We’ve all been thoroughly entertained by Dick Cheney’s “unorthodox” argument that he is not part of the executive branch, a policy position the White House has refused to comment on.
Late Tuesday, the Office of the Vice President shifted its rhetoric a bit, arguing that Cheney ignored an executive order because the document exempted him from oversight. (Asked where the E.O. said this, Cheney’s lawyers declined comment. Apparently, you need some kind of decoder ring to read text that doesn’t exist.) Forget about that other argument, they said; it’s no longer operative.
Yesterday, in what I believe was a first, the White House said Cheney never liked that fourth-branch argument anyway.
A White House official placed further distance from the dual role argument by adding that Mr. Cheney did not necessarily agree with it.
See? Dick Cheney’s office started asserting a year ago that the Vice President isn’t part of the executive branch, but the gang has just now come to the conclusion that Cheney isn’t fond of his argument. What a relief.
If the White House doesn’t like the tack, and the VP doesn’t agree with it, and literate people everywhere recognize the argument as sheer nonsense, maybe now the White House can respond to questions about whether Cheney is part of the executive branch?
And if the argument has genuinely fallen out of favor at the White House, maybe someone can tell the Justice Department?
Gonzales & Co. have apparently been struggling with the question for several months. Maybe Cheney can give them a hand.
Rep. Henry Waxman (D-CA) continues his full-court press on Dick Cheney’s claims to be exempt from oversight on how his office handles classified information. In a just-released letter (pdf) to Attorney General Alberto Gonzales, Waxman — joined by House Judiciary Committee Chairman John Conyers (D-MI) and rep. William Lacy Clay (D-MO) — asks after the status of a DOJ review requested by the head of the Archives’ Information Security Oversight Office in January to settle the matter of whether the vice presidency resides in the executive branch. […]
The letter goes on to request information sure to make Gonzales’s life so much easier: who’s involved with the review, what work they’ve accomplished, what (if any) communications they’ve had with the White House or OVP on the question, whether DOJ has taken any position on which branch of government — if any! — the VP belongs to, and more. Closest to the bone, however, is this question: “When you were serving as White House Counsel, were you or anyone in your office involved with the drafting, assessing or otherwise reviewing proposed revisions to the Executive Order in 2003?”
Poor Gonzales & Co. have been mulling over this fairly easy question for months. If the White House no longer has use for the fourth-branch argument, maybe now the DoJ can let the process continue? Stay tuned.