Cheney claim not to be in the executive goes back to 2002

[starroute]

http://www.publicintegrity.org/lobby/report.aspx?aid=760

November 16, 2005 — Vice President Dick Cheney and his staff have been unilaterally exempting themselves from long-standing travel disclosure rules followed by the rest of the executive branch, including the Office of the President, the Center for Public Integrity has discovered. . . .

Instead of making disclosures like most of the White House, Cheney's office since March 2002 has periodically responded to OGE inquiries by stating that it is not obligated to file such disclosure forms for travel funded by non-federal sources.

The letters were signed by then-Counsel to the Vice President David Addington, who two weeks ago was named Cheney's chief of staff, replacing indicted aide I. Lewis "Scooter" Libby. Addington also reportedly helped write a memo validating the use of torture or similar techniques on terrorism suspects abroad that came to light during the attorney general confirmation process of Gonzales, Bush's former counsel.

In the letters to the Office of Government Ethics, Addington writes that the Office of the Vice President is not classified as an agency of the executive branch and is therefore not required to issue reports on travel, lodging and related expenses funded by non-federal sources. The letters go on to say that neither the vice president nor his staff had accepted any non-federal payments for travel during the period, and that the office is making that limited disclosure as "a matter of comity."


http://www.thecarpetbaggerreport.com/archives/9888.html

February 09, 2007

On Monday, we talked about the Office of the Vice President refusing to cooperate with a government directory known as the “Plum Book,” which lists government employees. Federal agencies have to comply by listing staffers in the directory, but Dick Cheney’s office claimed an exemption for itself, arguing that the “Vice Presidency is a unique office that is neither a part of the executive branch nor a part of the legislative branch.”

In other words, employees of the three branches of the federal government have to give staff lists for the Plum Book, but the OVP apparently believes it’s not part any of the three branches. At the risk of sounding overdramatic, it’s one of those horrifying arguments that makes me worry about the integrity of our constitutional system.

[JDPriestly]

1. This argument is nonsense.

The Constitution provides for three branches of government. The members of the Senate are limited to two elected senators from each states. So, although the Constitution states that the Vice President is the president of the Senate, he is not a member of the Senate. He has no grounds for claiming to be a member of the House. Therefore, he is not a member of either legislative branch He is also clearly not a member of the judiciary. He and the president are sworn in to office on January 20. Members of Congress take office on Jan. 3.

There is nothing in the Constitution to suggest that the vice president is not a member of the executive branch. Although the power of the executive is vested in the president, the president is not the only member of the executive branch. I'd like to see Cheney's reasoning on this. I think he is just plain nuts with power. If the Supreme Court agrees with Cheney, it is time to amend the Constitution to clarify that the vice president is subject to the regulations and constitutional restrictions that apply to the executive branch.

[Spinzonner]

2. If he's not a member of the executive

Then Congress doesn't have to fund his office.

He can just pay it all himself out of his Halliburton money.

Oh, and we also don't owe him any salary.

[HawkerHurricane]

3. Just dodging responsibility

If he's a member of the Legislature, then he's answerable to the rest of the senate and comes under thier ethics rules. So, call him before the Senate Ethics Comittee for an open hearing.

[Orsino]

4. Or does he intend to lose...

...so that his Executive Privilege shield will be confirmed?

[NewJeffCT]

5. They're trying everything possible

to run out the clock until January of 2009. The more they can stall, delay and obstruct, the fewer will go to jail.