Supreme Court to release audio tapes from terror, Cheney cases
From Bill Mears
CNN Washington Bureau
WASHINGTON (CNN) -- The Supreme Court will release audio tapes of its oral arguments to be broadcast immediately after their conclusion in three coming terrorism-related cases and in a separate appeal involving Vice President Cheney.
The unusual arrangement announced this week will allow the public to quickly hear all or parts of the legal arguments in cases testing the power of the executive branch.
CNN was among the news organizations requesting the same-day release.
The first cases deal with whether federal courts have jurisdiction to intervene in the detention of non-U.S. soldiers and terror suspects held in near-secret U.S. custody on the naval base at Guantanamo Bay, Cuba. (Full story)
Oral arguments for the detention cases will be heard at 10 a.m. ET April 20.
The following week, the justices will hear an unrelated appeal from Cheney in an executive privilege case involving his refusal to turn over documents related to an energy policy task force he headed in 2001. (Full story)
Arguments in the Cheney case are scheduled for 10 a.m. ET on April 27.
The justices will decide whether separation of powers gives the executive branch the right to refuse to disclose internal government discussions and information. A lawsuit claims Cheney made improper contacts with energy industry lobbyists when developing government policy.
On April 28 the court will hear back-to-back appeals in perhaps the most important cases to be argued this term: testing whether two American citizens and "enemy combatants" held in the United States under military custody can challenge their detention and defend themselves in open court. The legal challenge of Yaser Hamdi will be heard at 10 a.m., followed by that of Jose Padilla. (Hamdi case background) (Padilla case background)
The court previously has allowed audio tapes to be released the same day on only four occasions: in the two appeals from the disputed 2000 election recount; last year during oral arguments over affirmative action in college admissions; and a few months later on a case dealing with the sweeping campaign finance law.
Oral arguments are normally recorded but are not easily or quickly accessible. The court traditionally waits until the end of its term before releasing the tapes. Currently, gaining access to most older cases requires traveling in person to a federal warehouse in Maryland. It can be a complicated, expensive process, and generally, only legal scholars bother with it.
Reporters and the general public are not allowed to use cameras and tape recorders in the courtroom.
Digital recording of oral arguments and bench rulings began for the first time last fall.
