So lots on Cheney this week, including a huge article in the Washington Post that's been a year in the making and the first of four reports. Think Progress already has some comments on it.
Rolling Stone has a long article on The Secret Campaign of President Bush's Administration To Deny Global Warming. Think Progress points out "The report highlights Dick Cheney’s surreptitious role in developing Bush’s pro-industry climate agenda, arguing Cheney took “full advantage of the president’s cluelessness” on climate change. Rolling Stone argues Bush played along with Cheney’s arm-twisting, which culminated most recently in his decision to bypass the G8 climate resolution"
Here's more on previous posts about Cheney not reporting statistics on document classification in compliance with an executive order for all executive branch departments because his office isn't part of the executive branch.
Apparently one of Cheney's arguments is that since he, as VP is President of the Senate is part of the legislative branch. In response, House Democratic Caucus Chairman Rahm Emanual (D-IL) said "he plans to propose next week, as part of a spending bill for executive operations, a measure to place a hold on funds for Cheney's office and official home until he clarifies to which branch of the government he belongs. Emanuel acknowledged that the proposal is just a stunt, but he said that if Cheney is not part of the executive branch, he should not receive its funds."
Andrew Sullivan follows up: "I don't think this is a trivial matter, because it seems to me that Cheney is currently an extremely dangerous man. He has nothing to lose in the next eighteen months. He cannot get any less popular. He thinks the 2004 election is the only legitimacy he needs. He doesn't believe the Congress should have any role in foreign policy. And he also believes that Iran must not develop nuclear power and that no one apart from him can stop them. The drum beat coming from his office about Iran's direct involvement in the Iraq war is obviously a preamble to claiming that the 2003 war authorization gives him and Bush the right to bomb Iran without going back to the Congress for approval. He's a man ready and willing to pull a Cambodia. If the Congress and the press don't start pushing back now, it may come sooner rather than later."
Daily Kos points out that yesterday the White House said the order doesn't apply to Bush's office either and goes on to quote sections of Executive Order 13292 that seemingly apply to both Bush and Cheney. "The President and/or the Vice President have roles, tasks, responsibilities, obligations and entitlements prescribed for them no less than 30 times in this document. But... none of it applies to them. No siree, Bob. Move along, people. Nothing to see here. Look! It's the B.F. Goodrich blimp! And it's getting an expensive haircut!"
Here's the original Executive Order 12958. Bush's Executive Order 13292 updated it in March 2003. From that update, Section 6.1 (b) "Agency" means any "Executive agency," as defined in 5 U.S.C. 105; any "Military department" as defined in 5 U.S.C. 102; and any other entity within the executive branch that comes into the possession of classified information. 5 U.S.C. 105 says "For the purpose of this title, “Executive agency” means an Executive department, a Government corporation, and an independent establishment."
Sec 1.3 lists the Vice President as having "the authority to classify information originally". Sec. 5.4. says "Heads of agencies that originate or handle classified information shall:" amongst other things "designate a senior agency official" to "provide a full accounting of the agencys special access programs at least annually;". Seems pretty clear to me. It's interesting that Cheney's argument could be that he's not part of the executive branch, there are 6 times in the order that it refers to the Vice President's "executive duties".
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