http://www.washingtonpost.com/wp-dyn/content/article/2007/06/22/AR2007062201809.htmlWhite House Defends Cheney's Refusal of Oversight
By Peter Baker
Washington Post Staff Writer
Saturday, June 23, 2007; Page A02
The White House defended Vice President Cheney yesterday in a dispute over his office's refusal to comply with an executive order regulating the handling of classified information as Democrats and other critics assailed him for disregarding rules that others follow.
White House spokeswoman Dana Perino said Cheney is not obligated to submit to oversight by an office that safeguards classified information, as other members and parts of the executive branch are. Cheney's office has contended that it does not have to comply because the vice president serves as president of the Senate, which means that his office is not an "entity within the executive branch."
"This is a little bit of a nonissue," Perino said at a briefing dominated by the issue. Cheney is not subject to the executive order, she said, "because the president gets to decide whether or not he should be treated separately, and he's decided that he should."
Democratic critics said Cheney is distorting the plain meaning of the executive order. "Vice President Cheney is expanding the administration's policy on torture to include tortured logic," said Senate Majority Whip Richard J. Durbin (D-Ill.). "In the end, neither Mr. Cheney or his staff is above the law or the Constitution."
The dispute stems from an executive order, issued in 1995 by President Bill Clinton and revised by President Bush in 2003, establishing a uniform, government-wide system for protecting classified information. Cheney's office, like its predecessor, filed reports about its handling of classified information to the National Archives and Records Administration oversight office in 2001 and 2002 but has refused to do so since. His office also blocked an on-site inspection to examine its handling of classified data.
The Archives' Information Security Oversight Office sent two letters to Cheney requesting compliance but never received a response. The office then asked Attorney General Alberto R. Gonzales in January to decide whether Cheney was violating the executive order, but he has not responded either. Instead, according to Rep. Henry A. Waxman (D-Calif.), Cheney's staff tried to get the oversight office abolished this year.
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