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Bush administration "Fourth Branch" of government?
In June 2007, Vice President Dick Cheney claimed that he is neither a member of the executive branch of the U.S. government<9>, nor required to comply with executive orders issued by President George W. Bush. In turn, President Bush—consistent with his claim that presidential power "must be unilateral, and unchecked"<10>—also claims that he is not required to comply, as neither the president nor the vice president are "agencies" of the executive branch.<11>
Since 2004, Cheney's office has refused to "allow" the Information Security Oversight Office (ISOO), "a department within the National Archives, to conduct an on-site inspection of how classified material is handled there, as it is authorized to do under an executive order issued by President Bush." Additionally, Cheney "prevented his office records from going to the National Archives, as required by federal law, according to House Oversight and Government Reform Committee Chairman Henry Waxman (D-Calif.)", who is "now challenging the legality and rationale behind Cheney's decision in a letter<12> sent to the vice president" on June 21, 2007. Waxman also said that Cheney's office "stopped supplying data to the Information Security Oversight Office on its classification and declassification procedures in 2003."<13><14>
Following a threat by Rep. Rahm Emanuel (D-Ill.) to defund<15> "$4.8 million in executive-branch funding", "senior administration officials" told The Politico Cheney's office "will not pursue the argument that it is separate from the executive branch ... Two senior Republican officials, speaking on condition of anonymity, said that the rationale had been the view of the vice president’s lawyers, not Cheney himself."<16>
Emanuel said the defunding "vote is still planned, and said the new position means the vice president needs to comply with National Archives requirements."<17>
Cheney & Addington
Jan Frel wrote in the October 28, 2005, AlterNet Blog<18> that Bush had, however, used this "unitary logic, including many of his ill-fated choices relating to torture and the Geneva Conventions."
"And who was the author of the infamous 'torture memo?'," Frel asked? It was David S. Addington, chief of staff to Vice President Dick Cheney since October 2005 and Cheney's counsel since 2001, who "believes in the Unitary Executive theory.<19> If you guessed that this meant the power of one CEO who decides liberty and justice for all, you wouldn't be far off," Frel wrote.
Addington was the "vice president's point man," Washington Post reporter Dana Milbank wrote October 11, 2004.<20>
"Cheney has tried to increase executive power with a series of bold actions -- some so audacious that even conservatives on the Supreme Court sympathetic to Cheney's view have rejected them as overreaching," Milbank wrote.
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http://www.sourcewatch.org/index.php?title=Unitary_Executive_Theory