Cheney's attorneys trying to prevent VP from testifying in lawsuit

Associated Press - January 25, 2008 9:14 PM ET

DENVER (AP) - Dick Cheney's attorneys want to stop an attempt to force him to testify in a lawsuit where a man claims he was arrested after telling the vice president his policies in Iraq were "disgusting."

Cheney is not a defendant in the lawsuit against five Secret Service agents but attorney David Lane says he's the best eyewitness in his client's case. Cheney's attorneys filed a motion today in federal court opposing Lane's request to subpoena him.

Fifty-5-year-old Steve Howards is suing the secret service agents, claiming they violated his First Amendment right to free speech and his Fourth Amendment protection from unreasonable search and seizure.

Howards says he "lightly touched" Cheney after he delivered the comment in 2006 at a mall in Beaver Creek. The Secret Service agents accused Howards of assaulting Cheney.

A hearing is scheduled for next Wednesday in federal court in Denver on the request for the subpoena.

Howards was never charged with assault and the district attorney dismissed a harassment charge.