Cheney says he can declassify material based on an executive order?

[spuddonna]

What executive order? Since when?

My understanding is that the President and Vice-President can classify things as top-secret, but that declassification is left to the agencies that classified the information, not the Pres/VP.

I also find it odd that Cheney/Hume threw this seemingly unrelated topic into the end of the interview. An executive order, as I understand it, can only come from Bush, not Cheney. So I guess this is going to be Cheney's defense - Bush gave him the power to declassify this info? Was this Dick throwing a little fear Bush's way to let him know he'd better not think about dumping him over the shooting incident?

[Rosco T.]

1. You don't "Declassify" a NOC! n/m

[Texacrat]

3. I think the President can declassify whomever he wants

I'm just skeptical how that authority can be transferred to the Vice President.

[sandnsea]

7. I highly doubt that

I don't think even the President can declassify something that would put the contry at risk, that would be treasonous and impeachable. This President is pretending he's got all sorts of Imperial Executive Powers, but I don't think that will hold up in the long run. People are going to want the Houses of the People back in control one of these days.

[Texacrat]

10. I agree the House can impeach the President for treason

But, putting party affiliations of the members aside for just a second because that just complicates a constitutional discussion, the burden of proof would lie on the accusers that the President waging war on the United States or somehow abetting the enemy by declassifying a CIA agent. I don't know the details of the Plame case and this possibly could be done, but I think that bar is very high to meet.

Aside from treason, however, I don't see how the President can be held accountable for spilling a secret when he controls what are secrets and what are not. But I believe this line of reasoning only applies to the President.

[sandnsea]

11. I'm just saying in generalities

I don't think a President really can just declassify on his say so, with no view to possible repercussions whatsoever. If maliciousness or other devious intent can be proven, it's impeachable. Whether it's a written down crime or not.

[spuddonna]

4. Exactly, so what the hell is Dead-Eye talking about?!

I mean, why did Hume even include this questions in the interview?

Did he think that the majority of Americans seeing this video are dumb enough to actually believe the exec branch has this power?!

[Texacrat]

2. I think Cheney's claim is unconstitutional, IMHO

Dick Cheney is the Vice President, correct? The Vice President's constitutional job is to serve as President of the Senate and to succeed the President should anything happen.

So since when is the President as commander-in-chief allowed to delegate duties to the Vice President, whom he has no control over constitutionally.

I believe the constitutional separation of powers between the President and the Vice President is an important issue to consider with this claim by Cheney.

[Marr]

5. I agree completely.

The Vice President's powers are rather limited. He/she is not really second in command, and does not wield executive power at all. It's an odd position for Cheney to attempt. Then again, it's about the only spin available, so I suppose it shouldn't be surprising.

[LiberalFighter]

13. EO 13292 --Further Amendment to Executive Order 12958

Further Amendment to Executive Order 12958 Dated Mar 25 2003 Wikipedia Source

Sec. 3.5. Mandatory Declassification Review. (a) Except as provided in paragraph (b) of this section, all information classified under this order or predecessor orders shall be subject to a review for declassification by the originating agency if:

(1) the request for a review describes the document or material containing the information with sufficient specificity to enable the agency to locate it with a reasonable amount of effort;

(2) the information is not exempted from search and review under sections 105C, 105D, or 701 of the National Security Act of 1947 (50 U.S.C. 403-5c, 403-5e, and 431); and

(3) the information has not been reviewed for declassification within the past 2 years. If the agency has reviewed the information within the past 2 years, or the information is the subject of pending litigation, the agency shall inform the requester of this fact and of the requesters appeal rights.

(b) Information originated by:

(1) the incumbent President or, in the performance of executive duties, the incumbent Vice President;

(2) the incumbent Presidents White House Staff or, in the performance of executive duties, the incumbent Vice Presidents Staff;

(3) committees, commissions, or boards appointed by the incumbent President; or

(4) other entities within the Executive Office of the President that solely advise and assist the incumbent President is exempted from the provisions of paragraph (a) of this section. However, the Archivist shall have the authority to review, downgrade, and declassify papers or records of former Presidents under the control of the Archivist pursuant to sections 2107, 2111, 2111 note, or 2203 of title 44, United States Code. Review procedures developed by the Archivist shall provide for consultation with agencies having primary subject matter interest and shall be consistent with the provisions of applicable laws or lawful agreements that pertain to the respective Presidential papers or records. Agencies with primary subject matter interest shall be notified promptly of the Archivists decision. Any final decision by the Archivist may be appealed by the requester or an agency to the Panel. The information shall remain classified pending a prompt decision on the appeal.

(c) Agencies conducting a mandatory review for declassification shall declassify information that no longer meets the standards for classification under this order. They shall release this information unless withholding is otherwise authorized and warranted under applicable law.

(d) In accordance with directives issued pursuant to this order, agency heads shall develop procedures to process requests for the mandatory review of classified information. These procedures shall apply to information classified under this or predecessor orders. They also shall provide a means for administratively appealing a denial of a mandatory review request, and for notifying the requester of the right to appeal a final agency decision to the Panel.

(e) After consultation with affected agencies, the Secretary of Defense shall develop special procedures for the review of cryptologic information; the Director of Central Intelligence shall develop special procedures for the review of information pertaining to intelligence activities (including special activities), or intelligence sources or methods; and the Archivist shall develop special procedures for the review of information accessioned into the National Archives.

Executive Order 12958 as signed by William J Clinton on April 17, 1995

Sec. 3.6. Mandatory Declassification Review. (a) Except as provided in paragraph (b), below, all information classified under this order or predecessor orders shall be subject to a review for declassification by the originating agency if:

(1) the request for a review describes the document or material containing the information with sufficient specificity to enable the agency to locate it with a reasonable amount of effort;

(2) the information is not exempted from search and review under the Central Intelligence Agency Information Act; and

(3) the information has not been reviewed for declassification within the past 2 years. If the agency has reviewed the information within the past 2 years, or the information is the subject of pending litigation, the agency shall inform the requester of this fact and of the requester's appeal rights.

(b) Information originated by:

(1) the incumbent President;

(2) the incumbent President's White House Staff;

(3) committees, commissions, or boards appointed by the incumbent President; or

(4) other entities within the Executive Office of the President that solely advise and assist the incumbent President is exempted from the provisions of paragraph (a), above. However, the Archivist shall have the authority to review, downgrade, and declassify information of former Presidents under the control of the Archivist pursuant to sections 2107, 2111, 2111 note, or 2203 of title 44, United States Code. Review procedures developed by the Archivist shall provide for consultation with agencies having primary subject matter interest and shall be consistent with the provisions of applicable laws or lawful agreements that pertain to the respective Presidential papers or records. Agencies with primary subject matter interest shall be notified promptly of the Archivist's decision. Any final decision by the Archivist may be appealed by the requester or an agency to the Interagency Security Classification Appeals Panel. The information shall remain classified pending a prompt decision on the appeal.

(c) Agencies conducting a mandatory review for declassification shall declassify information that no longer meets the standards for classification under this order. They shall release this information unless withholding is otherwise authorized and warranted under applicable law.

(d) In accordance with directives issued pursuant to this order, agency heads shall develop procedures to process requests for the mandatory review of classified information. These procedures shall apply to information classified under this or predecessor orders. They also shall provide a means for administratively appealing a denial of a mandatory review request, and for notifying the requester of the right to appeal a final agency decision to the Interagency Security Classification Appeals Panel.

(e) After consultation with affected agencies, the Secretary of Defense shall develop special procedures for the review of cryptologic information, the Director of Central Intelligence shall develop special procedures for the review of information pertaining to intelligence activities (including special activities), or intelligence sources or methods, and the Archivist shall develop special procedures for the review of information accessioned into the National Archives.

[spuddonna]

17. I had understood that declassification was a totally different process...

That no matter who originated the classification of materials, there were agencies to review whether data revealed could hurt any of the separate agencies. I thought there were review boards, the 'Archivist', who made sure that info was released properly.

This whole idea that Cheney has this power is crazy... The CIA must be going berserk after his 'proclamation of power' yesterday! Can you imagine being an undercover operative and wondering if you piss off old Dead-Eye, will he out you and claim he has the authority to do it?! Unbelieveable...

[LiberalFighter]

20. Maybe Porter Goss will walk over and slap cheney silly

And if Porter Goss doesn't then he risks his people slapping him silly one way or another.

And generally, there is a process that the agencies affected determine whether material is declassified.

If what Cheney is saying is happening then they are violating even their amendment to the EO.

[Harald Ragnarsson]

6. I think he just needs to wave his scepter over it, actually n/t

[rucky]

8. The Agency that classified it is the ONLY one who can declassify it.

a knowledgable DU-er explained to me.

[PhilipShore]

9. Executive Order 12356, issued April 2, 1982 (Was that Reagan era?)

I am not a lawyer, but I don't think that the Scooter Libby Indictments -- will ever go to Trial because the CIA and/or related information has immunity.

My own opinion is that the Fitz Hearings are just lip service, with the MSM saying—an extensive investigation is being done by Fitz, and he found no wrong, thus paving the way for Jeb to run in 2008.

Did Reagan create this executive order, allowing them to declassify data?

_____________________________



Executive Order 12356, issued April 2, 1982, removed any specific time requirements for declassification. Instead, it provides that information shall be declassified or downgraded as soon as national security considerations permit. Declassification of classified U.S. government originated information less than 30 years old is the responsibility of the originating agency and declassification of foreign government information provided to the U.S. in confidence which is less than 30 years old is the responsibility of the agency initially receiving or classifying the information. Systematic review of classified U.S. government originated information and foreign government information provided in confidence which is more than 30 years old is the responsibility of the National Archives and Records Administration.

[PhilipShore]

12. In the long run it could help Dems

I am not a lawyer, but all of the Repuke corruption that we have been seeing in the news Enron, Abramoff, etc. is just the tip of the iceberg -- of a far greater culture of corruption (that is why they have to keep it all top secret) with insane laws.

If the Republicans have a fanatical approach; in how it interprets rules of law, in the long run that could help the Dems, because if a Dem President gets in power, he will then have the same individual power as president to declassify -- all of the documents -– and secret spy programs Bush and Co. created so as to dismantle them, and to dismantle a useless military-industrial complex (The PNAC), that only benefit the the Repuke created culture of corruption.

A catch 22 -- for the Repukes because all of the effort in creating mountains of secret paperwork (for corrupt Repuke eyes only) just creates a paper trail of the actual culture of corruption, so that when the Dems get in power they will be able to identify it, because it is all stored away in files labeled Top secret.

[PhilipShore]

14. National Review: The Little-Noticed Order That Gave Dick Cheney New Power

National Review
The Little-Noticed Order That Gave Dick Cheney New Power
Have you ever heard of Executive Order 13292?
February 16, 2006

http://www.nationalreview.com/york/york200602160841.asp

In addition to discussing his hunting accident, Vice President Dick Cheney, in his interview on the Fox News Channel Wednesday, also pointed to a little-known but enormously consequential expansion of vice-presidential power that has come about as a result of the Bush administration's war on terror.

Cheney was referring to Executive Order 13292, issued by President Bush on March 25, 2003, which dealt with the handling of classified material. That order was not an entirely new document but was, instead, an amendment to an earlier Executive Order, number 12958, issued by President Bill Clinton on April 17, 1995.

At the time, Bush's order received very little coverage in the press. What mention there was focused on the order's provisions making it easier for the government to keep classified documents under wraps. But as Cheney pointed out Wednesday, the Bush order also contained a number of provisions which significantly increased the vice president's power.

Throughout Executive Order 13292, there are changes to the original Clinton order which, in effect, give the vice president the power of the president in dealing with classified material. In the original Clinton executive order, for example, there appeared the following passage:

[TahitiNut]

15. Tell me how Plame/BJ&A was 'declassified' without the CIA even knowing.

This is just more media GOProphagy. The CIA reviewed the exposure of Plame and referred it to the Department of Justice after determining that the exposure was a crime. The Department of Justice accepted and initiated the investigation and prosecution based on the fact that the exposure was a crime. Dubyatard and Dickless are abundantly on record both condemning the leak and proclaiming support for the investigation.

Just how the fuck is anyone expected to believe, at this point, that the information was legitimately declassified by anyone in the Executive Branch without either the CIA or the DOJ knowing that it was or being already informed that it was? This would be a degree of historical revisionism so far beyond basic sanity that I'd have a hard time believing it to be possible despite the extremes and excesses I've seen so far.

Whether or not Cheney, or even the janitor, has the authority to declassify such information is a totally irrelevant question. It has already been determined that the leak was criminal - otherwise, we'd not have the approved investigation in the first place.

[ProfessorGAC]

16. In Another Thread, TN. . .

. . .i commented that i talked to a guy who is a law professor who has reviewed the EO and the law and he says that it's utter nonsense. The Prez and Veep do not have the right to declassify anything at anytime.
The Professor

[Beelzebud]

18. Executive Order is their term for Enabling Act.

Welcome to late 30's Germany.

Let's hope we don't all just sit on our asses a few more years, and wait for it to be too late.

[spuddonna]

19. You know, when I first started listening to AAR...

I listened to Mike Malloy a few times, and I'd think "whoa, a little extreme, isn't he?!"

Now I listen to him for comfort because he's dead on...