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Appeals court issues stay of DOI shutdown order
Thursday, March 25, 2004
The D.C. Circuit Court of Appeals on Wednesday issued a stay on the information technology preliminary injunction at the Department of Interior.
U.S. District Judge Royce Lamberth ordered the shutdown last week in response to concerns over security vulnerabilities. He endured criticism from the Bush administration, which accused him of overstepping his bounds. Yesterday, Rep. Barbara Cubin, a Republican from Wyoming, wrote him a letter to urge a reconnect.
The injunction marked the third time Lamberth has acted to protect billions of dollars in Indian trust funds. The Bush administration's appeal of his second injunction, issued in July 2003, is pending.
In response to the stay, Sen. Tom Daschle (D-S.D.) issued a statement saying he was "pleased [that] today's decision restores badly needed Internet access to BIA schools. Still, it is essential that we address the underlying problems that led to the shutdown. The Interior Department has not met its responsibility to secure Indian Trust Accounts. Critical information regarding these accounts must be safeguarded, and I urge Secretary Norton to act quickly to ensure that trust account holders' interests are protected so that no judge finds it necessary to shut down the Department's Internet service a fourth time."
Get the Story:
Court allows Interior computers to go online; Trust account information at heart of recent trouble
(The Billings Gazette 3/25)
Skeptical appeals court lets Interior computers back online (AP 3/25)
Agency will restore Internet access (The Sioux Falls Argus Leader 3/25)
Relevant Documents:
Cubin Letter to Judge Lamberth (March 24, 2004)
Relevant Documents:
Daschle
Letter on Internet Shutdown (March 19, 2004)
Court Decisions:
Memorandum
Opinion |
Preliminary
Injunction
GAO Report:
Departmental
Leadership Crucial to Success of Investment Reforms at Interior (September
2003)
Relevant Links:
Indian Trust: Cobell v. Norton -
http://www.indiantrust.comCobell
v. Norton, Department of Justice -
http://www.usdoj.gov/civil/cases/cobell/index.htmIndian
Trust, Department of Interior -
http://www.doi.gov/indiantrust
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