Alberto Gonzales, enabler

June 25, 2007

Dick Cheney’s office was required by executive order to report to the National Archives on how it safeguards classified materials. When Cheney refused, the Information Security Oversight Office within the National Archives requested an on-site inspection of the Office of the Vice President. Cheney refused again, arguing it’s not part of the executive branch.

The ISOO, which had never been blocked before, took the matter to the Justice Department, so DoJ lawyers could make clear that Cheney is part of the executive branch. According to Justice, the matter is “currently under review in the department.”

First, it shouldn’t take a long time to answer the question; it’s apparently been “under review” for five months. Second, the reality is Alberto Gonzales & Co. aren’t actually doing anything.

Cheney’s position so frustrated J. William Leonard, the chief of the Archives’ Information Security Oversight Office, which enforces the order, that he complained in January to Gonzales. In a letter, Leonard wrote that Cheney’s position was inconsistent with the “plain text reading” of the executive order and asked the attorney general for an official ruling. But Gonzales never responded, thereby permitting Cheney to continue blocking Leonard from conducting even a routine inspection of how the veep’s office was handling classified documents, according to correspondence released by House Government Reform Committee chair Rep. Henry Waxman.

Why didn’t Gonzales act on Leonard’s request? His aides assured reporters that Leonard’s letter has been “under review” for the past five months — by Justice’s Office of Legal Counsel (OLC). But on June 4, an OLC lawyer denied a Freedom of Information Act request about the Cheney dispute asserting that OLC had “no documents” on the matter, according to a copy of the letter obtained by NEWSWEEK. Steve Aftergood, the Federation of American Scientists researcher who filed the request, said he found the denial letter “puzzling and inexplicable” — especially since Leonard had copied OLC chief Steve Bradbury on his original letter to Gonzales.

Got that? Cheney is refusing to cooperate with an executive order, while Gonzales is refusing to talk to the federal agency responsible for enforcing the executive order.

Remember when Republicans used to present themselves as the law-and-order party?

Of course, as you may have noticed, Alberto Gonzales has been in a wee bit of trouble for his misconduct anyway, and all of this only piques Congress’ interest even more.

Waxman told NEWSWEEK he now plans to investigate the handling of the issue by Justice as well as Cheney’s refusal to comply with the executive order, which he called part of a “pattern” of stonewalling by the veep. Cheney spokeswoman Lea Anne McBride said, “We’re confident we are conducting the office properly under the law.” She also pointed to comments by White House Deputy Press Secretary Dana Perino, who said that Bush, not the National Archives, was the “sole enforcer” of the executive order relating to classified information.

There are some dangerous people running the executive branch of government right now. I honestly can’t fathom how and why any reasonable person could defend them.

“I honestly can’t fathom how and why any reasonable person could defend them.”

well, let’s get some juicy piece of legislation introduced to stop it and see which republicans step to the head of the line to defend it.

  • I honestly can’t fathom how and why any reasonable person could defend them.

    To those who commit and defend such acts, the ends justify any and all means. Their purpose is to demolish conventional understanding of the Constitution and re-interpret it to suit their aims — all the while claiming to uphold the intent of the founders. It’s a twisted game for the ultimate stakes — the republic as we’ve known it.

    If anyone hasn’t read Mark Tushnet’s “Constitutional Hardball,” it’s an excellent take on what we’re seeing here and across the Bush administration. Kagro X has a discussion of the article at The Next Hurrah along with a link to a PDF of Tushnet’s original article.

  • Where are the impeachment articles for Cheney and Abu? Sufficient information exists for them. And as part of bringing the impeachment proceedings, the Dems should publicly let their GOP counterparts know that they (the GOP) have a choice. Support the rule of law and the impeachment of these two blights on humanity, or forever indicate by their opposition that they (the GOP) approve such conduct and are ready for the Dems to treat Cheney’s and Abu’s conduct (on secrecy, wiretaps, politicizing the DOJ, everything) as precedent for the next president and his/her administration, with the high risk that this could be President Clinton (or President Gore and VP Clinton).

  • Re: bubba @ #4
    Where are the impeachment articles for Cheney…

    See House Resolution 333 with a measly 8 cosponsors. The Democratic majority in both houses of Congress are complicit, period.

  • I think the strategy of the administration from the very beginning has been to simply overwhelm the country with so many crimes that it will take years to investigate and prosecute them all. By that time, they will have made their money and retired to the fortified compound in Paraguay.

  • I think it should be pretty clear by now that the Bush administration does not see any reason why the laws and the rules should ever deter them from doing what they want, when they want. To make sure they could proceed as they wished, Alberto Gonzales was installed first as WH counsel, and then as attorney general. It’s his job is three-fold: to make sure that legal opinions are delivered that keep the road free of speed-bumps, to guard the fortress against all incursions by those who seek the details of the workings of the people’s government,a nd to make sure that Republicans win elections.

    When you understand what Gonzales’ value is, you also understand why he has not been asked to resign and why he has not voluntarily done so. He is probably one of the highest level examples of “just following orders,” and both he and Bush/Cheney know that their arrangement is predicated on the principles of Mutually Assured Destruction: if Gonzales gets sacrificed, he spills the beans, and when he starts naming names, they’re all going down.

    All of this is misuse of government and betrayal of constitutional principle at a level I don’t think we have ever seen before. If there is not a concerted effort to draw the line, there is no telling what horror could ensue in a future administration. It is no longer about just stopping the current crop of deranged government officials; it is about making it clear that what these people have been doing, and yet plan to do, will not be tolerated without significant and severe consequences.

    If, somehow and some way, this could be presented not as a partisan witch hunt, or a Democratic theatrical production, but as vital to the future of the country, it might have a teeny-tiny chance of gaining some ground. Republicans who are resistant to standing up to this president should imagine being as passive and defensive when those who are defying the law for the consolidation and misuse of power are Democrats. Unfortunately, I do not see them making the right choice, and more unfortunately, I see the Democrats as being too worried about being labeled partisan to take the action we so desperately need – and want – them to take.

  • “The Democratic majority in both houses of Congress are complicit, period.”

    Hell yes. I note this on every DCCC, DSCC, DNC and individual Dem requrest for money I receive in the mail, and send the request back with my comment and a note that there will be no $$ until there is action on Iraq and impeachment of Cheney and Abu.

  • The Republicans are guilty of shock and awe–this time with America’s laws, and all Democrats should be shouting every day that the Republicans are not the law-and-order party anymore!

  • Come on. Enough of this chicanery.
    Take it to the streets- organize, demonstrate, get loud. Time to save America from these miserable
    bastards.

  • Come on. To say Democrats are complicit with the administration is nonsensical. The Democrats have made a political calculation that the country doesn’t want an impeachment trial and the best way to end the illegalities is to sweep these crooks from power. Regardless of whether you agree, here is a simple fact: withholding money from the party helps the next generation of Republican crooks.

  • Anne, I like your approach and pretty much always read your comments, but your last paragraph @7 seems to contradict itself:

    If, somehow and some way, this could be presented not as a partisan witch hunt, or a Democratic theatrical production, but as vital to the future of the country, it might have a teeny-tiny chance of gaining some ground. Republicans who are resistant to standing up to this president should imagine being as passive and defensive when those who are defying the law for the consolidation and misuse of power are Democrats. Unfortunately, I do not see them making the right choice, and more unfortunately, I see the Democrats as being too worried about being labeled partisan to take the action we so desperately need – and want – them to take.

    Presentation is not something Democrats control, at present, in the face of a right-wing corporate-controlled MSM in the pocket of the RNC. We could go on bashing our head against that wall, but for what? I am of the opinion that ‘presentation’, in the current context, is best left out of the equation. However perfectly devised it cannot presume to survive media distortion. Frankly, it’s a side issue, and as such potentially a distraction.

    .. I see the Democrats as being too worried about being labeled .. Exactly. It’s this fear of being wrongly labeled by a fundamentally bought and unsupportive media that seems to be controlling and paralyzing the Democratic agenda. Concern about appearance and labels would, IMO, be best forgotten for the time being. Concentration on effective, morally and ethically correct, and legally and constitutionally justified action is paramount in the present situation — however it may be twisted and misrepresented. Courage, conviction, consistency and perseverance — if based on truth and virtue — will always win through. Looking fearfully at your image will always defeat you.

  • “Regardless of whether you agree, here is a simple fact: withholding money from the party helps the next generation of Republican crooks.”

    That is one argument, but not really fact. Another argument would be that until the Dems see that their actions (or, in this case lack thereof) have consequences in the one true area that fellow mere voting Dems can have any influence, the Dems will continue to do nothing. They will have learned a negative side/lesson of Republican rule (that if nobody does anything to hold them accountable they will continue to do what they have been doing).

  • Is this the point when historians will declare that the American Republic ceased to exist, replaced by a dictatorship?

  • There are some dangerous people running the executive branch of government right now. I honestly can’t fathom how and why any reasonable person could defend them.

    And I can’t fathom why congress hasn’t moved to impeach them yet. All I can think of is that somehow Big Dick has dug up some serious dirt on the Dems.

  • Goldilocks – I think what I was trying to convey there is that the Dems tend to over think and out-think themselves, so even when they have an issue that is clearly non-partisan, they hedge out of fear that “the other side” will take it and turn it into exactly that. Well, duh – that’s how the other side has always defended itself, by hijacking the debate and putting the Dems on the defensive.

    Here I think there is clearly an issue that should transcend politics, but I have little confidence in the Dems’ ability to counter what would be the GOP’s typical response. Sometimes I feel like the Dems are like a dog that has been beaten so many times that all that is necessary to make the dog behave is just to raise one’s hand.

    And you are absolutely right about the fact that if they have to rely on a media which will not fairly report, the whole thing goes nowhere.

    This feeling of powerlessness and frustration is getting real old.

  • I am tired of all of this. The Republicans overstepping–indeed, overleaping–their historic Constitutional boundaries. Continually, repeatedly.

    The Democrats, too timid to do anything about it.

    I want my country back. And no one’s doing a damn thing to make that happen.

    What is it going to take, Dems? What do you have to see, hear, feel, smell before you will take these un-democratic, authoritarian dinosaurs to the cleaners?

    My wife’s about ready to bolt to Canada. I’m not ready to jump ship yet; I will fight to restore our Democratic experiment. But my drive sputters when I see the lack of action on the part of the Dems. Time is running out.

  • To remove Cheney, 67 senators must vote against him. In theory, they could do this just because they don’t like his arrogance and the stench of mistakes, lies, and improprieties around him, without anything really being proven. However, at the moment, enough Republicans will protect him, just because he’s a Republican.

    Nonetheless, Cheney is very vulnerable. He lied about weapons of mass destruction and Al-Qaida connections to Iraq and dragged us into an ill-advised invasion. His people mishandled national security information (Valerie Plame), and pushed for legalizing torture, secret wiretapping, and denial of habeas corpus. Thus he starts out without much general support, which will fade further if the public faces up to a full list of his mistakes and errors.

    Cheney’s biggest vulnerability is to a sea-change in his support among Republican politicians. Specifically, I think he’s politically dead if they become persuaded that using Cheney as a scapegoat for all the Bush administration’s misdeeds could significantly increase their chances for re-election. Since Cheney has in fact been behind most of the administration’s bad acts, this shouldn’t be hard to do.

    What could trigger such a sea-change? All the Dem caucus except Lieberman are probably on board once it looks like a sure thing, if only for revenge for the firing of insufficiently partisan US attorneys. However, Republicans might be able to excuse that to themselves as “everyone does it” politics, so evidence of a non-partisan and clearly illegal action is needed to tip the scales. Cheney is progressively weakening, so the trigger needn’t be as severe a wrong-doing as things that he has already survived, but it needs to be clearly offensive and new. One good candidate would be release of the remaining Abu Ghraib photos, combined with the Washington Post article about Cheney’s involvement in the legalization and institutionalization of torture. Cheney’s argument that he is not part of the executive branch could do it, in combination with evidence that he’s covering up of some other wrong-doing. (“Rule-of-law” Republicans have to be sickened by the administration’s refusal to follow even their own rules.) A few more hearings should be able to turn up something useful, and public anger that fails to distinguish between Republicans in general and White House excesses would also be helpful.

  • “I honestly can’t fathom how and why any reasonable person could defend them.”

    Has anyone ever met a “reasonable right winger”???

    All the posts today throughout the site merely prove my great-grand-uncle who worked for Truman, Jim McKelvey, right when he said “the only ‘good Republicans’ are pushing up daisies.”

  • The Executive branch has teamed up with the Judicial branch against the Legislative branch. The Legislative branch is the branch that represents the people.
    The people are living in fear of their own government, mostly the Exec./Judicial branches.
    The constitution gives the remedy for this situation but the Legislative branch refuses to use the remedy and this delay is tearing our country apart. The big fear is that soon the congress won’t be in a position to stop this administration from doing grave damage to our nation. I’m talking about war with Iran. I’m talking about the rule of law being side stepped.
    The fear is watching our Democracy go down the tubes because we can’t get our Legislative branch to impeach Bush/Cheney. All we can do is watch and cry.
    This administration knows that if congress hasn’t started impeachment by now then they can do anything because all the Dems will do is say “Oh My” and stomp their feet. “Look, they are shredding the constitution, oh my”.

    The people are powerless to stop them. It’s too inconvenient for congressional Dems to stop them. So all we can do is live in fear and just watch our democracy go down like a setting sun.
    Did I mention crying. The hope is that possibly, maybe, there might be another fair election where a democrat might get elected. Maybe…Like I said…living in fear.

  • NWells@18 is absolutely right. When I read the WaPo articles about Cheney and Abu, and all the “insider” quotes, I took it as purely a reclamation project for W’s legacy. Now future historians can read it, and place the blame squarely on Cheney; poor widdle Georgie Boy had no say against such a powerful, unscrupulous, secretive veep. Teeth-gnashing and hair yanking aside, Dubs is historical toast.( Bushit on a shingle, as the case may be) And unless the Dem Congress acts immediately to start impeaching, Cheney, Gonzo and Rice, they too will forever be tarred as fully complicit and seemingly in concurrance with these unconstitutional affronts.

    And the Dems need to understand,as Anne and Goldilocks have said, that no matter what they do, even making nice and looking away, the thugs are gonna call them all sorts of names and accuse them of partisianship. Ya know? So the Dems just need to say “eff” it and do the effing right thing!

    Pull on one of these strings, and everything else will unravel. Impeachment hearings into only one person in the executive branch will uncover most every other slimy hidden blood sucking leach in the administration.

    And it’s up to us, to keep increasing the pressure on every Dem and Thug we can, and bring about this neccessary reclaimation of our Constitution. If someone else has the tar and pitchforks, I’ll supply the feathers!

    Act everyday in every way to demand congress grows some steal cajones.

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