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The judge on Monday overturned a federal magistrate who had denied a motion to subpoena Cheney.
Steven Howards was arrested in June 2006. He says he walked up to Cheney in Beaver Creek and told him his Iraq policy was "disgusting."
Agents called the incident an assault and a harassment charge was later dropped. Howards filed suit, alleging the arrest was in retaliation for disagreeing with Cheney and a violation of his constitutional rights to free speech and protection from unreasonable search and seizure.
Howards filed suit, alleging the arrest was in retaliation for disagreeing with Cheney and a violation of his constitutional rights to free speech and protection from unreasonable search and seizure.