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Context of 'Late July, 2007: Cheney Still Says Office of Vice President Not Strictly Part of Executive Branch'

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Vice President Dick Cheney’s office refuses to disclose information about trips taken by its employees that are paid for by private financiers. The rationale is that since the Office of the Vice President (OVP) is not strictly part of the executive branch (see 2003), it need not disclose the information under the laws applying to that branch of the federal government. From this time forward, Cheney’s office repeatedly responds to inquiries by the Office of Government Ethics with letters stating “that it is not obligated to file such disclosure forms for travel funded by non-federal sources,” Kate Sheppard and Bob Williams of the Center for Public Integrity will write in 2005. “The letters were signed by then-Counsel to the Vice President David Addington…. 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.” Judicial Watch’s Tom Fitton will say that Cheney and his staff believe “the vice president is a constitutional office that is not subject to the laws that others in the executive branch are.” [Center for Public Integrity, 11/16/2005]

Entity Tags: David S. Addington, Bob Williams, Center for Public Integrity, Judicial Watch, Kate Sheppard, Tom Filton, Office of the Vice President, Richard (“Dick”) Cheney

Timeline Tags: Civil Liberties

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

President Bush signs Executive Order 13292 into effect. Innocuously titled “Further Amendment to Executive Order 12958,” and virtually ignored by the press, the order gives the vice president the power to unilaterally classify and declassify intelligence, a power heretofore reserved exclusively for the president. The order is an unprecedented expansion of the power of the vice president. Author Craig Unger will explain: “Since Cheney had scores of loyalists throughout the Pentagon, the State Department, and the National Security Council who reported to him, in operational terms, he was the man in charge of foreign policy. If Cheney wanted to keep something secret, he could classify it. If he wanted to leak information, or disinformation, to the New York Times or Washington Post, he could declassify it.” Moreover, Unger will write, the order grants “a measure of legitimacy to Cheney’s previous machinations with the national security apparatus, and in doing so it consolidate[s] the totality of his victories.” Combine the order with the disabled peer review procedures in the intelligence community, the banning of dissenting voices from critical policy deliberations and intelligence briefings, and the subversion of the National Intelligence Estimate on Iraq (see October 1, 2002), and the nation has, Unger will write, an effective vice presidential coup over the nation’s intelligence apparatus. Cheney, Defense Secretary Rumsfeld, and the administration neoconservatives now effectively run that apparatus. [White House, 3/25/2003; Unger, 2007, pp. 298-299]

Entity Tags: US Department of Defense, National Security Council, Donald Rumsfeld, George W. Bush, US Department of State, Richard (“Dick”) Cheney, Central Intelligence Agency, Craig Unger

Timeline Tags: Civil Liberties

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

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

J. William Leonard, the director of the National Archives’s Information Security Oversight Office (ISOO), writes to Attorney General Alberto Gonzales requesting an opinion on Vice President Dick Cheney’s decision to exempt his office from the mandate of Executive Order 12958. The order requires that everyone in the executive branch take steps to protect and secure classified information regarding national security, and report periodically to the ISOO (see 2003). Cheney’s position is that the vice president’s office is not strictly part of the executive branch. 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 Gonzales to determine that Cheney’s office does indeed fall under the mandate of the executive order. [J.William Leonard, 1/9/2007 pdf file] Gonzales will ignore the letter; Cheney’s office will attempt to abolish the ISOO (see May 29, 2007-June 7, 2007). [Henry A. Waxman, 6/21/2007 pdf file]

Entity Tags: J. William Leonard, Alberto R. Gonzales, Information Security Oversight Office, Richard (“Dick”) Cheney, National Archives and Records Administration

Timeline Tags: Civil Liberties

J. William Leonard, the director of the Information Security Oversight Office (ISOO) of the National Archives, testifies before the House Oversight Committee that David Addington, the chief of staff for Vice President Dick Cheney, attempted to eliminate ISOO in retaliation for its request that Cheney’s office report its classification activities (see 2003 and January 9, 2007). Since 2003, Cheney’s office has said that it is not required to follow a brace of executive orders mandating annual disclosure of information about its classification activities to the ISOO. According to Leonard, Addington tried to have the executive orders rewritten to abolish the ISOO and to exempt the Office of the Vice President (OVP) from oversight. Leonard says that those proposed changes were rejected. [Henry A. Waxman, 6/21/2007 pdf file; New York Times, 6/22/2007; Newsweek, 12/27/2007]

Entity Tags: Information Security Oversight Office, David S. Addington, House Committee on Oversight and Government Reform, J. William Leonard, National Archives and Records Administration, Office of the Vice President

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

Congress Daily reporter Keith Koffler writes an article saying that Vice President Dick Cheney’s own words contradict his assertions that the vice president is not a true member of the executive branch (see 2003 and June 21, 2007). Cheney once did note he is “a product of the United States Senate” and has no “official duties” in the White House—but those words were intended as a joke. According to Knoffler, on more serious occasions Cheney has repeatedly insisted that he is a fully-fledged member of the executive branch (see April 9, 2003 and April 14, 2004). Just after assuming office, President Bush asserted the same thing (see Late January, 2001). Knoffler finds that the White House Web site notes, “To learn more about the executive branch please visit the president’s Cabinet page on the White House Web site.” Clicking on the “Cabinet page” shows Cheney to be a member of the Cabinet. The Senate Web page, on the other hand, reads: “During the twentieth and twenty-first centuries the vice president’s role has evolved into more of an executive branch position, and is usually seen as an integral part of a president’s administration. He presides over the Senate only on ceremonial occasions or when a tie-breaking vote may be needed.” [Congress Daily, 6/29/2007]

Entity Tags: George W. Bush, Richard (“Dick”) Cheney, Keith Koffler

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

J. William Leonard, resigning his post as the director of the Information Security Oversight Office (ISOO) at the National Archives after 34 years of government service, says his battles with the Office of the Vice President (OVP) are a contributing factor in his decision to resign. Leonard’s office challenged Dick Cheney’s attempt to declare his office exempt from federal rules governing classified information, and in return Cheney’s chief of staff, David Addington, attempted to have ISOO abolished (see 2003 and May 29, 2007-June 7, 2007). Leonard is described by Archivist Allen Weinstein as “the gold standard of information specialists in the federal government.” Leonard says that he was “disappointed that rather than engage on the substance of an issue, some people would resort to that.” Leonard says he was frustrated when President Bush announced that he never intended for Cheney’s office to have to comply with classification reporting rules: “I’ve had 34 years of frustration. That’s life in the big city. I also accept that I’m not always right…. But this was a big thing as far as I was concerned.”
Possible Connection to Plame Affair - Leonard refuses to say whether he believes the timing of Cheney’s decision—the fall of 2003, the same time as the media began paying attention to the outing of CIA agent Valerie Plame Wilson—is significant, but “some of the things based on what I’ve read [have] given me cause for concern.” Leonard says that some of the exhibits in the trial of former Cheney chief of staff Lewis Libby were annotated “handle as SCI,” or “sensitive compartmentalized information,” including an unclassified transcript of a conversation between Cheney and his staff members about concocting a plan to respond to the media over the allegations of Wilson’s husband, Joseph Wilson.
National Security vs. National Security - Leonard believes that the government needs to “introduce a new balancing test” for deciding whether to classify information. “In the past, we’ve looked at it as, ‘we have to balance national security against the public’s right to know or whatever.’ My balancing test would be national security versus national security: yes, disclosing information may cause damage, but you know what, withholding that information may even cause greater damage…. And I don’t think we sufficiently take[…] that into greater account. The global struggle that we’re engaged in today is more than anything else an ideological struggle. And in my mind… that calls for greater transparency, not less transparency. We’re in a situation where we’re attempting to win over the hearts and minds of the world’s population. And yet, we seem to have a habit—when we restrict information, we’re often times find ourselves in a position where we’re ceding the playing field to the other side. We allow ourselves to be almost reduced to a caricature by taking positions on certain issues, oh, we simply can’t talk about that.” [Newsweek, 12/27/2007]

Entity Tags: Valerie Plame Wilson, Richard (“Dick”) Cheney, Office of the Vice President, Lewis (“Scooter”) Libby, Joseph C. Wilson, David S. Addington, National Archives and Records Administration, Allen Weinstein, J. William Leonard, Information Security Oversight Office, George W. Bush

Timeline Tags: Civil Liberties, Niger Uranium and Plame Outing

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