So, the Vice President exempted himself from an executive order on the handling of classified materials. To rationalize the decision, Dick Cheney and the White House want people to believe that the Vice President is not part of the executive branch of government. No one, anywhere, is buying it.
Yesterday, Cheney’s lawyers rolled out Absurd Rationalization #2.
Vice President Cheney’s office offered its first public written explanation yesterday for its refusal to comply with an executive order regulating the handling of classified material, arguing that the order makes clear that the vice president is not subject to the oversight system it creates for federal agencies.
In a letter to Sen. John F. Kerry (D-Mass.), Cheney Chief of Staff David S. Addington wrote that the order treats the vice president the same as the president and distinguishes them both from “agencies” subject to the oversight provisions of the executive order.
Addington did not cite specific language in the executive order supporting this view, and a Cheney spokeswoman could not point to such language last night.
I’m afraid we’re dealing with crazy people. The executive order, Cheney’s office now argues, makes a distinction between Bush and Cheney on the one hand, and executive-branch agencies on the other. Asked where the executive order says this, Cheney’s office refuses to say.
But here’s the thing: we can read the executive order. Sec. 6.1(b) of the document explicitly states that it applies to any “‘Executive agency…any ‘Military department’…and any other entity within the executive branch that comes into the possession of classified information.” To exempt Cheney, the White House has to argue that he a) doesn’t have access to classified information; or b) is not an entity within the executive branch. Those are the only two options.
Yesterday, Addington tried to create a new option, insisting that the E.O. had language that doesn’t exist. Maybe it was written in disappearing ink? Maybe you need special 3-D glasses to read these hidden provisions?
As painfully stupid as this argument is, it’s the official new White House line. Here’s Tony Snow at yesterday’s briefing:
“Well, keep in mind, what you’re talking about here is an executive order that involves compliance within the executive branch, but it also says that basically for the purposes of the executive order, the President and the Vice President’s offices are not considered ‘agencies’ and, therefore, are not subject to the regulations.”
These folks really must think we’re idiots. They can tell us that a document says something it clearly does not say, and maybe we won’t know better. I know this gang likes to create its own reality, but this is ridiculous. It’s a written document, publicly available for anyone to read. It’s easy to prove they’re lying.
In other words, with their backs up against the wall, Cheney and the Bush gang have taken to simply making things up, fabricating parts of an executive order out of whole cloth.
In the same press briefing, there was another noteworthy exchange.
Q If there is a breach, who is reporting those —
MR SNOW: This is — I don’t know.
Q Does anybody know?
Q I mean, a separate White House security —
MR SNOW: This is something that the ISOO is responsible for overseeing. I’ll try to get you the procedures on it.
Q But you get the question about oversight? If you say, yes, we’re handling intelligence properly, but there’s nobody that says, here’s a breach, because there’s nobody overseeing —
MR SNOW: But the ISOO is overseeing — what I’m being —
Q Not the President and the Vice President’s office.
MR. SNOW: Well, that’s — yes, correct.
Q So, nobody’s watching, basically.
That’s what Snow’s argument boils down to. There’s an E.O. dictating how the executive branch functions when it comes to handling classified materials. The E.O. places a federal agency in charge of oversight. The White House has exempted Bush and Cheney from the E.O., meaning that they’re exempted from oversight.
They’re accountable to no one, just the way they like it.