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Context of 'June 27, 2007: Democrats Move to Strip Cheney of Executive Branch Funding over Classification Row'

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Vice President Dick Cheney unilaterally exempts his office from Executive Order 12958, which established government-wide procedures for safeguarding classified national security information. [White House, 4/17/1995; Congress Committee On Oversight And Government Reform, 6/21/2007] It was amended by President Bush’s Executive Order 13292 (see March 25, 2003) to require that all agencies or “any other entity within the executive branch that comes into the possession of classified information” regularly report on their activities to the Information Security Oversight Office. [White House, 3/25/2003]
Vice President Not Part of Executive Branch, Cheney Argues - Cheney’s argument is that the vice president’s office is not part of the executive branch, and therefore has no legal obligation to report on its classification decisions as mandated by the order. Cheney justifies his position by noting that the vice president has a role in both the executive and legislative branches—the vice president is also president of the Senate—and the vice president’s office is not an agency. In May 2006, Cheney spokeswoman Lea Anne McBride will say, “This has been thoroughly reviewed and it’s been determined that the reporting requirement does not apply to [the office of the vice president], which has both legislative and executive functions.” (McBride does not say who reviewed the claim.)
Criticism - Others, such as government secrecy expert Steven Aftergood of the Federation of American Scientists, disagree. “It undermines oversight of the classification system and reveals a disdain for presidential authority,” he says. “It’s part of a larger picture of disrespect that this vice president has shown for the norms of oversight and accountability.” Around 80 agencies and entities must report annually to the National Archives; besides the Office of the Vice President, only the president’s Homeland Security Council and the president’s Foreign Intelligence Advisory Board have as yet failed to report on their activities. Aftergood will say: “Somebody made a decision that they don’t want to do what they used to do.… They have to explain why they stopped doing it, and they haven’t done that.” [ABC News, 6/21/2007] Law professor Garrett Epps observes: “The vice president is saying he doesn’t have to follow the orders of the president. That’s a very interesting proposition.” And Judicial Watch’s Paul Orfanedes says Cheney’s claim “seems most disingenuous.” [Cox News Service, 6/21/2007]
Retaliation For Attempt To Force Compliance - The National Archives’ Information Security Oversight Office (ISOO) will attempt in 2004 to conduct an inspection of Cheney’s offices pursuant to the executive order; Cheney’s staff will block the inspection, the first time since the ISOO’s inception in 1978 that one of its inspections has been thwarted. The National Archives will protest Cheney’s decision (see June 8, 2006 and January 9, 2007); Cheney will respond by attempting to abolish the ISOO (see May 29, 2007-June 7, 2007). [Henry A. Waxman, 6/21/2007 pdf file; ABC News, 6/21/2007] In June 2007, President Bush will announce that he never intended for either his or Cheney’s office to have to comply with the directive. [USA Today, 6/24/2007; Newsweek, 12/27/2007]
Issue Nothing More Than 'Kerfuffle' - In December 2007, Cheney will call the entire issue a “kerfuffle… is he or isn’t he; is he part of the executive branch, part of the legislative branch? And the answer really is, you’ve got a foot in both camps. I obviously work for the president. That’s why I’m sitting here in the West Wing of the White House. But I also have a role to play in the Congress as the president of the Senate. I actually get paid—that’s where my paycheck comes from, is the Senate. So I try to keep lines open to both sides of the Congress, both the House and the Senate.” [White House, 12/6/2007] However, Cheney sometimes asserts executive privilege, a function of the executive branch (see June 26, 2007 and June 29, 2007).

Entity Tags: Information Security Oversight Office, Richard (“Dick”) Cheney, National Archives and Records Administration, Homeland Security Advisory Council, Lea Anne McBride, George W. Bush, Federation of American Scientists (FAS), Foreign Intelligence Advisory Board, Garrett Epps, Steven Aftergood, Office of the Vice President, Paul Orfanedes

Timeline Tags: Civil Liberties

At its first formal meeting, the 9/11 Commission decides it will not routinely issue subpoenas for the documents it wants from other agencies.
Different Opinions - There is some debate on the matter. Commissioner Jamie Gorelick argues that the Commission should issue subpoenas for all requests it makes to the administration for documents or other information, saying that a subpoena is simply evidence of the Commission’s determination to get what it needs. She also worries that if the Commission waits to issue subpoenas, the time limit on its activities will mean that a late subpoena could not be enforced. However, she is only supported by the other three ordinary Democratic commissioners, with the top Democrat on the Commission, Vice Chairman Lee Hamilton, siding with the Republicans.
Decision Already Taken - Author Philip Shenon will write: “But [Chairman Tom] Kean and Hamilton had already made up their mind on this issue, too. There would be no routine subpoenas, they decreed; subpoenas would be seen as too confrontational, perhaps choking off cooperation from the Bush administration from the very start of the investigation.” The four Democratic commissioners cannot issue a subpoena by themselves, as it requires the approval of either six of the 10 commissioners, or both Kean and Hamilton. This is not the only occasion on which Hamilton’s Republican leanings become apparent (see March 2003-July 2004). [Shenon, 2008, pp. 70-71]
Staffer Critical - John Farmer, leader of the Commission’s team investigating events on the day of the attacks, will be critical of the decision and will urge Kean and Hamilton to change their minds. If subpoenas are issued at the start, the Commission will have time to enforce them in court and the agencies “would know that they couldn’t run out the clock,” whereas if subpoenas were issued later, after non-compliance with document requests, the agencies could use such tactics. [Shenon, 2008, pp. 201]
Difficulties with Receiving Documents - As a result of this policy, the Commission will have trouble getting documents from the White House (see June 2003), Defense Department (see July 7, 2003), FAA (see November 6, 2003), and CIA (see October 2003), leading to delays in its investigation.

Entity Tags: Lee Hamilton, John Farmer, 9/11 Commission, Jamie Gorelick, Thomas Kean

Timeline Tags: Complete 911 Timeline

White House counsel Alberto Gonzales denies a request made by the 9/11 Commission for access to a number of White House documents pertaining to 9/11, citing executive privilege. The documents date from both the Clinton and Bush administrations. The request is made by Philip Zelikow, the Commission’s executive director, who believes the Commission must see the documents if it is to do its job properly, and that the White House has already indicated the Commission will get what it wants. The documents include highly classified presidential daily briefings (PDBs), the “crown jewels” of US intelligence reporting. Only a very few such PDBs have ever been made available, from the Johnson and Nixon administrations. Zelikow says the Commission needs to see the PDBs so it can determine what warnings Clinton and Bush received about al-Qaeda. However, the PDBs had not been provided to the 9/11 Congressional Inquiry, and Gonzales says they will not be given to the 9/11 Commission either. Zelikow tells Gonzales that this would be bad for the Commission and the US, recalling the uproar that ensued when it was discovered the CIA had withheld documents from the Warren Commission that investigated the murder of President Kennedy. Zelikow also pressures Gonzales by threatening to resign from the Commission if it is not given the documents, knowing this will generate extremely bad publicity for the White House.
Refusal to Meet with Zelikow - However, Gonzales refuses to cave in and, a few days later, makes what author Philip Shenon calls a “blunt and undiplomatic” phone call to Tom Kean, the Commission’s chairman. He tells Kean that he does not want to see Zelikow ever again, which means that in the future he will only discuss access to the documents with Kean and Commission Vice Chairman Lee Hamilton.
Alleged Involvement of Rove - The battle over access to documents and witnesses will go on for some time (see June 2003), and commissioner John Lehman will say that White House political adviser Karl Rove is “very much involved” in it. According to Lehman, “Gonzales cleared everything with Rove,” and friends tell him that “Rove was the quarterback for dealing with the Commission,” although the White House will deny this. [Shenon, 2008, pp. 73-76, 176]

Entity Tags: Philip Zelikow, Thomas Kean, John Lehman, Alberto R. Gonzales, Karl C. Rove

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

In a series of meetings with 9/11 Commission Chairman Tom Kean and Vice-Chairman Lee Hamilton, White House Counsel Alberto Gonzales continues to deny the commission access to White House documents and personnel (see Late January 2003). The commission wants access to classified White House documents, as well as interviews with President George W. Bush, Vice President Dick Cheney and National Security Adviser Condoleezza Rice.
Claim of Executive Privilege - Gonzales says that the access the commission wants is protected by executive privilege, which means that if advice given to the president by his staff is to have any value, it must remain secret. He thinks that, as the commission was created by Congress, if he gives the commission the access it wants, this will set a precedent, meaning the White House will have to turn over other documents to Congress.
Not a "Viable Position" - Kean thinks that this is not a “viable position” for Gonzales and that he must give them something. He asks himself if Gonzales understands the political damage he is doing to President Bush, and also if Bush knows what Gonzales is doing in his name. Kean is also aware that the commission could subpoena documents, but never makes this threat explicitly to Gonzales. Issuing subpoenas would lead to a constitutional argument that would do a lot of political damage to the White House. Kean believes that Gonzales will have to compromise in the end—9/11 was such a unique event that providing some access will not set a precedent. 9/11 Commissioner and former White House Counsel Fred Fielding is also extremely surprised by what Gonzales is doing. He knows it is only a matter of time before Gonzales retreats, and the longer it takes him to do so, the more damage he will do to Bush. [Shenon, 2008, pp. 122-126] Fielding will return as White House counsel in January 2007. In a scandal over the firing of US attorneys for allegedly political reasons, he will behave in much the same way as Gonzales does in this case. [Washington Post, 4/11/2007]
Gonzales Refuses to Meet Commission Lawyer - Gonzales insists on meeting only Kean and Hamilton and, following an earlier frosty meeting with executive director Philip Zelikow (see Late January 2003), refuses to see anyone else from the commission, including its counsel Daniel Marcus. When Kean and Hamilton return from the meetings with Gonzales at the White House, Marcus has to debrief them and work out a counter-strategy to what Gonzales’ position seems to be. “It was very messy,” Marcus will recall. Marcus also knows Gonzales is getting Bush in trouble: “Gonzales didn’t have good political judgment and staked out positions that got the White House in trouble—these kinds of wooden separation of powers arguments.”
Some Speculate Addington Behind Gonzales - Some commissioners and staff think that what Gonzales is doing is so damaging to President Bush that he may not even be expressing Bush’s views. According to this line of thinking, Gonzales is being directed by Vice President Dick Cheney and his counsel David Addington, both of whom are known to have extreme views on executive privilege (see June 26, 2007 and June 27, 2007). Kean will later say the commission “never knew” who was really behind the arguments. [Shenon, 2008, pp. 122-126]

Entity Tags: David S. Addington, Daniel Marcus, Alberto R. Gonzales, Lee Hamilton, Fred F. Fielding, Thomas Kean

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

The 9/11 Commission files a request to see some Presidential Daily Brief (PDB) items it believes it may need for its investigation.
Filed with CIA - The Commission had conducted preliminary discussions about the PDBs with White House Counsel Alberto Gonzales, but they have not borne fruit (see Late January 2003 and June 2003) and the Commission understands it may have to fight to get the documents. Therefore, it submits the request to the CIA, which writes and keeps the PDBs, as the Commission’s lawyers think it will be easier to enforce a subpoena against the CIA than the White House.
Credibility - Commission Chairman Tom Kean and Vice Chairman Lee Hamilton are aware the Commission must get the PDBs, or at least be seen to try hard, to maintain its credibility. This is particularly because, according to author Philip Shenon, “the PDBs were becoming the ‘holy grail’ for the 9/11 families and for the press corps.” Hamilton will say if the Commission’s investigation ended without it seeing them, “that would be the only thing the press would be interested in.” Shenon will add, “It seemed as if no other evidence unearthed by the Commission mattered; if the Commission did not see the PDBs, it would be seen in history as having failed.”
Scope of Request - The request is not for the full library of PDBs from the Clinton and Bush administrations. The Commission requests items from 1998 on that mention al-Qaeda, domestic terrorist threats, terrorist plots involving airlines used as weapons, and intelligence involving Afghanistan, Pakistan, Saudi Arabia, Sudan, Yemen, and Germany.
White House Says No - Although the request was addressed to the CIA, Gonzales replies for the White House in September, saying the Commission cannot see the PDBs, or even brief extracts. [Shenon, 2008, pp. 214-215]

Entity Tags: Central Intelligence Agency, Alberto R. Gonzales, Philip Shenon, 9/11 Commission, Thomas Kean, Lee Hamilton

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Following nine months of haggling over access to Presidential Daily Brief (PDB) items related to the 9/11 Commission’s work (see Late January 2003, June 2003, and Late Summer 2003), White House Counsel Alberto Gonzales agrees to provide the Commission with a briefing about them.
No Details Provided - Gonzales says the briefing will be about the “contents” of the PDBs, although the Commission is unsure what this means and thinks it may include verbal information about what is written in items relevant to its investigation. However, at the briefing, lawyers simply tell the Commission about how the documents are prepared. They also say that there are approximately 300 PDB items relevant to the Commission’s work, but they will not provide any details of what the items actually say.
Briefing Is 'Ridiculous' - The commissioners are very frustrated, and Republican Commissioner Jim Thompson, for example, complains, “This is ridiculous.” Author Philip Shenon will comment: “The commissioners were seething. If the briefing was meant to placate them, it had done the opposite; it was one more bit of proof of Gonzales’s ham-handed strategy in dealing with the investigation. If anything, the commissioners were now more anxious to see the actual PDBs.” Thompson will add, “We were not going to take no for an answer.” [Shenon, 2008, pp. 215-216]

Entity Tags: James Thompson, 9/11 Commission, Alberto R. Gonzales

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

9/11 Commission Chairman Thomas Kean gives an interview to the New York Times in which he attacks the White House over its withholding of classified intelligence about al-Qaeda and attacks on the US from the Commission (see Late January 2003, June 2003, Late Summer 2003, and October 16, 2003). Although he does not mention Presidential Daily Briefs (PDBs) specifically, thinking their name secret, he says, “We’re having trouble with the White House,” meaning that a subpoena may have to be issued. He adds: “Any document that has to do with this investigation cannot be beyond our reach. I will not stand for it.” The piece runs as the lead story on page one of the newspaper, causing a good deal of criticism of President George Bush. It is picked up by Democrats, such as presidential candidate Joe Lieberman, who says, “After claiming they wanted to find the truth about September 11, the Bush administration has resorted to secrecy, stonewalling, and foot-dragging.” [New York Times, 10/26/2003; Shenon, 2008, pp. 215-216] As a result of this story, President Bush makes a statement identifying the documents the Commission wants as PDBs and promising to work with the Commission to give it some access. [Shenon, 2008, pp. 216-217]

Entity Tags: Joseph Lieberman, George W. Bush, Thomas Kean, 9/11 Commission

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

The 9/11 Commission votes 6-4 not to subpoena Presidential Daily Briefs (PDBs). Four of the five Democratic commissioners vote in favor. The five Republicans vote against, as does Democratic Vice Chairman Lee Hamilton, who sometimes sides with the Republicans (see March 2003-July 2004 and January 27, 2003). The vote came up because the White House has been stonewalling the Commission on access to the PDBs for nearly a year (see Late January 2003, June 2003, Late Summer 2003, October 16, 2003, and Shortly Before October 26, 2003). The White House has just offered the Commission a deal in which Commission Chairman Thomas Kean and Hamilton, as well as two staff members, could read a group of 20 significant PDBs, and one of these four could then read all the other PDBs. If he found anything significant, he could insist the other three read it as well. The Commission rejects this, but only obtains a slightly better deal in the end (see November 7, 2003). [Shenon, 2008, pp. 217-219]

Entity Tags: White House, Lee Hamilton, 9/11 Commission

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

The 9/11 Commission and the White House come to a deal on the Commission’s access to Presidential Daily Briefs (PDBs) relevant to its work. The Commission and White House had been in dispute about the issue for nearly a year (see Late January 2003, June 2003, Late Summer 2003, October 16, 2003, Shortly Before October 26, 2003, and November 6, 2003).
Arrangement - The deal gives Commission Chairman Thomas Kean and Vice Chairman Lee Hamilton, plus two others on the Commission to be designated, access to a group of 20 “core” PDBs clearly relevant to the Commission’s work. In addition, two of these four can read all possibly relevant PDBs and insist on the other two being allowed to see anything they think is important. The deal is struck by Kean and Hamilton for the Commission, White House counsel Alberto Gonzales, and White House chief of staff Andy Card. The Commission designates commissioner Jamie Gorelick and its executive director, Philip Zelikow, as the two who will help Kean and Hamilton and also review all the other PDBs. The other seven commissioners and the rest of the staff cannot see the PDBs.
Criticism - Two of the commissioners, Democrats Tim Roemer and Max Cleland, are extremely angry with the deal and complain the Commission cannot function properly without all the commissioners seeing all the relevant documents. The victims’ relatives are also extremely unhappy, and the Family Steering Committee releases a statement saying, “A limited number of commissioners will have restricted access to a limited number of PDB documents,” adding, “The Commission has seriously compromised its ability to conduct an independent, full, and unfettered investigation.” They are also unhappy that Zelikow is one of the two handling the main review, because they are concerned about his ties to National Security Adviser Condoleezza Rice, among other issues (see March 21, 2004). One of the victim’s relatives, Kristen Breitweiser, says, “How much more of Zelikow do we have to take?” The Commission’s counsel, Daniel Marcus will agree with the families, saying, “If we were going to have a staff person do this, Philip was not the right person.” [Shenon, 2008, pp. 218-219]

Entity Tags: Andrew Card, White House, 9/11 Commission, Alberto R. Gonzales, Thomas Kean, Tim Roemer, Max Cleland, Daniel Marcus, Jamie Gorelick, Philip Zelikow, Lee Hamilton, Kristen Breitweiser, 9/11 Family Steering Committee

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Speaking to students in China, Vice President Cheney says that former president Dwight Eisenhower first gave the vice president an office “in the executive branch,” and adds, “since then the responsibilities have gradually increased.” However, Cheney has repeatedly said that the vice president is not part of the executive branch (see 2003, June 26, 2007, and June 29, 2007). [Congress Daily, 6/29/2007]

Entity Tags: Dwight Eisenhower, Richard (“Dick”) Cheney

Timeline Tags: Civil Liberties

Henry Waxman (D-CA), the chairman of the House Oversight Committee, writes to Vice President Cheney demanding an explanation for his decision not to comply with executive orders (see 2003). Cheney’s office, like other executive branch entities, is required to annually report on the amount of documents it is classifying, and how those documents are being kept secure. The annual requests are made in pursuance of an executive order, last updated by President Bush in 2003. The order states that it applies to any “entity within the executive branch that comes into the possession of classified information.” Cheney has justified the decision by saying that because the Vice President is also the president of the Senate, the vice president’s office is not strictly a part of the executive branch, and therefore is not subject to the president’s executive orders; he cites as evidence his Constitutional role as a tie breaker in the Senate. Waxman writes, “Your decision to exempt your office from the President’s order is problematic because it could place national security secrets at risk. It is also hard to understand given the history of security breaches involving officials in your office.” Waxman’s point is that, if Cheney’s office is not part of the executive branch, then it is not authorized to view many of the classified documents it routinely receives; therefore the viewing of these documents by Cheney and his officials constitutes a breach of security. Waxman writes, “I question both the legality and the wisdom of your actions. In May 2006, an official in your office [Leandro Aragoncillo] pled guilty to passing classified information to individuals in the Philippines [as part of a plot to overthrow President Gloria Macapagal Arroyo… Aragoncillo reportedly disclosed numerous secret and top secret documents to Philippine officials over several years while working in your office.… In March 2007, your former chief of staff, Lewis ‘Scooter’ Libby, was convicted of perjury, obstruction of justice, and false statements for denying his role in disclosing the identity of a covert CIA agent (see November 20, 2007). In July 2003, you reportedly instructed Mr. Libby to disclose information from a National lntelligence Estimate to Judith Miller, a former New York Times reporter. This record does not inspire confidence in how your office handles the nation’s most sensitive security information. Indeed, it 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.… Your office may have the worst record in the executive branch for safeguarding classified information.” Waxman notes that Cheney’s office is notorious for declassifying information for purely political reasons, as in the Libby case. Waxman concludes, “Given this record, serious questions can be raised about both the legality and the advisability of exempting your office from the rules that apply to all other executive branch officials.” [Congress Committee On Oversight And Government Reform, 6/21/2007; New York Times, 6/22/2007] The next day, when asked what he believes about Cheney’s position, Senate Majority Leader Harry Reid will quip, “I always thought that he was president of this administration.” [Cox News Service, 6/22/2007] Five days later, Waxman will say, “I know the vice president wants to operate with unprecedented secrecy, but this is absurd. This order is designed to keep classified information safe. His argument is really that he’s not part of the executive branch, so he doesn’t have to comply.… He doesn’t have classified information because of his legislative function. It’s because of his executive function.” [New York Times, 6/22/2007]

Entity Tags: Richard (“Dick”) Cheney, Judith Miller, Information Security Oversight Office, Gloria Macapagal Arroyo, Harry Reid, Henry A. Waxman, Leandro Aragoncillo, Lewis (“Scooter”) Libby

Timeline Tags: Civil Liberties

House Democratic Caucus chairman Rahm Emanuel (D-IL) says that if Vice President Dick Cheney does not accept that his office is an “entity within the executive branch,” then taxpayers should not finance his executive expenses. Cheney has refused to comply with executive branch rules governing disclosure of classification procedures by claiming that the vice president is part of the legislative branch as well as the executive (see 2003). Cheney needs to make up his mind one way or the other, Emanuel says, and live with the consequences. Cheney spokeswoman Lea Ann McBride retorts that Emanuel “can either deal with the serious issues facing our country or create more partisan politics.” In response to a letter from Henry Waxman (D-CA), chairman of the House Oversight Committee, that charges Cheney with refusing to obey a 2003 executive order requiring that all executive offices detail the number of documents they classify or declassify (see June 21, 2007), President Bush has already said that reporting requirements do not cover either his office or Cheney’s. And McBride says that because of Bush’s decision, the question of whether the office is part of the executive or the legislative branch is irrelevant. “The executive order’s intent is to treat the vice president like the president, rather than like an agency” within the executive branch, McBride says. Many Democrats disagree. Senator Dianne Feinstein (D-CA) calls Cheney’s position “the height of arrogance,” and says Emanuel’s proposal “might not be a bad idea.” [USA Today, 6/24/2007]

Entity Tags: Richard (“Dick”) Cheney, Rahm Emanuel, House Committee on Oversight and Government Reform, George W. Bush, Dianne Feinstein, Henry A. Waxman, Lea Anne McBride

Timeline Tags: Civil Liberties

John Kerry.John Kerry. [Source: Peace Corps]Senator John Kerry (D-MA) writes to David Addington, the chief of staff to Vice President Dick Cheney, challenging Cheney and Addington’s claim that the Vice Presidency is not part of the executive branch (see 2003). Kerry tells reporters, “It comes as no surprise that the ‘imperial president’ and his vice president are once again trying to dodge scrutiny with a ridiculous claim that Dick Cheney is not part of the executive branch of government. This is an unprecedented break with hundreds of years of history, and undermines the integrity of executive power and the Executive Order as an institution.” In the letter, Kerry writes of his concern: “[Cheney] self-designated his position as part of neither the legislative branch nor the executive branch, and is therefore not accountable to the laws that govern either branch.… This is an unprecedented break with hundreds of years of history and does not keep good faith with the hierarchy of government. While I appreciate that the Vice President has authority as President of the Senate, this does not exclude him from the executive and its oversight. Claiming to be party to neither the legislative branch nor the executive branch only serves to evade a standing executive order and bring secrecy to the Office of the Vice President.… The Vice President has routinely operated as a member of the executive branch and all the benefits and responsibilities that comes with that position. To propose that all this time the Vice President did not believe he was functioning as a member of the executive branch is disingenuous.” Kerry demands the reasoning behind Cheney and Addington’s assertions, and, in light of Cheney’s refusal to comply with reporting requirements of the National Archives as to how it treats classified documents, demands “to know what steps the Office is taking to protect classified information. This is our nation’s most sensitive information and it is critical that it is kept protected which is why the Archives does this oversight.” [John Kerry, 6/25/2007]

Entity Tags: Richard (“Dick”) Cheney, David S. Addington, John Kerry, Office of the Vice President, National Archives and Records Administration

Timeline Tags: Civil Liberties

Responding to a letter from Senator John Kerry (D-MA) that challenges Vice President Dick Cheney’s assertion that the Office of the Vice President (OVP) is not part of the executive branch of government (see 2003 and June 25, 2007), Cheney’s chief of staff David Addington seems to imply that the OVP is indeed part of the executive branch. Addington writes that the executive order in question (an order Cheney says his office does not have to follow because of the OVP’s unique status) “makes clear that the vice president is treated like the president and distinguishes the two of them from ‘agencies,’” which are explicitly covered under the order. Addington notes that on June 22, President Bush affirmed that the order does not apply to either the office of the president or the OVP. After this tacit admission that the OVP is part of the executive branch, Addington lectures Kerry on the appropriateness of his questions: “Constitutional issues in government are best left for discussion when unavoidable disputes arise instead of in theoretical discussions.…[I]t is not necessary in these circumstances to address the subject of any alternative reasoning, based on the law and history of the legislative functions of the vice presidency and the more modern executive functions of the vice presidency.” [David Addington, 6/26/2007 pdf file] The Politico’s Mike Allen writes that Addington’s letter amounts “to throwing in the towel on the claim that the vice president is distinct from the executive branch, according to administration officials speaking on condition of anonymity, and the White House has no plans to reassert the argument.” Kerry calls Addington’s letter “legalistic” and a continued attempt to “duck and dodge on agency scrutiny, classified documents.” He calls the entire argument “Orwellian.” Two senior Republican officials say that the claim originated from OVP lawyers and not Cheney himself. Rahm Emanuel (D-IL), who has led a move in the House to strip Cheney’s office of executive branch funding (see June 27, 2007), says the reversal shows that the White House “told Cheney that he would have to come up with another excuse—that this was not sustainable in the public arena.” Emanuel says that regardless of what arguments the OVP makes, it needs to comply with National Archives regulations. [Politico (.com), 6/27/2007]

Entity Tags: John Kerry, David S. Addington, George W. Bush, Mike Allen, Office of the Vice President, Richard (“Dick”) Cheney

Timeline Tags: Civil Liberties

After saying that if Vice President Dick Cheney does not consider himself entirely part of the executive branch, then taxpayers should not fund his executive branch office (see June 24, 2007), House Democrats led by Rahm Emanuel (D-IL) move to strip federal funding for the Office of the Vice President (OVP). Cheney has said that because the vice president is not strictly part of the executive branch, therefore he and his office are not subject to an executive order mandating disclosure of how many documents his office has classified. President Bush has said that neither his office nor Cheney’s is subject to that order. Emanuel notes that, five years ago, Cheney claimed executive privilege in refusing to release information about oil industry executives during meetings of his Energy Task Force. “Now when we want to know what he’s doing as it relates to America’s national security in the lead-up to the war in Iraq and after the fact, the vice president has declared he is a member of the legislative branch,” Emanuel says. Therefore, “we will no longer fund the executive branch of his office and he can live off the funding for the Senate presidency.” As vice president, Cheney presides over the Senate. [CBS News, 6/27/2007] The federal government, through the executive branch, pays about $4.8 million a year to fund the OVP. [Politico (.com), 6/27/2007] After Cheney’s chief of staff David Addington tacitly admits that Cheney is, after a fashion, part of the executive branch (see June 26, 2007), the Democrats drop their proposal to strip Cheney’s office of executive branch funding.

Entity Tags: Rahm Emanuel, David S. Addington, Energy Task Force, Office of the Vice President, Richard (“Dick”) Cheney, George W. Bush

Timeline Tags: Civil Liberties

Larry King.Larry King. [Source: Newsday]After backing down from a confrontation with Congress over his assertion that the Office of the Vice President (OVP) is separate from the executive branch (see 2003 and June 26, 2007), Dick Cheney again implies that the OVP is a separate entity. In two separate media interviews, one with CNN’s Larry King and another with CBS’s Mark Knoller, Cheney makes the argument that as vice president, “I have a foot in both camps, if you will.… The job of the vice president is an interesting one, because you’ve got a foot in both the executive and the legislative branch.” He tells King, “The fact is, the vice president is sort of a weird duck in the sense that you do have some duties that are executive and some are legislative.” To Knoller, he says, “The vice president is kind of a unique creature, if you will, in that you’ve got a foot in both branches.” [Wall Street Journal, 7/31/2007]

Entity Tags: Larry King, Richard (“Dick”) Cheney, Office of the Vice President, Mark Knoller

Timeline Tags: Civil Liberties

The Office of the Vice President (OVP) says it is not part of the Executive Office of the President. It had previously argued it was not part of the executive branch at all (see 2003 and June 21, 2007), but had abandoned that claim two months before (see June 26, 2007). In a letter from Vice President Cheney’s counsel Shannen Coffin to Patrick Leahy (D-VT), the chairman of the Senate Judiciary Committee, Coffin asks for more time to produce documents related to the NSA’s domestic surveillance program. In her letter, Coffin writes that the “committee authorized the chairman to issue subpoenas to the Executive Office of the President and Department of Justice, but did not authorize issuance of a subpoena to the Office of the Vice President.” [Office of the Vice President, 8/20/2007 pdf file] Leahy responds, “The administration’s response today also claims that the Office of the Vice President is not part of the Executive Office of the President. That is wrong. Both the United States Code and even the White House’s own web site say so—at least it did as recently as this morning.” [US Senate, 8/20/2007] The National Journal’s Jane Roh writes, “Any constitutional lawyer worth his or her salt will tell you this line of argument ends badly for Cheney.” [National Journal, 8/21/2007]

Entity Tags: Shannen Coffin, Executive Office of the President, Jane Roh, Patrick J. Leahy, US Department of Justice, Office of the Vice President

Timeline Tags: Civil Liberties

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