Man continues Cheney quest
Vail, CO Colorado
DENVER, Colorado ” A man suing the Secret Service because he said he was arrested and accused of assaulting Dick Cheney has renewed his attempt to subpoena the vice president to tell a judge what happened.
“Cheney is the best eyewitness to the case,” said attorney David Lane, who is representing Steven Howards in his lawsuit against the Secret Service.
Howards claims agents wrongfully arrested him at Beaver Creek in June 2006 because he walked up to Cheney and told him his policies in Iraq were “disgusting.”
Howards said he approached Cheney while he was shaking hands and posing pictures in a mall.
Cheney was attending a conference at the time in Beaver Creek, about two hours west of Denver.
Cheney spokeswoman Lea Foster said Tuesday she can’t comment on pending litigation.
Lane said Cheney opposes the subpoena, but that hasn’t discouraged Lane.
“I feel confident the vice president will be deposed,” Lane said.
Cheney’s attorneys have 20 days to respond to the latest motion, which was filed Monday in federal court.
Howards said he “lightly touched” Cheney on the arm after making his Iraq comment and left.
But Howards said a Secret Service agent later questioned him and handcuffed him, telling him he would be charged with assaulting the vice president.
Howards was released and no charges were ever filed.
Howards said in his 2006 lawsuit that his First Amendment right to free speech and his Fourth Amendment protection from unreasonable search and seizure were violated.
His lawsuit seeks an unspecified monetary amount.
A federal judge ruled against Howards’ motion to subpoena Cheney in April.
But Lane said they were allowed to renew their request if they could prove they have tried to obtain additional information from other people, such as the Secret Service agents, who have already given depositions.
Lane said they have “exhausted” their resources in trying to find out what happened leading up to Howards’ arrest and that Cheney remains the best source of information.
Lane has said in court filings there is a “shocking lack of consistency” among eyewitnesses, including the Secret Service agents.
Lane said he wants to know whether Cheney told the Secret Service to arrest Howards, an environmental consultant.