Vice President Dick Cheney may be ordered to answer questions about a 2006 encounter he had at a Beaver Creek mall with a citizen who told him that he disagreed with the Iraq war.

Steven Howards, who was arrested for allegedly assaulting Cheney after voicing his objections, asked U.S. Magistrate Judge Craig Shaffer today to order Cheney to undergo a deposition about the exchange.

Howards, who contends he merely patted Cheney’s arm when he made the anti-war statement, is suing the Secret Service agents who arrested him for violating his civil rights.

A criminal charge of harassment against Howards was dropped by Eagle County prosecutors.

Shaffer did not rule on Howards’ motion but hinted he was leaning toward allowing Cheney to be deposed because he was a direct witness.

James Gilligan, an attorney for the vice president, argued that deposing Cheney would distract from his official duties and that there were other witnesses who could testify instead.

He also argued that allowing a vice president to be deposed in this case may open the door for other high-ranking government officials to be forced to testify.

Shaffer said that Cheney is “uniquely positioned relative to the events in question,” and the judge seemed to dismiss the argument that Cheney didn’t have time to leave his official duties for a deposition.

“You’re telling me a two-hour deposition would distract the vice president?” Shaffer asked Gilligan.

Shaffer also said that a deposition could be conducted privately with a court reporter reading a series of questions to Cheney and that a spectacle could be avoided.

Howards’ attorney, David Lane, said he would like the opportunity to cross-examine Cheney because he wants to ask whether it is possible that the Secret Service agents changed their stories about the encounter under pressure from the vice president.

In videotaped depositions taken last year, U.S. Secret Service agents who witnessed the encounter between Howards and Cheney gave conflicting accounts of what occurred, Lane said.

“They are accusing one another under oath of filing false reports,” Lane said.

Also today, Shaffer declined to release the videotape of the agents and White House employee depositions for security and privacy reasons.

Lane said he plans to appeal Shaffer’s ruling regarding the release of the deposition videotapes because he believes the public has a right to see them.

Felisa Cardona: 303-954-1219 or fcardona@denverpost.com