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Profile: Keith Koffler
Keith Koffler was a participant or observer in the following events:
Dana Perino. [Source: Associated Press]White House spokeswoman Dana Perino reacts with confusion to Vice President Dick Cheney’s recent assertions that the vice president is neither wholly part of the executive nor legislative branches (see 2003 and June 21, 2007). Perino says in response to reporters’ questions: “I’m not a legal scholar… I’m not opining on his argument that his office is making… I don’t know why he made the arguments that he did.” Reporter Keith Koffler remarks, “It’s a little surreal,” to which Perino replies, “You’re telling me.” Koffler presses, “You can’t give an opinion about whether the vice president is part of the executive branch or not? It’s a little bit like somebody saying, ‘I don’t know if this is my wife or not.’” Asked if President Bush believes Cheney is part of the executive branch, Perino sidesteps, calling it “an interesting constitutional question.” After further dodging, reporter Helen Thomas says, “You’re stonewalling.” Reporter Jim Axelrod suggests Perino is denying “sky-is-blue stuff” and points out that Cheney’s assertion revises “more than 200 years of constitutional scholarship.” Koffler continues, “He can’t possibly argue that he’s part of neither [branch], and it seems like he’s saying he’s part of neither.” Perino finally surrenders, “Okay, you have me thoroughly confused as well.” Cheney’s current position—he will not comply with an order governing the care of classified documents because the vice presidency is not “an entity within the executive branch”—contradicts his 2001 argument that he would not cooperate with a Congressional probe into the activities of his Energy Task Force because such a probe “would unconstitutionally interfere with the functioning of the executive branch.”
'Neither Fish Nor Fowl' - The Washington Post’s Dana Milbank writes, “Cheney has, in effect, declared himself to be neither fish nor fowl but an exotic, extraconstitutional beast who answers to no one.” Senator Charles Schumer (D-NY) agrees, saying: “The vice president’s theory seems to be one almost laughable on its face, that he’s not part of the executive branch. I think if you ask James Madison or Benjamin Franklin or any of the writers of the Constitution, they’d almost laugh if they heard that.” [Washington Post, 6/26/2007; Wall Street Journal, 7/31/2007] Interestingly, Perino does assert that Henry Waxman (D-CA), chairman of the House Oversight and Government Reform Committee, has no standing to investigate the compliance of the vice president’s office with the executive order. “The executive order is enforced solely by the president of the United States,” she says. “I think this is a little bit of a non-issue.” The government watchdog organization Citizens for Responsibility and Ethics in Washington (CREW) retorts that, if Cheney and Perino are to be believed, then the Office of Senate Security, the counterpart to Waxman’s committee, should investigate Cheney’s office. “By claiming the Office of the Vice President is within the legislative branch does Mr. Cheney agree that he is subject to Senate security procedures?” CREW executive director Melanie Sloan asks. “The Security Office’s standards, procedures and requirements are set out in the Senate Security Manual, which is binding on all employees of the Senate.” [Raw Story, 6/24/2007]
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]
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