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Context of 'June 26, 2007: Addington Tacitly Admits that Cheney’s Office Is Part of Executive Branch'

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J. William Leonard, the head of the National Archives’ Information Security Oversight Office (ISOO), writes to David Addington, Vice President Cheney’s chief of staff, asking for reports on classification activity by Cheney’s office. [J. William Leonard, 6/8/2006 pdf file] The request was prompted by a May 28, 2006 letter from Steven Aftergood of the Federation of American Scientists that states in part, “I believe that the Office of the Vice President is willfully violating a provision of [Executive Order 12958, as amended by President Bush (see 2003)] and of the implementing ISOO directive. Specifically, the Office of the Vice President (OVP) is refusing to comply with the ISOO requirement to ‘report annually to the Director of ISOO statistics related to its security classification program.‘… As you know, the President’s executive order states that this and other ISOO Directive requirements are ‘binding’ upon any ‘entity within the executive branch that comes into the possession of classified information.‘… Yet despite this requirement, the OVP has failed to report on its classification and declassification activity for three years in a row. Moreover, this appears to be a deliberate act on the part of the OVP, not simply a negligent one.” [Federation of American Scientists, 5/30/2006 pdf file] Since 2003, Cheney and his staffers have argued that the Vice President’s office is not strictly part of the executive branch and therefore is not bound by the mandate of the executive orders: Cheney’s officials have also stated they do not believe the OVP is included in the definition of “agency” as set forth in the executive order, and therefore does not consider itself an “entity within the executive branch that comes into the possession of classified information.” [J. William Leonard, 6/8/2006 pdf file] Aftergood wrote in his letter, “Nothing in the executive order excuses the OVP from reporting on classification activity in the performance of its executive duties merely because it also has separate legislative functions. It is hard to see how such an argument could be proposed by a reasonable person in good faith. Since the OVP has publicly staked out a position that openly defies the plain language of the executive order, I believe ISOO now has a responsibility to clarify the matter.… [B]y casting its non-compliance as a matter of principle, the OVP has mounted a challenge to the integrity of classification oversight and to the authority of the executive order. In my opinion, it is a challenge that should not go unanswered.” [Federation of American Scientists, 5/30/2006 pdf file] In his letter to Addington, Leonard notes that until 2002, Cheney’s office did submit such reports to the ISOO. He also notes that under the Constitution, the Vice President’s office is indeed part of the executive branch, and that if it is not, then it is in repeated material breach of national security laws, as it has had routine access to top secret intelligence reports and other materials that are only available to the executive branch. Leonard asks Addington to ensure that Cheney’s office begins complying with the law. [J. William Leonard, 6/8/2006 pdf file] Leonard’s letter is ignored. [Henry A. Waxman, 6/21/2007 pdf file]

Entity Tags: Richard (“Dick”) Cheney, J. William Leonard, Information Security Oversight Office, David S. Addington, 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 years of wrangling over whether the Office of the Vice President (OVP) should disclose how often it exercises its powers to classify documents (see March 25, 2003), and an effort by Vice President Cheney to abolish the Information Security Oversight Office of the National Archives (ISOO) pressing the issue (see May 29, 2007-June 7, 2007), President Bush issues an executive order stating that the OVP is not required to follow the law requiring such disclosure. [Savage, 2007, pp. 164; Henry A. Waxman, 6/21/2007 pdf file] In a letter to Senator John Kerry (D-MA) concerning the matter, Cheney’s chief of staff, David Addington, writes: “Constitutional issues in government are generally best left for discussion when unavoidable disputes arise in a specific context instead of theoretical discussions. Given that the executive order treats the vice president like the president rather than like an ‘agency,’ it 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, to reach the same conclusion that the vice presidency is not an ‘agency’ with respect to which ISOO has a role.” [David Addington, 6/26/2007 pdf file]

Entity Tags: Office of the Vice President, David S. Addington, George W. Bush, National Archives Information Security Oversight Office, Richard (“Dick”) Cheney, John Kerry

Timeline Tags: Civil Liberties

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