Wow, I Didn't Realize Cheney Has That Level Of Power
Can someone please tell me where it is written that Vice Presidents are legally authorized to declassify information at his discretion? I haven't been able to find that info.
Vice President Dick Cheney says he has the power to declassify government secrets, raising the possibility that he authorized his former chief of staff to pass along sensitive prewar data on Iraq to reporters.
Cheney coupled his statement in a TV interview Wednesday with an endorsement of I. Lewis "Scooter" Libby, his ex-aide. Libby is under indictment on charges of perjury, obstruction and lying to the FBI about disclosing the identity of undercover CIA officer Valerie Plame.
by MG at 7:58 AM
13 Comments:
Here's your answer:
http://www.nationalreview.com/york/york200602160841.asp
Yes, I know you hate National Review, but if anything this is red meat for liberals.
Don't say I never gave you anything...
Actually, that doesn't really answer the question. It explains how the VP was given original classification authority, but not declassification authority. Honestly, I don't know if there's something that says "anyone who has classification authority also has declassification authority". But unless there is something to that effect, then this EO absolutely, positively does not grant him that power.
Even if it does, it specifies that the VP only has this authority "in the performance of executive duties", which means that if this authority is going to be used as a defense for the Plame leak, he'd have to show that declassifying & leaking her name to the press was somehow related to his official VP duties. He'd also have to demonstrate that he did, indeed, officially declassify the information before the leak.
But, it's a ploy & excuse. Nothing more. Let's say for a moment that the VP really does have declassification authority. And let's say for a moment that Cheney did, indeed, have a legitimate "executive duty" to declassify it. And let's say that he did, indeed, declassify it before Libby leaked it. Why did he wait 3 years to bring this up? Why didn't he (and the administration) from the very get go point out that the information had been declassified and therefore no violation of law took place? Cheney knows Libby's rolling over, and that fingers are going to be pointing at him. So he's revving the spin machine up for his defense.
The document and information classification rules are done by executive order. The President can delegate anyone, and can do it informally, even orally.
"The classification system is rooted for the most part not in statute but in executive order. ...In the case of the NIE, the White House was free to declassify it at a moment's notice," said Steven Aftergood, director of the project on government secrecy at the Federation of American Scientists, which favors increased public access to government information.
http://online.wsj.com/public/article/SB113962394427971509-SxvKTMRwU5_LYrIOE3ZlhHfnkfw_20060313.html?mod=tff_article
Maybe this is why NO ONE has been charged with leaking classified information....
Freaky. I posed this very question about VP declassifaction power here on MoxieGrrrl just a few days ago.
Moxie...you don't think Brit Hume stops by here do you? Hee-heee.
A classification authority can declassify a document he himself classified originally. Since the Vice President supervises no one but his own staff, he would only be able to also declassify documents originally classified by them in his supervisory capacity. Otherwise, Aldrich Ames could have declassified the documents he passed to the Russians and no crime would have occured.
You're get hunging up on legalities that will not be resolved.
The real question is how does Cheney's "declassification" comment fit in with Libby's "defense" to the charges he's facing.
Will he just argue that Cheney gave him broad power to do any thing necessay to advance the Admin's Iraq position? That takes care of the "leak" but not the perjury.
Cheney has an end-game with the this comment; it can't be as simple as trying to divert attention away from shooting the old guy in the face ... can it?
http://adviceandconsent.blogspot.com/2006/02/cheney-my-bad-part-2-plame-status.html
Jeeze, folks, can't you get it into your little bitty brains? The declassification issue is moot! There are no laws, rules, statutes, articles, amendments or judgements that restrain the Co-President in a time of war. He can RETROACTIVELY declassify material and give no reason whatsoever. Even if it weren't already stated in the Constitution(see article II), who's gonna stop him? Congress? The 'People'? The 'Fourth Estate'? I don't THINK so. Go about your petty little lives and leave the business of ruling to The Rulers.
So Noodle you're not curious if after over two years of investigations with reporters being jailed, it was all a big mistake because Plame status was declassiffied all along.
Did he declassify the Plame Memo memo as well?
"A classified State Department memorandum central to a federal leak investigation contained information about CIA officer Valerie Plame in a paragraph marked "(S)" for secret, a clear indication that any Bush administration official who read it should have been aware the information was CLASSIFIED, according to current and former government officials."
The whole classification thing is a non issue. Libby isn't charged with revealing classsified info.
The President, or his designee, can declassify material. Kinda like when Clinton allowed the sale of our submarine technology to the Koreans. Now they can build almost silent missle subs...And you are worried about a CIA person who everyone knew worked for the CIA?
Robert said: Libby isn't charged with revealing classsified info.
No but he's charged with lying about it. He claims he was given authority to release clasified info. Cheney says he has authority to relase classified info. What's the connection?
I have read that Cheney does not have authority to out a CIA agent.. That status is determined by statue (the law) not executive order...
Cheney would appear to have the unlimited power and authority of the President. And it is not just due to the post 9-11 world needs. He had them on 9-11 as well. Check this out,
Vice Commander in Basement
Of course, I am unfamiliar with which part of the Constitution authorizes the VP to assume the power while the President is competent or at least as competent as he ever is.
Rev X - That would be the 25th Amendment of the Constitution, which states that is the Prez dies or resigns, VP becomes the Prez. If the Prez feels that he is not capable of carrying out his duties, he can voluntarily hand over leadership to the VP, and take it back when he wants. Also, the VP and Congress can take a majority vote to remove the Prez, or if the VP and Congress doesn't agree, Congress has to have a 2/3 majority vote to have the Prez removed.
The Amendment as written:
Section 1.
In case of the removal of the President from office or of his death or resignation, the Vice President shall become President.
Section 2.
Whenever there is a vacancy in the office of the Vice President, the President shall nominate a Vice President who shall take office upon confirmation by a majority vote of both Houses of Congress.
Section 3.
Whenever the President transmits to the President pro tempore of the Senate and the Speaker of the House of Representatives his written declaration that he is unable to discharge the powers and duties of his office, and until he transmits to them a written declaration to the contrary, such powers and duties shall be discharged by the Vice President as Acting President.
Section 4.
Whenever the Vice President and a majority of either the principal officers of the executive departments or of such other body as Congress may by law provide, transmits to the President pro tempore of the Senate and the Speaker of the House of Representatives their written declaration that the President is unable to discharge the powers and duties of his office, the Vice President shall immediately assume the powers and duties of the office as Acting President.
Thereafter, when the President transmits to the President pro tempore of the Senate and the Speaker of the House of Representatives his written declaration that no inability exists, he shall resume the powers and duties of his office unless the Vice President and a majority of either the principal officers of the executive department or of such other body as Congress may by law provide, transmit within four days to the President pro tempore of the Senate and the Speaker of the House of Representatives their written declaration that the President is unable to discharge the powers and duties of his office. Thereupon Congress shall decide the issue, assembling within forty-eight hours for that purpose if not in session. If the Congress, within twenty-one days after receipt of the latter written declaration, or, if Congress is not in session, within twenty-one days after Congress is required to assemble, determines by two-thirds vote of both Houses that the President is unable to discharge the powers and duties of his office, the Vice President shall continue to discharge the same as Acting President; otherwise, the President shall resume the powers and duties of his office.
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