Former Vice President Dick Cheney may have to testify under oath about an incident involving a man who says he was wrongly arrested for harassing Cheney at a Beaver Creek mall after a federal court today overturned an earlier order.
Steven Howards contends he merely patted Cheney’s arm and told him that he disagreed with the war in Iraq when Cheney made a brief appearance at the outdoor mall in 2006.
Howards sued the U.S. Secret Service agents who arrested him, claiming they violated his civil rights.
A criminal charge of harassment against Howards was dropped by Eagle County prosecutors.
Howards’ attorney, David Lane, deposed the Secret Service agents and said they gave conflicting accounts about the incident.
Lane said the only way to find out why Howards was arrested is to ask Cheney, who was a direct witness to the encounter.
In April, U.S. Magistrate Judge Craig Shaffer denied Lane’s request to depose Cheney, finding that he did not have information relevant enough for a deposition.
Lane appealed the decision.
Today, U.S. District Judge Christine Arguello overturned Shaffer’s decision and will allow Cheney to be served with a subpoena for a deposition.
“The court believes that Mr. Cheney should be deposed because he has relevant testimony that is unavailable from any other source in this case,” Arguello wrote in her opinion.
Felisa Cardona: 303-954-1219 or fcardona@denverpost.com
