Genius! If Cheney’s Not in the Executive Branch, He Gets No ‘Executive Privilege’

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Guest Blogged by Joseph Cannon

As you know, Dick Cheney recently declared that the Vice President is not really part of the Executive branch of government. Why? Because he doesn’t want those snoops at the Information Security Oversight Office to stick their unwelcome noses into Cheney-land. (The job of the ISOO is to oversee how everyone within the Executive branch handles classified material.)

Cheney argues that the Veep has a legislative function, since he casts a tie-breaking vote in the Senate — a task he has had to perform all of seven times. By this reasoning, the Veep has worked only seven days since January, 2001. Congressional Democrats have crafted the perfect response:

Following Vice President Dick Cheney’s assertion that his office is not a part of the executive branch of the US government, Democratic Caucus Chairman Rep. Rahm Emanuel (D-IL) plans to introduce an amendment to the the Financial Services and General Government Appropriations bill to cut funding for Cheney’s office.

More than that. Dick Cheney has claimed “executive privilege” a number of times, most notably when asked to disclose his energy policy meetings. Legislators have no such privilege. May we see the documents now?

More than that. Do you know the technical grounds for the impeachment charges brought against Richard Nixon? Subpoenas. Nixon ignored them, and so he had to go. Any congressional committee may now subpoena anything it wants from Cheney’s office. Not a single document in the joint is protected by executive privilege. Not a single person working under Cheney may claim executive privilege. Dick Cheney has made very clear that he is not part of the executive branch of government.

If Cheney does not comply, he becomes instantly and impeccably impeachable.

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Genius! If Cheney’s Not in the Executive Branch, He Gets No ‘Executive Privilege’

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11 Responses

  1. 2)
    Agent 99 said on 6/23/2007 @ 8:39pm PT: [Permalink]

    He’s already more impeachable than anyone in history, and Emanuel’s little stunt, if carried out, would only lend credence to Fudd’s filthy and illegal position. Pathetic. Impeach Emanuel with him.

  2. 3)
    Vicki said on 6/23/2007 @ 9:20pm PT: [Permalink]

    My personal prediction if this is taken to ISOO… nothing will happen! Why do I say this? Look only as far as Mr. William J. Leondard- Director, ISOO. Prior to Bill Leonard’s showing up at ISOO, and his eventual appointment to the position of director, Bill Leonard served in the HQ Office of the Defense Investigative Service (later to become the Defense Security Service). So what, you say; what does that have to do with anything? Well, the Defense Security Service has oversight authority for all defense contractors performing on contracts with classified peramaters attached to them. This included (and includes) contractors such as Halliburton, Lockheed/Martin, Boeing, General Dynamics, etc., etc. The list goes on to the tune of approximately 11,000 + cleared defense contractors. During the middle 1990’s there was tremendous pressure from the defense industry to change the oversight role and mission of the Defense Security Service. No small part of that pressure came from the industrial giants. At that time, Bill Leonard was working in DSS/HQ, Alexandria, VA along with Gregory A. Gwash- DSS, Deputy Director for Industrial Security. Bill Leonard and Gregory Gwash worked closely with the corporate facility security officers (FSO’s) of the defense contractor giants. For example, Lockheed/Martin, Boeing, then McDonnell/Douglas, etc. So what, you say. Leonard and Gwash, working in close concert with those defense industrial FSO’s penned a new Industrial Security Manual (DoD 5220.22-M); one much more open ended, with reduced security requirements, and one subject to much more intrepretation. Should I say, one much more favorable to industry? Again, so what? This was all passed, and signed off by Pentagon authorities to the exclusion of the other signatory User Agencies to the Industrial Security Program. No one ever bothered to actually legally change the Industrial Security Regualtion (ISR 5220.22-R, dated December 1985) that the ISM is supposed to be based upon. Why not? Because that would have taken too much coordination (dare I say visibility) with all the other authorities in the twenty plus other signatory User Agencies to the National Industrial Security Program (NISP). All those other User Agencies would have had their collective input into the regulatory process. Since those days of the middle 1990’s, industry’s influence upon the government regulatory process has continued to grow. There has been far too much movement of individuals in government regulatory oversight roles to industry and vice versa. In too many instances, allegiances have be blurred; and what’s best for industry is not always in the best interest of the nation, or national security.

    And what about Greg Gwash? Well, shortly after completion of the penning of the new industry frendly ISM, he accepted a position as the corporate FSO of the Boeing Company, Seattle. Hummm, now how does that work? You go directly from a position as the oversight authority for 11,000 + defense contractors to the corporate FSO of one of the largest defense contractors in the world.

    And in the last six years it’s only gotten worse. So, what will happen to Cheney? My prediction… nothing!

  3. 5)
    Matt Cunningham-Cook said on 6/23/2007 @ 10:32pm PT: [Permalink]

    I think what Cheney’s office is actually trying to claim that they are a fourth branch of government in legally uncharted territory. That is, there are no specific laws or Supreme Court precedents that pertain to the Vice President’s office, and so his office is doing that now… I agree that he should be impeached, I just think that that is actually a misrepresentation of what they are saying- Cheney’s office is both executive and legislative, and thus is neither….

  4. 6)
    mick said on 6/24/2007 @ 3:44am PT: [Permalink]

    so who’s the actual Dictator Of America ?
    is it bush or cheney ?
    or is it GE ,Boeing or Haliburtons CEO this year ?
    Democracy’s D.O.A.

  5. 7)
    Dredd said on 6/24/2007 @ 4:45am PT: [Permalink]

    Cheney knows less about civics 101 than a 5th grader.

    He “knows” warrantless wiretapping is a function of “his government”, but judges disagree:

    WASHINGTON (AP) – A federal judge who used to authorize wiretaps in terrorist and espionage cases criticized President Bush’s decision to order warrantless surveillance after the Sept. 11 attacks.

    Royce Lamberth, a district court judge in Washington, said Saturday it was proper for executive branch agencies to conduct such surveillance. “But what we have found in the history of our country is that you can’t trust the executive,” he said at the American Library Association’s convention.

    “We have to understand you can fight the war (on terrorism) and lose everything if you have no civil liberties left when you get through fighting the war,” said Lamberth, who was appointed by President Reagan.

    The judge disagreed with letting the executive branch alone decide which people to spy on in national security cases.

    “The executive has to fight and win the war at all costs. But judges understand the war has to be fought, but it can’t be at all costs,” Lamberth said. “We still have to preserve our civil liberties. Judges are the kinds of people you want to entrust that kind of judgment to more than the executive.”

    Lamberth was named chief of the Foreign Intelligence Surveillance Court in 1995 by then-Chief Justice William H. Rehnquist. Lamberth held that post until 2002.

    (Myway News, emphasis added). Here is a link that tells more about Judge Royce C. Lamberth at his court website.

    You can’t trust a shape-shifter from the dark side who does not know how the US Constitution works.

  6. 8)
    Floridiot said on 6/24/2007 @ 5:14am PT: [Permalink]

    #3, Hell, with the voting system we have in place now, he’ll probably get elected pResident

  7. 9)
    Robin Baneth said on 6/24/2007 @ 10:40am PT: [Permalink]

    Democrats has been complicit in taking impeachment off the table and explains how it is possible to have lower approval rating than Dictator I and II. Seems like someone would step into the market void and actually become a strong leader. Barbara Boxer? We still have 18 months to go, are we going to make things right or continue to surf porn and watch Soprano reruns. Daily Show and Cobert Report are actually preventing people from rioting in the streets. W and Dick could care less about being laughed at. 18 months to go …

  8. 10)
    CharlieL said on 6/24/2007 @ 11:56am PT: [Permalink]

    They will go ONE step too far, and then, when all hell breaks loose, we will see some action. They will allow/support the attack on Iran by Israel.

    Gas will go to $5.00+ a gallon, US economy will go into a spin, valuations of stocks will start to drop (the rich will get less rich), and reserves of our military will be stretched the their limits.

    THEN, we’ll see some interesting theater.

    Oh, but of course, this COULD happen in September/October as the new season of American Idol, Lost, and Survivor start, so maybe nobody will notice. Or there could be another Paris Hilton or Scott Peterson episode to take our minds off the pathetic mess that the Rethuglicans and Bush have made of our country.

  9. 11)
    calipendence said on 6/25/2007 @ 6:08pm PT: [Permalink]

    If he’s not part of the executive branch, might the congress only then need a simple majority to impeach and convict this “dick tater” instead of a 2/3rds majority?

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