I have heard of it before, but

I have no idea what it really is?

[babylonsister]

7. The definition is in the OP. nt

[napi21]

12. As I read it, all it says is that it's an extraordinory remedy. Remedy

because somebody doesn't like the ruling?

[napi21]

13. For anyone who didn't know what a Writ of Mandamus is, here's wiki

Mandamus
From Wikipedia, the free encyclopedia
Jump to: navigation, search
For other uses, see Mandamus (disambiguation).
A writ of mandamus or simply mandamus, which means "we command" in Latin, is the name of one of the prerogative writs in the common law, and is issued by a superior court (appellate court) to compel a lower court or a government officer to perform mandatory or purely ministerial duties correctly.<1>

Mandamus is a judicial remedy which is in the form of an order from a superior court to any government, subordinate court, corporation or public authority to do or forbear from doing some specific act which that body is obliged under law to do or refrain from doing, as the case may be, and which is in the nature of public duty and in certain cases of a statutory duty.<2> It cannot be issued to compel an authority to do something against statutory provision.

Mandamus may be a command to do something or not to do a particular thing. Mandamus is supplemented by legal rights. It must be a judicially enforceable and legally protected right before one suffering a grievance can ask for a mandamus. A person can be said to be aggrieved only when he is denied a legal right by someone who has a legal duty to do something and abstains from doing it.

http://en.wikipedia.org/wiki/Mandamus

From what I take from that explaination, it sounds like Cheney must be claiming a National Security Risk or Executive Privilege AGAIN!

[jimshoes]

15. Is cheney even a citizen of the United States of America?

He acts like a complete foriegner, like his alliegence belongs somewhere else.

[Virginia Dare]

18. He is the Dark Overlord of Planet Cheney...n/t

[barbtries]

21. if i read it right

the reason they're giving is that the deponent is addington. if they don't have the judge in their pocket they would pretty much have to lose on such a weak ground, i hope.

[napi21]

29. I hope you're right. It IS true, Addington is NOT a govt official, huh? n/t

[OneGrassRoot]

8. Damn, sounds really Illuminati and all. Here is wiki's info:

http://en.wikipedia.org/wiki/Mandamus

[Tangerine LaBamba]

6. Everyone MUST read "Angler"

It's the new biography of Cheney, written by Bart Gellman, who's a Pulitzer Prize-winning journalist. He does a smashing job of tracking Cheney's behavior from Day One as VP.

I just finished it today. All I can tell you is that David Addington is the worst criminal of them all. The guy is pure fucking EVIL!

You gotta read that book, though. It's stunning.

[grasswire]

19. worse than Yoo?

And why hasn't the author of Angler been on the book circuit, where they drop some juicy bits?

Or perhaps all the other news is just crowding him off the TV.

[Tangerine LaBamba]

23. Where have you been?

Bart Gellman was everywhere - including The Daily Show. He got tons of publicity. I can't imagine how you missed him. The day the book came out, it was Number 1 on amazon.com.

Yoo is handled very well in this book.

And, yes, Addington is, in my estimation, much worse than Yoo. Worse than Cheney.

Here's the link: http://www.amazon.com/Angler-Cheney-Presidency-Barton-Gellman/dp/1594201862/ref=pd_bbs_sr_1?ie=UTF8&s=books&qid=1222904973&sr=8-1

[barbtries]

22. thanks for the heads up

i hadn't heard of it. i'll go put it on my wish list right now. :)

[Tangerine LaBamba]

24. Here's the link

It's a real "must-read," along with Greg Mitchell's "So Wrong For So Long."

http://www.amazon.com/Angler-Cheney-Presidency-Barton-Gellman/dp/1594201862/ref=pd_bbs_sr_1?ie=UTF8&s=books&qid=1222904973&sr=8-1

[tannybogus]

9. Addington and Cheney better hope they can work some strings.

I cannot even begin to list the crimes they have committed. Yoo should be thrown in too.

[VP505]

11. I think an old GOP

line with a bit of an update is in order: If you ain't done nothing wrong or illegal and have nothing to hide why would you be seeking an "extraordinary remedy" to not be deposed?

[hlthe2b]

14. Cheney can always shoot him in the face...

:evilgrin:

[Virginia Dare]

17. If I were David Addington, I wouldn't make any plans..

to fly in small airplanes.

[Virginia Dare]

16. Sounds like the "final solution"...

what part of Dick Cheney being above the law do these courts not get...:eyes:

[barbtries]

20. i swear to gawd

they all belong in prison. the world is upside down since gw, and i grieve for it.

[wildbilln864]

25. k&r! nt

[nashville_brook]

27. d e s p e r a t e . hopefully the court isn't as corrupt as Cheney.

[spanone]

28. i want to see addington do time....sadistic, traitorous.