Cheney’s declassification powers

February 16, 2006

When the vice president sat down with Fox News’ Brit Hume yesterday, the political world waited to see what, exactly, Dick Cheney might say about having shot a man last weekend. Looking forward, however, the most interesting exchange may have come near the end, on a subject that has nothing to do with Harry Whittington.

Hume: Let me ask you another question. Is it your view that a Vice President has the authority to declassify information?

Cheney: There is an executive order to that effect.

Hume: There is.

Cheney: Yes.

Hume: Have you done it?

Cheney: Well, I’ve certainly advocated declassification and participated in declassification decisions. The executive order —

Hume: You ever done it unilaterally?

Cheney: I don’t want to get into that. There is an executive order that specifies who has classification authority, and obviously focuses first and foremost on the President, but also includes the Vice President.

True? Maybe not. Steve Clemons, ReddHedd, Georgia10, and Liberal Oasis did pretty thorough reviews of said executive order and found that Cheney’s claim doesn’t stand up to scrutiny. The VP has some fairly broad authority to classify materials, but the VP can’t be his own declassification machine. Cheney wouldn’t respond to the question yesterday about whether he has unilaterally exercised this power, but it’s clear the VP was arguing that he could. He appears to be wrong — and it warrants some follow-up.

In context, of course, this matters enormously. Last week, we learned that Scooter Libby told a grand jury that he was authorized by his “superiors” to disclose classified information to reporters about Iraq’s weapons capability in June and July 2003. And Libby, of course, also helped expose the identity of an undercover CIA agent.

Was the Hume-Cheney exchange the first hint of Libby’s defense? He wasn’t actually leaking classified information because his boss was unilaterally declassifying the information along the way? It sure sounds like it.

What defense? Scooter Libby was indicted on charges of perjury, obstruction of justice and making false statements. In other words, it isn’t that he leaked a classified information in the form of a CIA agent’s name, it’s that he lied to investigators and a grand jury in an attempt to cover it up. Just because Deadeye Dick told him to leak the name, doesn’t mean it’s OK to attempt to hinder an investigation.

  • That would be it, yes, and we’ll end up in a mirror image argument as to whether the President was breaking the FISA law. Progress on this front should also be similar to what we are seeing there – translation – going nowhere. These guys can weasel their way out of anything.

  • “In other words, it isn’t that he leaked a classified information in the form of a CIA agent’s name…”

    Let me rephrase that, Libby leaked Valerie Plame’s name. He just wasn’t indicted for it.

  • Here is a question for you CBer…

    Do you think Brit Hume pulled that question out of his ass?

    Or do you suspect… like I do… that they got together before hand and agreed that this was a great time to unleash that bird shot into America’s face?

  • Remember everyone, rules are for the little people. Cheney don’t need no stinkin’ rules!

    1. The condition of being exceptional or unique.
    2. The theory or belief that something, especially a nation, does not conform to a pattern or norm.
    http://www.answers.com/topic/exceptionalism

    Exceptionalism is a claim, a pattern of claiming, or an assertion that the subject under discussion is claiming, special exemption to commonly-held relationships or principles. It is used most frequently in historical surveys and in association with an assertion of destiny, i.e. that the supposedly exceptional character draws from or is intended or useful for a larger, perhaps ideological, purpose. (from Wikipedia)

  • I DON’T NEED NO STINKING LAAAWWWS! I am the law. Just ask me. It’s in official secret executive order number, wait, I can’t say because it is secret too. If you don’t like it I’ll shoot you in the face too. Funny how Fitzgerald couldn’t get ass half Bush to testi-lie to anything without ass half Cheney there to “smooth out the rough spots” in their testimony. Undoubtedly, there would have been conflicts in their testi-lies. Attorney Criminal Garbanzo conveniently not having to swear to tell the truth during his testi-lying for his “client”, dictator Shrub. Feingold pointed out that Gonzales was under oath at his previous attorney general nomination hearings and he lied then. In addition to screwing up everything they touch, the Bush criminal organization (and that’s what it is) has consistently shown no scruples or morals about having people die as a result of their actions or failures. Now we should believe Dead Eye Dickhead gives a rat’s ass about Whittington. Cheney’s “interview” is Republican damage control through Fux news, Bush’s favorite bullshit dispenser. Cheney has more blood on his hands than he can ever wash off if he lived to be 200 and it’s not Whittington’s. Anything is justified to these vermin as long as they achieve their goals. Gee, I would hate to see Dead Eye Dickhead’s poll numbers drop. Besides, we don’t really need a government anymore if Cheney can do all these extra things like classifying and de-classifying documents at will. IT’S STILL F__KING FUNNY. TAKE GEORGE NEXT TIME, DAMN IT.

  • I’m with Koreyel.

    The question: “Let me ask you another question. Is it your view that a Vice President has the authority to declassify information?” is not one which would come up ‘naturally’ when you’re interviewing a guy who just shot someone in the face, sending that someone to ICU for at least ten days.

    If that question isn’t evidence of a pre-scripted interview, with questions dictated by the interviewee, I don’t know what is.

  • Do you think Brit Hume pulled that question out of his ass?

    The question: “Let me ask you another question. Is it your view that a Vice President has the authority to declassify information?” is not one which would come up ‘naturally’ when you’re interviewing a guy who just shot someone in the face, sending that someone to ICU for at least ten days.

    You guys raise a very compelling point. I must be having an off day — it never occurred to me.

  • Wow tko take a breath, I agree with you but I think your going to get hurt and pull something. I am still waiting to see if they are going to try to make Bush liken to some evil Roosevelt, pull something off right before election so we would have to suspend them. The sad part is it might work.

  • Jeremy, apparently you think my tirade was over the top. Well, the only thing I regret about it was that I insulted vermin comparing them to the Bush Administration. Obviously, I should just keep my mouth shut like most people. That’s worked so well for us up to now hasn’t it?

  • What, I don’t get any credit for bringing this up ten threads ago?

    You should include the follow-up questions asking about the damage done by the leaks of the NSA spying and CIA secret prisions.

    Ammazing how Brit and Dick are so horrified by these, but not by Scooter leaking the identity of a covert American agent or portions of the most top secret intelligence product in the country.

  • George Bush and Richard Cheney were elected [TWICE!], and Gore and Kerry were rejected. It rhymes, so its easy to remember. Therefore, get informed, Liberals, so you can begin to contribute, as Citizens should, to the political discussions of a republic. This morbid howling and whining, illogic chopping reassurances to each other, is unseemly in citizens of the World’s Only Super-Power. Be positive! Support our PRESIDENT! He’s the only one we have! With your help he’ll bring us through the Storm!

  • Andrew Sullivan quotes an interesting timeline (from Byron York of the National Revew, of all places):

    On March 3, 2003 — Joseph Wilson writes an article in the Nation in which he claims that “America has entered one of it [sic] periods of historical madness.”

    March 23, 2003 — Executive Order 13292, giving the Vice-President explicit authority to declassify information, is issued.

    July 6, 2003 — Joseph Wilson writes his article in the New York Times disputing the intelligence that Saddam Hussein attempted to acquire nuclear materials in Africa.

    July 14, 2003 — Robert Novak’s column outs Valerie Plame .

  • To: “tko”
    I sometimes take in stray Liberals in dire need of Re-Education. You’ll find the first month mentally exhausting, but you will thank me as you become adept at political/economic analysis and evaluation. The first lesson: Learn to recognize the would-be RENTIERS on the LEFT. They can be Invidious as well as insidious. I find them HIDEOUS! So can YOU!

  • Wampuscat, obviously, you are far from home and you are far from reality. I won’t ever thank you for anything because you obviously still support our misleader with the blazing IQ of 81. As a matter of fact, Diebold and the supreme court, with their one time ruling that can’t ever be applied to any other case, had more of an input as to who our president is than the voters. I would say you are in need of re-education. So to sum it up since you are still a staunch Shrubbie, let me quote one of your heroes. Go F__k yourself!

  • Well wampusscat,you my friend ,are ready to join dead-eye Dick on Brokeback mountain,and he`s bringing his new gun.

  • Lance – I do remember you bringing it up.
    Credit is due. I believe you said it was the
    most important aspect of the interview. It
    was. A t-ball placed carefully by Hume for
    Cheney to hit out of the park. But it may not
    reach the stands.

  • Cheney the crooked smiling God King has many powers beyond mere declassification of secrets. He can create mindless drooling droid trolls and send them out to bedevil his detractors and try to change the subject.
    Cheney would have done better in ancient times as an all powerful Roman Emperor. Then powers were truely “unitary” and where blood lust could go well beyond quail and the occasional lawyer.

  • Regarding classification authority:

    According to Clinton’s edit of the Executive Order, VP Gore could classify information.

    And Cheney gets to classify information too.

    According to the Executive Order, one classification agent should not declassify information classified by another agent.

    The CIA, under George Tenet’s authority, classified Valeria Plame’s CIA employment.

    The National Intelligence Estimate (NIE) was classified not just by George Tenet as Director Central Intelligence but by every contributing agency.

    How much you want to bet Cheney asked either the CIA to declassify Plame (which we know he didn’t because the CIA asked the Justice Department to investigate the leak) or if Cheney asked anyone in the Intelligence Community if he could endanger their sources and methods by unilaterally declassifying the NIE?

    Believe me wherefore I speak, this was not done legally. And the legal declassification of the NIE a month later probably had to include information we would have prefered not to release just because Cheney had already spilled it to the New York Times through Scooter.

  • The first question should be, was Plame declassified?

    Just because Cheney may have instructed Libby to leak it, doesn’t mean he actually went through the declassification process. (Whether he had the power or not, is interesting but unimportant, if it wasn’t done.)

  • Why do Liberals choose to remain so obtuse and palely loitering here at Mme. Carpetbagger’s Salon, when they could be contributing to a solid United States VICTORY (as in the olden times under the guidance of the Great Ronald Wilson Reagan) in The Global War On Terror? Are they so ardent to squirm under that severe political Dominatrix, Senator Hillary Rodham Clinton, that they will conspire with the Slaves Of The Prophet (may GOD treat him justly) to reduce us Right-Thinking Americans to Dhimmitude, surrendering our youths and maidens to a reinvigorated Sublime Porte, after inspection by their Dread Mistress supervising the ghormly tribute of the flesh? Or do they only seek jobs that pay well with great status and provide sore mobs of humanity to herd to the NEW SOCIALIST MAN PARADISE, after some more eggs have been broken?

  • Jesus! Where did this guy come from? “Dread Mistress supervising the ghormy tribute of the flesh?” What the hell is that? I thought we were talking Dick Cheney’s newfound classifying/declassifying powers.

    I think The Carpetbagger Report is a thoughtful, well-written site. Can’t we get better trolls?

  • Need a dictionary to read waumpuscat’s posts? You guys call George Bush dumb! (even though he has beaten the liberals at every turn).

  • The LEFT has experimented with creating the Earthly Paradise extolled by Marx and Lenin. After a 100,000,000 premature deaths, suggested by that recip for human omelets, and the grinding toil of hundreds of millions more, all for naught, it would have occurred to persons with a connection to reality that Hong Kong provides a superior sicio-political model to the on-going flesh-devouring experiment in Peking. Red China is now Brown, as the mainland society slips ever further into the mire of Fascism, while the optimist in me can only hope that they discover a salvic Franco ere a Hitler seizes the throne and leads a billion coolies over the nuclear (or nucular) precipice. The aspiring RENTIERS of the American LEFT, today exhibiting their fell ambitions on these screens, appear willing to doom their progeny to servitude or the mass graves of despotism in order that these RENTIERS can presently live well, with exalted status as government lackeys wielding government grants producing output good enough for government work. America is near a tipping point, and, as Woodrow Wilson has shown us, the wrists can be hung with fetters when the mind in numbed with free-floating hatred. Examine your own souls, Liberals!

  • Just another example of the foxes running the henhouse in this country. These people are placing themselves into a position of authoritarian rule, where they make the “rules” and decide how the “game” is played.

    This nation’s separation of powers, the hallmark of our democracy, is under siege. These people are despicable, and they’re doing it all in the name of a fabricated “war”. Or as they have begun to call it, “The Long War”.

  • Rege- RE: Know your Trolls.
    I’m impressed. Waumpuscat is an authentic ordained trailer hauling Christian right wing wacko out to save our souls, but not open to real discussion… and thus can be properly ignored in the future.

  • And it’s a LONG WAR we had better win. I have seen the people of a defeated Great Power in their moment of abject humiliation. It wasn’t pretty. It’s infinitely better to be the victor!

  • Wompisscat, You and your hero Shrub are some of the best arguments for birth control I’ve ever had the misfortune to ever run across. Go back under your bridge piss cat. You and your butthead buddy Blew Toad on Huffington. People like you that are so dense that you continue to vomit the bush spiel in the face of facts that refute all of your prerecorded bullshit. Like I said earlier, Go F__k yourself.

  • “The first question should be, was Plame declassified?” – Rermj

    Of course not. The CIA asked the Justice Department to investigate the leak of Valerie Plame’s CIA employment. Thus, they had the information still classified as secret. No one asked them if it was alright to declassify this information, thus the Executive Order that requires notification by one declassification agent of their intent to declassify information classified by another agent did not happen.

    You have to understand that losing Plame as a covert agent assigned to track and prevent proliferation of nuclear weapons represents a major loss of capability for this country. Not only can she no longer work these issues, but every contact she has ever made in the third world is now at risk of their life because of this revelation. Nor will it be easy for future US agents to recruit with revelations like this happening.

    Oh, and waum…, comparing good American citizens hoping their government might actually follow laws and regulations to Chinese communists is just pathetic. As for this being a long war, if the Bush administration had caught Osama bin Laden at Tora Bora, the war would be over.

    It took a democratic administration one year, five months and eleven days to kill Admiral Isoroku Yamamoto, Commander in Chief of the Japanese Combined Fleet, and the mastermind of the attack on Pearl Harbor. One year, five months and eleven days after 9/11/2001 was 2/22/2003. So where is Osama?

  • I AGREE WITH LANCE. THE OUTING OF A COVERT CIA OPPERATIVE IS SERIOUS AND I AM OFFENDED BY SOME MORON SUGGESTING THAT ASKING FOR ACCOUNTABILITY IS SOMEHOW UNPATRIOTIC. THE WHOLE MENTALITY OF THAT MINDSET IS SO ORWELLIAN. WAR IS PEACE. GO AWAY WAUMPUSCAT UNTIL YOU HAVE AN LEGIBLE AND COHERENT THOUGHT TO SHARE.

  • What do “ghormly” and “sicio-political” mean, anyway? Shouldn’t pseudo intellectuals aought to be required words that actually exist?

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