On September 20, 2008, In a 22-page opinion, the judge revealed that in recent days, lawyers for the Bush administration balked at a proposed agreement between the two sides on how to proceed with the case.

Cheney and the other defendants in the case "were only willing to agree to a preservation order that tracked their narrowed interpretation" of the Presidential Records Act, wrote Kollar-Kotelly.

Two historians and three groups of historians and archivists joined CREW in filing the suit two weeks ago.

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On October 1, 2007, Judge Kollar-Kotelly reversed George W. Bush on archive secrecy in a 38-page ruling, which said that the U.S. Archivist's reliance on the executive order to delay release of the papers of former presidents is "arbitrary, capricious, an abuse of discretion and not in accordance with law."^[3] The National Security Archive at George Washington University alleged that the Bush order severely slowed or prevented the release of historic presidential papers.^[4]

- http://en.wikipedia.org/wiki/Judge_Kollar-Kotelly