Rehnquist questioned on Cheney-Scalia
trip
CNN
Thursday, January 22, 2004
WASHINGTON (CNN) -- Two leading Democratic senators asked
Chief Justice William Rehnquist on Thursday about the propriety
of a hunting trip Supreme Court Justice Antonin Scalia took with
Vice President Dick Cheney while Cheney has a case pending before
the high court.
In a letter to Rehnquist, Sens. Patrick Leahy of Vermont and
Joe Lieberman of Connecticut asked the chief justice to tell them
what "canons, procedures and rules" are in place to determine
when justices should recuse themselves from cases.
They also asked Rehnquist what guidance justices have been
given about accepting trips, and whether the full court has any
way to disqualify a member from hearing a case if a justice
refuses to recuse himself.
"When a sitting judge, poised to hear a case involving a
particular litigant, goes on a vacation with that litigant,
reasonable people will question whether that judge can be a fair
and impartial adjudicator of that man's case or his opponent's
claims," the senators wrote.
"The integrity of our courts and the confidence of the
American people depend on judges acting without fear or
favor."
Leahy is the ranking Democrat on the Senate Judiciary
Committee. Lieberman is the ranking Democrat on the Senate
Governmental Affairs Committee and a 2004 presidential
candidate.
In December, the Supreme Court agreed to hear Cheney's appeal
of a lower court ruling ordering him to disclose details of
meetings between his energy policy task force and contacts in the
energy industry.
The vice president's lawyers contend that information is
protected by executive privilege.
The two groups that brought the suit, Judicial Watch and the
Sierra Club, insist the records should be made public so they can
determine whether lobbyists for the energy industry helped craft
the administration's energy policy.
Earlier this month, Cheney invited Scalia, an old friend, to
accompany him on a hunting trip in Louisiana.
The two also dined together along with Defense Secretary
Donald Rumsfeld at a restaurant on Maryland's Eastern Shore in
November.
In a letter to the Los Angeles Times, which first disclosed
details of the trip, Scalia defended his actions, saying they did
not threaten his impartiality.
He said social contacts between high-level administration
officials and judges "have never been thought improper" in
situations where a judge is considering a case involving actions
an official took in his "official capacity," rather than his
"personal capacity."
Cheney is not personally liable in the task force case and
would not face financial damages if he loses.
The groups involved in the lawsuit question whether the trip
was proper given Cheney's business before the court -- questions
echoed by Lieberman and Leahy in their letter to Rehnquist.
"While judges should not be isolated from the society in which
they live, they must take special care that their extra-judicial
activities do not create a conflict with their judicial duties,"
they wrote.
"Setting aside any evidence of actual bias, the ethical rules
recognize that the perpetuation of an appearance of partiality is
a threat to public confidence in our federal courts."
Members of Congress who have questions about whether actions
they are about to take might violate ethics rules can ask for
advisory opinions in advance.
The senators asked Rehnquist to tell them whether the Supreme
Court has a similar mechanism, and whether Scalia used it before
accepting the trip with Cheney.
© 2004 Cable News Network LP, LLLP.
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