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Thursday, February 16, 2006

New Vice Presidential Power

Interesting...

Near the end of the interview, Fox anchor Brit Hume brought up a controversy arising from the CIA-leak case, in which prosecutor Patrick Fitzgerald said in court papers that former top Cheney aide Lewis Libby testified he had been authorized "by his superiors" to disclose information about the classified National Intelligence Estimate to members of the press. "Is it your view that a Vice President has the authority to declassify information?" Hume asked.

"There is an executive order to that effect," Cheney said.

"There is?"

"Yes."

"Have you done it?"

"Well, I've certainly advocated declassification and participated in declassification decisions. The executive order — "

"You ever done it unilaterally?"

"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."

Cheney was referring to Executive Order 13292, issued by President Bush on March 25, 2003, which dealt with the handling of classified material. That order was not an entirely new document but was, instead, an amendment to an earlier Executive Order, number 12958, issued by President Bill Clinton on April 17, 1995.


If the Vice President has the power to unilaterally de-classify material it certainly takes the wind out of the sails of the Democrats, who have of late been calling for Cheney to resign over revelations that Libby was ordered to "leak" information by superiors.

As I've said before, there is hardly anything wrong about Libby "leaking" parts of the National Intelligence Estimate reports (parts of which are pretty frequently made public anyway) especially if the information "leaked" was de-classified by someone who had authority to do so. Like the President. Or, perhaps in this instance, the Vice President.

Comments

Avatar for richard

Yeah I am sure that they were sitting around one day and said we need to have the V.P. be able to declassify stuff in case we want to leak information.

richard on February 16, 2006 at 09:07 am
Avatar for FreeRepublicans.com

Who ever had the bright idea to give the VP this power should be fired.

 

"They keep attacking us for over using our exective power."

"Lets give ourselves more power!"

 

Seriously, are they trying to give the other side ammo?  

FreeRepublicans.com on February 16, 2006 at 02:55 pm
Rob
Rob
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I don’t think it is as bad as all that.  The power to de-classify is already with the Executive.  The only thing that has happened here is that the chief executive has delegated some of that power.

Not that big of a deal, really. 


When the people fear their government, there is tyranny; when the government fears the people, there is liberty.

-- Thomas Jefferson

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Rob on February 16, 2006 at 02:58 pm
Avatar for The.Whistler

Do you want this power to reside with some nameless bureaucrat or let the Vice President of the USA do it too.

The.Whistler on February 16, 2006 at 04:28 pm
Avatar for FreeRepublicans.com

"The power to de-classify is already with the Executive."

 

No, that power has ALWAYS been with the Director of the CIA.

 

The President has no power to unilaterally declassify, at least he didn’t used to.

 

At some point Reagan was ask a question about Area 51 and and he answered that he wasn’t privy to that info. 

 

 

FreeRepublicans.com on February 16, 2006 at 05:43 pm
Rob
Rob
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All due respect, but I don’t think you know what you’re talking about.


When the people fear their government, there is tyranny; when the government fears the people, there is liberty.

-- Thomas Jefferson

Rob’s recently listened-to songs:

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Rob on February 16, 2006 at 05:44 pm
Avatar for robert108

I’m much more worried by the terrorist-sympathizing MSM leaking classified info, like the NSA monitoring program, than I am about an elected official doing his job.  The leftie MSM seems to hate the President and to love Saddam and that nut in Iran.  I don’t trust them.

robert108 on February 16, 2006 at 05:59 pm
Avatar for 2Hotel9

There are varying, interconnected, layers of hierarchies of classification. Civilian and Military are quite different. No one individual can declassify Military documentation. It is a rather involved process. Once materiel is placed within the pervue of the Executive Branch it has already been through several stages, and the decision whether it shall remain Classified or not has been made. No matter what hocus-pocus people try to attribute to the Patriot Act, the VP can not just walk into the Pentagon or Nat. Archives, pick a Top Secret document at random and de-classify it. Just not how it works.

2Hotel9 on February 16, 2006 at 06:37 pm
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