Vice President Exempts His Office from Protecting Classified Info ("not in exec branch")

[Hissyspit]

Source: The Gavel

Oversight Committee on the Vice President and Classified Information
June 21st, 2007 by Jesse Lee
From the Oversight and Government Reform Committee:

Vice President Exempts His Office from the Requirements for Protecting Classified Information

Washington, D.C. — The Oversight Committee has learned that over the objections of the National Archives, Vice President Cheney exempted his office from the presidential order that establishes government-wide procedures for safeguarding classified national security information. The Vice President asserts that his office is not an “entity within the executive branch.”

As described in a letter from Chairman Waxman to the Vice President, the National Archives protested the Vice President’s position in letters written in June 2006 and August 2006. When these letters were ignored, the National Archives wrote to Attorney General Alberto Gonzales in January 2007 to seek a resolution of the impasse. The Vice President’s staff responded by seeking to abolish the agency within the Archives that is responsible for implementing the President’s executive order.

In his letter to the Vice President, Chairman Waxman writes: “I question both the legality and wisdom of your actions. … (I)t would appear particularly irresponsible to give an office with your history of security breaches an exemption from the safeguards that apply to all other executive branch officials.”

* Letter from National Archives to the Attorney General (pdf)
* Second Letter from National Archives to the Vice President’s Office (pdf)
* First Letter from National Archives to the Vice President’s Office (pdf)
* Fact Sheet on the Vice President’s Efforts to Avoid Oversight and Accountability (pdf)

CLICK LINK ABOVE FOR PDFs


Read more: http://www.speaker.gov/blog/?p=507

---

MORE HERE:

http://thinkprogress.org/2007/06/21/cheney-records/

http://www.imgred.com/

- snip -

The Office of the Vice President has asserted that it is not an “entity within the executive branch” and hence is not subject to presidential executive orders. Waxman writes, “To my knowledge, this was the first time in the nearly 30-year history of the Information Security Oversight Office that a request for access to conduct a security inspection was denied by a White House office.”

To resolve the matter, the ISOO wrote Cheney’s chief of staff David Addington on two separate occasions in summer 2006, disputing the claims made by Cheney’s office and requesting that the Justice Department’s Office of Legal Counsel settle the matter. Cheney’s office ignored both letters. Finally, in January 2007, the ISOO directly asked Attorney General Alberto Gonzales to resolve whether the executive order applies to Cheney’s office.

In response, Cheney’s office has retaliated. It has requested changes in the executive order that would abolish the ISOO and eliminate the ability of the National Archives to appeal disputes to the Attorney General.

[PDJane]

1. It's time.

Impeachment could move quickly, and should. These men are a danger.

[Hobarticus]

5. I used to think it'd be a waste of time...

By the time impachment proceedings got moving, it'd be well into the last year of the administration, and besides, Congress has a lot of work to do to countermand and reverse the damage done.

But now, even if it happened in the eleventh hour of the regime, it'd be worth it. Get these bastards out of there, even if only a day short of a full second term.

[lonestarnot]

20. I so fucking agree!

[calimary]

41. So do I.

BTW, note the part in the OP that details how cheney's office retailated, trying to relieve the National Archives of its ability to pursue this.

This confirms the pattern that these bastards follow. They feel affronted, so they go for the balls of the person (like Joe Wilson) or entity (National Archives) that sought the truth.

DAMN I would SO like to see him in a war crimes tribunal - dressed either in orange or black and white horizontal stripes. And there's no expiration date on that, either, for me anyway. If these criminals are still slithering freely when the next president takes office (assuming they haven't fucked with the next election or suspended it altogether), I'd like to see it pursued AFTER that. I'd like to see it pursued - PERIOD.

[superconnected]

35. Do you know of a congress person who will vote for impeachment?

I figure pelosi will donate money to his defense fund.

Maybe some republicans will vote to impeach. Good luck finding a dem with a spine. The only ones I can find are right here.

I guess we should all run for congress because who else is going to do what we see as so obviously needs to be done. Nobody on that hill that I've seen yet.

[wordpix]

43. there are a few but you're right, WE should run. I ran once & lost.

Oh, well, it was a state rep position and I couldn't have lived on the puny salary but it would have been a great job for someone who's not afraid to impeach criminals in high positions.

[wordpix]

42. Bill of Impeachment, that's my candidate

[Nightflyer32]

47. How can he say that with a straight face?

He considers himself not to be part of the executive branch. If Bush stubbed his toe tomorrow and died from the resulting brain hemorrhage (we are talking Bush here) Cheney would be President. So how the hell can he consider himself not a part of the executive?

Maybe he's been spending too much time with Georgey Jr, because I can't imagine any other reason for him to think the country is stupid enough to buy that horsehit excuse.

[DrDan]

2. so how much classified material has been leaked to

defense contractors, energy providers, and . . .

HALLIBURTON

[BOSSHOG]

3. If a young Sailor left a classified document on his desk

while he went to lunch he'd be court martialed. But we are talking conservative values relative to cheney.

If Clinton told the truth, nothing would have happened.
If libby told the truth, cheney would be in jail.

Ah, members of the party of integrity and responsibility make their insane base so proud.

[Captain Hilts]

6. Yep, I remember the causes of "security violations" at State Pier, New London. nt

[hootinholler]

24. I've been giged for not flipping the sign to closed after locking a container...

HR 333. Call Conyers today, ask when it will be debated in committee.

-Hoot

[BOSSHOG]

25. I started out as gigee and grew into a giger

[Kagemusha]

4. In my non-expert legal opinion, this claim is total BS.

The vice-president is clearly a member of the executive branch.

[Hissyspit]

7. As babylonsister pointed out in another thread, "so much for executive privilege, then!"

But it is BS. Just so much contrariness and denial on the part of the VP, although it sure has worked for him pretty well up to now. :shrug:

[Kagemusha]

10. Good point!

He can't have his executive privilege and eat his non-executive branch status, too.

[KoKo]

14. That's first thing I thought when reading that! Haul his ass up to the Hill and

question him UNDER OATH and get those "Energy Briefings" he's been guarding in his talons.

[sinkingfeeling]

8. This seems to be in direct conflict with what was said about not keeping visitor logs.

http://www.cnn.com/2007/POLITICS/06/01/cheney.secrecy.ap/index.html

"Over the past year, lawyers for President Bush and Cheney have directed the Secret Service to maintain the confidentiality of visitor entry and exit logs, declaring them to be presidential records, exempt from a law requiring their disclosure to whoever asks to see them.

On May 11, 2006, the Justice Department's Office of Legal Counsel provided a legal opinion on the issue, which is among the many documents the government is refusing to disclose. Six days later, the White House and the Secret Service signed the agreement designating the records as presidential."

So, if the OVP isn't a part of the executive branch, then the visitor logs are not part of the presidential records. Can't have it both ways.

[FogerRox]

29. sinkingfeeling, excellent point.

[Maeve]

9. Oh, EarlG!! I think we have next week's #1 Idiot!

Not Executive branch, no executive privilege...oops!

[Hissyspit]

12. .

http://www.democraticunderground.com/discuss/duboard.php?az=view_all&address=389x1152941

[Maeve]

16. Yep! But they shouldn't put his pic in the dictionary by the word--scares kids! eom

[radfringe]

11. if VP is not part of the exective branch

then executive priviledge doesn't apply... roll out the supoenas

[UpInArms]

28. My thoughts exactly!

:kick:

[FogerRox]

30. radfringe, another excellent point, thank you.

[ozymandius]

39. Great call Rad!

If he is not a part of the executive branch then executive privileges heretofore claimed do not apply. I always knew that if Cheney had enough rope he would hang himself. Fuck this guy good!

[radfringe]

46. he claimed executive privilege when asked for doc on energy meeting

remember the closed door session with oil/fuel companies? remember when he was asked for docs/transcripts of that meeting? he claimed executive privilege.

there have been other incidents of him claiming executive privilege to avoid releasing information.

I'm no constitutional scholar, but it seems to be he can't claim executive privilege if he's claiming not to be part of the executive branch and says he's part of the legislative branch. There's the little thing called SEPARATION OF POWERS.

Assuming he's correct, and the VP position is part of the legislative branch, then isn't he subject to the same rules which govern the senate? What's the procedure for the Senate to supoena/censure a fellow member?

[ck4829]

13. Not within the Executive Branch - Then you have no right to classify documents

And you have no Executive Privilege.

[LibertyLover]

15. If the VP's office is not in the Executive Branch

then where the hell does Chinny (misspelling deliberate) get off claiming executive privilege? And where does he think it falls pray tell?

[PurityOfEssence]

17. The "because I say so" administration strikes again

How does this abomination keep claiming executive privilege if his mob isn't part of the executive? Who the floog does he think he and his office are, some kind of god-anointed monarchy that's beyond reproach and less accountable than the damned president himself?

This guy's the biggest criminal to ever infest the halls of power in this country.

[rodeodance]

18. so he abolished the office !! my god!! this man is responsible to no one in his mind!

[rodeodance]

19. and jr. will just let him do what he WANTS!

[bemildred]

21. Does this all depend on what the meaning of "is" is? nt

[wordpix]

45. no, it depends on what the meaning of "executive branch" is

In Dickworld, he's not in that branch of gov. unless he wants executive privilege, in which case he is in that branch. Easy, see?

:shrug:

[ellenfl]

22. then what branch is he in? has he specified?

didn't he also claim the right to declassify valerie plame's status because he was of the executive branch?

ellen fl

[Aviation Pro]

23. This thing, if he survives his massive coronary.....

...will be spending time rotting in SuperMax, God willing.

[Maestro]

26. Wow. Everything I learned in school was wrong.

:shrug:

[alfredo]

27. What a weasel. He is the one who wants to be dictator.

[wordpix]

44. they BOTH want to be dicktator. "Me first," asserts DickFudd. "No, you already were dicktator,"

responds King Gorge, realizing Cheneyavelli had his turn for the first 6 1/2 years and there are less than two left. :(

[Capn Sunshine]

31. Hey, everybody knows the VP'office is in the "Fuck Off" branch

as specified by the Constitution.

[triguy46]

32. Thus Pharaoh spoke. As it is written, let it be done!

[ShortnFiery]

33. Since Pelosi demands that Impeachment is off the table ... Cheney's essentially "above the law"

Now the Unitary Executive is absolutely SHAMELESS: They are just making up shit as they go along. :crazy: :P

But our gutless Democratic Leaders DARE NOT do their duty and IMPEACH. :grr:

[kurtyboy]

34. This has been the plan since he "searched" for *'s VP candidate

Cheney is exploiting a Constitutional vulnerability in the separation of powers, initially brought on by the afterthought of the Founders. When they met in Convention in 1787, they needed to determine what role, if any would be played by the VP, who in the unamended Constitution was the presidential candidate that garnered the second highest elector vote totals. In other words, the President's strongest opponent in the General Election would be his Vice President. Wondering what else to do with the office besides fill it with the loser, the Framers threw out a bone--make the VP the President of the Senate. Otherwise, framer Roger Sherman of Connecticut said, "he would be without employment."

Fast-forward 15 years after ratification, and Twelfth Amendment allows for the President and Vice President to be of the same party, as a ticket. This removes the somewhat trivial check against Executive power that existed in the form of an adversarial leader in one house of the Legislative Branch. What this all means is that the Office of the Vice President of the United States has a muddled definition. On one hand, the VP is a member of Executive Branch, ready to have the full power of the Presidency conferred to him or her via succession. (See Amendments XII, XX, and XXV, as well as the Presidential Succession Act of 1947 3 U.S.C. § 19) On the other hand, the Vice President acts in a legislative capacity, even casting the tie-breaking vote in the very important US Senate.

Until Cheney, the fuzzy ground occupied by the VP between these two branches of government was largely ignored. Harry Truman came into the Presidency without having been briefed on some of our most important strategic aims--and that was during a war of some import. LBJ and Kennedy weren't known to be best friends, and Gerald Ford--well we know how he got the job. But only when Reagan's brain started taking an early retirement in the first years of his two terms was the VP's importance even vaguely realized. At that time, the VP was most assuredly running many covert programs for the administration, and it seems likely that the boss didn't even really know about them.

Cheney was right there at the time, studying and learning. "Aha!" he must have thought, "The VP wears two hats, and this means that he can avoid accountability." So in 1999 and 2000, W went ahead with Cheney's plan. They acted as if Cheney was looking for a running mate for the GOP candidate, when all along, the intent had been to find a Presidential candidate malleable enough for soon-to-be VP Cheney. They got their stooge in W, and the rest is just so much sad history.

Now when the pressure is on, Cheney can alternately claim exective priviledge and executive exemption from the law of the land. Clever, deceitful, brilliant, and disgusting all at once. The saddest part is, there isn't any really good case law, that I am aware of, to counter his claims. By the time this plows through the Supreme Court, with all of the obfuscation and misdirection that crew can muster, we're going to be even more fucked than we are now. I know that is a mighty big claim, but these guys have yet to disappoint on the fucked-up scale.

[alfredo]

36. If he feels that way, then his security clearance should be pulled.

Same goes for his staff. Write letters to the editor on this issue. If he believes he can reveal national security secrets at will, then he should be denied access to sensitive information. His attitude is a threat to national security.

[olddad56]

37. One more wake up call for those still pretending to live in a democracy

[Supersedeas]

38. the shadow government will not be exposed

[pinto]

40. Geez. What a blatant stonewall, subterfuge, and snow job assertion.

:wtf: