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WH's Perino: Veep's Role in the Gov't is "Unique"

Never in the history of the United States has anyone contended that the Vice President is outside the executive branch. Never. Not even during last call at a bar outside of the country's worst law school.

But then, in 2004, Dick Cheney needed to circumvent the National Archives' oversight of how his office handles classified information, and suddenly the vice president hovers in the constitutional equivalent of Purgatory, belonging to neither the executive nor the legislative branches. Poor Cactus Jack Garner: he thought the veep's job wasn't worth "a warm bucket of spit," when in fact the office bestrides constitutional governance like an all-powerful colossus.

It's hard to dignify Cheney's argument. But at her press conference today, White House spokeswoman Dana Perino managed to further undignify it, calling the question of the placement of the Vice President within the government " an interesting constitutional question that legal scholars can debate." To Perino, who generously conceded she is "not a lawyer," the role of the VP is "unique":

Let the debate begin.

From today's press conference:

Reporter: What do you make of what Congressman Waxman referred to as absurd, which was the Vice President’s contention that his office is not part of the executive branch?

Dana Perino: What I think is…as I said, I think that is an interesting constitutional question that people can debate, what I think is absurd is (background noise) what I think is absurd is Chairman Waxman asserting, I think what is absurd is Chairman Waxman asserting some sort of authority over the President regarding an executive order of which he is the sole enforcer.

Reporter: Do you agree with the contention that the office of the Vice President is not part of the executive branch?

Dana Perino: What I know, and I’m not a lawyer, and this is an interesting constitutional question that legal scholars can debate, and I’m sure you’ll find plenty of them inside the beltway, is that the Vice President has a unique role in our United States government, he is not only the Vice President of the United States but in that role he is also the President of the Senate. I will let that debate be held, but what I’m answering questions on, in regards to this morning, is Chairman Waxman’s accusations about this small provision, going back and reading the EO and realizing that the President did not intend to have the Vice President treated any differently than himself, and remembering that the executive order is enforced solely by the President of the Untied States. I think this is a little bit of a non-issue.


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Lynne Cheney just got another daughter!

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Not only is she "not a lawyer", she is "not credible".

Code word "door".

As in "Show Dick the door".

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Jack Garner got it wrong, it's Cheney who's not worth a warm bucket of spit.

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Interesting how the current administration can make up the rules as they go. If we do not IMPEACH all if these idiots we are screwed!!!! !

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If the OVP is outside of the "executive branch" does this mean that the OVP cannot claim "executive priviledge" regarding their visitors records (and assorted other documents and deliberations)?

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What role *does* a Sith Lord have in US government?

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Isn't this identical attitude they conveyed back around the 04 election -- can't remember the details or the reporter (maybe Suskind?) -- in which the Bushies bragged about how they create new realities (while the rest of us can debate amongst ourselves)?

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"... remembering that the executive order is enforced solely by the President of the Untied States. I think this is a little bit of a non-issue..."
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I'm guessing Cheney told Bush to go fuck himself.

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So what. Cheney knows he can do anything he wants, and can ignore congress and any laws he wants. While laughing, he knows the democrats in congress are spineless wimps, and will make all these gentle threats, but not do anything with legal force. Our country is in real trouble.

What would congress do if Bush and Cheney refused to let elections take place, and declared a terrorist emergency, and stayed on as Kings. Congress still would whine and complain but do nothing.

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If the OVP is outside of the "executive branch" does this mean that the OVP cannot claim "executive priviledge" regarding their visitors records (and assorted other documents and deliberations)?

Posted by: newbie
Date: June 22, 2007 2:41 PM

Silly, silly. You're trying to apply logic to the argument. That only works for us reality-based community types.

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If the Vice-President's office is NOT a part of the Executive Branch, then it isn't covered by executive priviledge is it?

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"...remembering that the executive order is enforced solely by the President of the Untied States. I think this is a little bit of a non-issue..."
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So, basically anyone can do anything they want as long as Bush says it's okay? Is that what I'm to understand? I wish Harry Reid or Nancy Pelosi would hand Bush a copy of the Constitution the next time they're in front of the cameras and suggest that he put it on his reading list, before he reads the new Harry Potter.

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Read between the lines. From the Waxman Letter, dated June 21, 2007.
"...asserted that the Office of the Vice President is not an "entity within the executive branch" and hence is not subject to presidential executive orders."


And then Dana said above "..reading the EO and realizing that the President did not intend to have the Vice President treated any differently than himself, and remembering that the executive order is enforced solely by the President of the Untied States."

Cheney is saying that he is not an 'entity' of the executive branch, much like the prez is not an 'entity' of the branch, but rather the head. Dana goes further to say that the OVP is "..treated any differently than himself.."
So, to conclude, they are saying that Cheney IS the defacto president (but so is Bush, of course, for convenience).


I'm sure someone will see it differently.

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"So what. Cheney knows he can do anything he wants, and can ignore congress and any laws he wants. While laughing, he knows the democrats in congress are spineless wimps, and will make all these gentle threats, but not do anything with legal force. Our country is in real trouble.

What would congress do if Bush and Cheney refused to let elections take place, and declared a terrorist emergency, and stayed on as Kings. Congress still would whine and complain but do nothing.
Posted by: poggy
Date: June 22, 2007 2:47 PM"


I'm ready for that actually. I hope cheney's hole is deep. I'll find him. I imagine that there'll be millions of others along with me for the ride too.

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There's no "if," here; the VP's office is certainly a part of the executive branch. If there's one thing this administration has learned, their bluff is rarely if ever called. I can just see David Gregory scribbling on his notepad, "...constitush...constitutional scholars...got it." I mean, it worked so well for the Energy Task Force to get people to just say "huh, okay" when Cheney tells the media and his constituents to fuck off.

The "interesting question" is that maybe they feel they can make the case that the VP is unique, but that's not they way it is. Cheney would like it to be that way, though. Let's see if everyone rolls over for it. They guy's about to go in for surgery after all.

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Perino's argument that Waxman is trying to enforce an executive order, which is only enforceable by the president, sounds alright from a legalistic perspective until you think for about 10 seconds about what Waxman actually did. He's not "enforcing" anything. As the head of the oversight committee, he sent Cheney a letter asking him to explain his position on the executive order a little more clearly -- you know, a little better than "I'm not an entity of any of the branches of government." The Archives may have arguably tried to enforce the EO -- they asked him to come up off some of his information, and when he didn't they complained about it -- but the Archives is part of the executive branch, yes? Waxman is just doing his job, *oversight*. Perino's argument is disingenuous. And stupid.

security code: "small"

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Gramma Millie is right. These thugs have always acted not only as though our laws do not apply to them, but that even our reality isn't the same.

They hold themselves outside law and reality, and blythely go about taking what they want as fast as they can. While the rest of us move through the slo-mo workings of posturing and subpoenas, letters and investigations. They don't acknowledge any constraint on their actions.

We need to somehow come up with some way to strip away the curtain of secrecy they are using to cloak. Executive Priviledge has got to be taken apart in a surgical strike.

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This is my attempt at The Onion article-to-be about this whole issue (and hey any Onion editors out there, please, who wouldn't want to write for the most prescient publication in the country? pick me! pick me!):

VICE PRESIDENT DECLARES VICE PRESIDENT’S OFFICE SOVEREIGN NATION
New nation to be referred to as Veepotuswana

In a move that stunned the Washington establishment, Vice President Dick Cheney today declared the office of the Vice President a new country that he referred to as Veepotuswana.

His Chief of Staff and former legal counsel David Addington released a statement in which he explained that the Office of the Vice President had decided, “after a close and thorough reading of the U. S. Constitution”, to “finally fulfill the true intent of the Founding Fathers” by declaring themselves an independent country.

During a press conference after the release of the statement, Addington acknowledged that while the move was bound to be controversial, those who opposed it were clearly, “Democrats with no respect for the U.S. Constitution or concern about national security playing yet another round of Washington political theater.” When asked by NBC’s David Gregory if this move meant that the Vice President would still maintain executive authority within the United States of America, Addington responded that yes, of course, the constitution had established for this as well, and furthermore, “Hey David, hello? Duh.”

Cheney’s staff is reportedly at work setting up a U. S. Embassy in the Vice President’s office, as well as one of the largest U.S. military bases outside of the U.S. Halliburton was also reportedly being given a multi-billion dollar contract for what Addington referred to as “reconstruction” within the Office of the Vice President, or as it is now known, Veepotuswana . Reports that the CIA was setting up secret prisons, known as “black sites”, in the Vice President’s offices, went unconfirmed. When pressed by Helen Thomas about the rumors of the secret CIA torture prisons, Addington responded, “Helen, let me introduce you to the new national motto of Veepotuswana: “Go f*ck yourself.”

According to Addington, details of the new nation’s constitution were still being hammered out, but he did confirm that it would not provide for either a judicial or legislative branch. “We’ve seen what the liberal media can do with such tools available to them. Do we really want to repeat such a failed experiment?”

Buzz in conservative outposts was overwhelmingly favorable concerning the new move. John Podhoretz, in National Review’s blog The Corner declared, “It’s about damn time.” Conservative columnist, radio personality, and self-acclaimed constitutional expert Hugh Hewitt applauded the Vice President’s office on the move, claiming, in a prolix, incomprehensible, grindingly tedious and largely self-congratulatory essay, to have come to the same conclusion regarding the constitution years earlier.

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are we now officially in baudrillard territory here?

just making up shit as we go along.

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All joking aside, SmirkCo knows their argument is Constitutionally ridiculous. But if it serves to delay accountability for another couple of months while the courts fight it out, it's done its job. And their lawyers will have another equally specious argument ready to follow. As far as this crowd is concerned, Nixon's only mistake was not burning the tapes when presented with a subpoena.

SmirkCo has made clear that they consider impeachment the only constitutional limit to their power. That's why they deride any suggestion of impeachment as wacko fringe lunacy.

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Dana Perino is incoherent. By the by, the EO reinforces the Presidential Records Act which is law and then expands some protections for the president which are basically unconstitutional and do not fall under Executive Privilege pursuant to a ton of case law.

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I think Dick has given us an example of what misdemeanor meant when the framers of the constitution wrote:
"high crimes and misdemeanors"

IMPEACH NOW

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"interesting constitutional question that legal scholars can debate"

Which is it's intent, for the "debate" to go on and on, without conclusion, until the admin runs out the clock.

Don't fall for it, henry, just issue the supeonas now.

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Dana and her smug smile once again. Whattya bet she gets a gig at Fox News when the nightmare is over in 2009
Interesting. Bush likes to use that word too, usually to describe something he doesn't like.
As the Chinese curse goes- "may you live in interesting times"
We are cursed with these thieves in power.

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This is an interesting question for legal scholars in third grade to debate. Thanks, Dana!

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The four branches of government:

Executive

Legislative

Judicial

Criminal

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Take it easy on Ms. Perino--It's not like she runs the gas chambers or anything--she's just a trying to be a 'good German!'

One wonders what lies these people will tell their children and grandchildren about their involvement in this sordid part of US history...

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"If the Vice-President's office is NOT a part of the Executive Branch, then it isn't covered by executive priviledge is it?"

It's the Gestalt branch!
Not only is the OVP not subject to either the Legislative or Executive branches (since its conjoined with both), but by virtue of membership in each is superior to both. See?

I really want to see what would happen if Congress voted to impeach Cheney. Would he ignore it?

And if he did, then what?? (Hint: Bush commands the military.)

Given that Cheney is President of the Senate, what authority does he have over Senators? Does Bush have any authority over Cheney??

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I think that this "interesting Constitutional question" reveals a brilliant and deliberate piece of premeditated lawbreaking by Cheney.

By elevating this record-keeping dispute to Constitutional levels, the Vice President can potentially drag this records out for years -- all the while telling people that he isn't disobeying the law, he is just trying to get clarification for his very, very important questions about the law.

If Waxman really wants to fight with Cheney about this, Cheney can wear him out by dragging his newly-discovered Constitutional issue through the courts, where -- as we all know -- the wheels of justice grind exceedingly slow.

And then, at the end of all the fighting and appeals, if the courts finally rule against him, Cheney can then say, "Gee, that's too bad, I shredded all that information years ago because I thought the Federal Records Act didn't apply to me ... Gosh, so sorry about that. I just had this really neat interpretation of the Constitution, and it was SUCH a complicated issue ... !"

This stance also muddies the waters about whether the Vice President and his staff had criminal intent when they violated the law. They can all shake their heads and sigh, and claim that they had a good faith belief they were exempt.

So it is a win/win situation for Cheney.

Brilliant legal gamesmanship.

And the bonus? Cheney can also play the partisan cards, and pose himself as a martyr for the talk radio crowd. He will claim to be a champion of federalism and Constitutional scholarship. Just trying to resist the vicious power grabs by those awful Democrats, after all.

White collar criminals everywhere should sit up and take notes. These guys are GOOOOOD.

-- Bokonon

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It's not an interesting question, it's a stupid assertion, which is why no previous VP in two centuries has made it.

Pretending that there are questions where, in fact, there are none, is a familiar strategem used by these thugs to do what they want while pretending it isn't wrong, by tying their opponents up in false controversy and court challenges.

It's just as reasonable to interpret the dual roles of the VP as making him subject to both branches, so he needs to report both to the National Archives AND the Senate's Security officers. Try that one on, DICK.

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I'm past caring. They should have impeached these guys long ago.

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The point of all this is... Whaddya gonna do about it? Gitmo, torture, Jeff Gukert,domestic survellience, the Iraq War, Katrina, Harriet Miers, "Scooter-gate"...What are you, the progressive, intelligent people who care about our form of government going to do about the trashing of the American Constitution?

Dick & Bush know you're not going to do anything. We haven't touched them or altered their policies one bit. What are we gonna do?

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I'm curious about something here.

If the President issues signing orders that place his decisions (and only his decisions) above the law, and if the Vice President declares his office to be some mutant fourth branch of government not accountable to any oversight whatsoever by any branch of government, then why in the hell should they abide by any election results they don't like? Why will they? Why would they bother?

Where is it written that if elections are even held in 2008, these criminals will even abide by them? What would Congress do? What could they do?

Please, someone tell me I'm just being paranoid.

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If this behaviour by Chaney is accepeted by Republicans then they have to rewrite their charter. This is such a poke in the eye of the constitution - who can defend it?

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As far as mention of the office of Vice President within the U.S. Constitution itself, it's not like it's all that difficult to just go look 'em up. (E.g., http://www.law.emory.edu/cms/site/index.php?id=3080.)

Article I (The Legislative Branch), Section 3, Clause 4, declares that "The Vice President of the United States shall be President of the Senate, but shall have no Vote, unless they be equally divided."

Article II (The Executive Branch), Section 1, Clauses 1 and 3, cover the manner in which the President and Vice President will be elected to office. Clause 6 declares that the Vice President is the successor to the office of President, in the event of the President's "Death, Resignation, or Inability to discharge the Powers and Duties".

The Twelfth Amendment (Election of Executive Branch) redefines the process by which both the President and Vice President are elected to office.

The Twenty-Fifth Amendment (Rules of Presidential succession) clarifies many rules concerning the succession of the offices of President and Vice President, and the closely intertwined relationships between the two.

Given the language of the Constitution itself, Cheney's claim that the Vice President exists outside the Executive Branch strikes me as being very much along the lines of a trial attorney who cites very specific language and circumstances in the hopes that an overly-technical judge will declare a fine technicality of law (in spite of the obvious intentions of the law). ("But it doesn't actually *say* that the VP is part fo the Executive!")

The games people play... :-/

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"If the Vice-President's office is NOT a part of the Executive Branch, then it isn't covered by executive priviledge is it?"

The OVP is a meta-branch of US govt. After all, the Executive, Legislative and Judicial branches need to be ruled by someone.

Given that the OVP is a member of both the Executive & Legislative branches, it obviously can't be subject to both; therefore, logic dictates it is subject to neither. And what's the point of ignoring 2 branches and leaving the 3rd all alone?

I'm really interested to see what would happen if Congress voted to impeach Cheney. Would he ignore it?

If he did, then what? Would the military be called on to remove Cheney?? (Bush commands the military.)

And exactly what authority does Cheney have as Senate President? Can he command Senators??

codeword: fear
(suggesting you jokers at TPMMuckraker really need to dial it down)

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Actually, Spencer, Mr. Rove is in Limbo; we're the ones suffering in Purgatory.

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Ms. Perino, you may not be "a lawyer", but did you graduate from high school, or for that matter 6th grade? You don't need to be "a lawyer" to know that there are only 3 branches of government. One of them is not called "Dick Cheney".

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The two points made are

1. If he is not part of the Executive, then obviously he cannot claim executive privilege

2. If he is also part of the legislature as president of the Senate, then he is also subject to the rules of the Senate.

Either way he loses. Go after the records on his energy project.

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apologies, thought my earlier post didn't go through

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Hmmm ... isn't tying their opponents up in false controversy and court challenges how this gang won the 2000 election in the first place?

And the brilliant -- brilliant! -- part is that each time they do this, they claim that they are just victims, and are merely trying to protect the law from the viciousness of the other side ... who are trying to "criminalize politics."

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Anon 3:59 PM--given the reputations of those who throw out the "criminalizing politics" charge, I think we should continue to point out the missing prefix before "criminalizing". I believe guys like Rep. Cannon are really saying: "How dare you decriminalize politics? We've been living of the fat of the land, and now you PEOPLE want to enforce the LAWS?"

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Isn't the the same type of behavior from Cheney that scored Saddam Hussein his 'rogue nation' status as our poster boy for ultimate terrorist?

If pre-emptive military action in Iraq is the precedent for this Administration, then the only option left is to invade Dick.

A legal side note: I wonder what the Constitution says about prosecuting the undead.

Security code: polish

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reminds me of the Seinfeld...where the Postmaster General told Kramer he's the Postmaster but he's also a General. And Generals can damn well get things done.
The GOP in Congress would never allow a Democrat to get away with this...need I say more?>

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Like everyone else in this administration at this late date, she's an f'ng tool! And for all of you who claim Perino or Monica Goodling are attractive...well, then you haven't been with any good looking women in your lives.

Perino is a lying scum who doesn't even break a smile in the midst of her big lies.

Yes, Cheney is his own branch of government. Let's ponder that for a moment??? What did our intrepid WH press corps ask in follow-up...not a whole hell of a lot other than shake their collective heads "yes." Pathetic!

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dkm @June 22, 2007 3:57 PM

"2. If he is also part of the legislature as president of the Senate, then he is also subject to the rules of the Senate."

Don't the rules for the removal of a member of the Senat simply require the concurrence of two-thirds of the senators? Reid only needs to hold this vote when only a few Republicans are out of town to send Mr. Undead back to the ranch.

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Despite all the hand wringing, the Vice Presidency is a balloon that the President can inflate or empty at his pleasure. That this steadfast, manly, smell-good president has ceded all his power to his secon-in-command, allowing him a budget, staff and reach beyond his own, is a constitutional and managerial travesty.

If this situation were described in a John le Carre novel about a Latin American or West African dictatorship, Mr. Cheney would be called the leader of a silent coup, while Mr. Bush would be derided as the cuckolded Deciderer trotted out for visits of the World Bank and Red Cross.

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"Too much cappucino" Perino must not have passed her 5th grade constitution test-my 5th grade son knew this one. That said he if wants to see himself outside the Executive branch then okay...

Here's a link to Cheney as President of the Senate from CREW:

CREW ASKS “IS THE VICE PRESIDENT CREATING A FOURTH BRANCH OF GOVERNMENT?”
Contact:
Naomi Seligman Steiner

22 Jun 2007 // Washington, DC – In light of new revelations that Vice President Cheney is claiming that his office is not subject to an executive order governing the handling of classified information because as president of the Senate he has both legislative and executive duties, CREW asks if Vice President Cheney is attempting to create a fourth branch of the government?

Under his argument, if Mr. Cheney is not subject to executive branch security requirements, surely he must be subject to Senate rules.

To safeguard sensitive information, in 1987 the Senate created the Office of Senate Security, which is part of the Secretary of the Senate. The Security Office’s standards, procedures and requirements are set out in the Senate Security Manual, which is binding on all employees of the Senate.

So, if Mr. Cheney is a member of the Senate, he must adhere to the following:

•a requirement that any of his staff needing access to classified information undergo a security clearance and complete written non-disclosure agreements;

•physical security requirements, that the Security Office is empowered to implement, including any necessary inspections;

•investigations of suspected security violations by employees, such as the security violation committed by Scooter Libby when he unlawfully disclosed the identity of Valerie Plame Wilson, then a covert CIA operative.

In addition, Mr. Cheney and his staff would be subject to investigation by the Senate Ethics Committee, which has the responsibility to investigate allegations of improper conduct which may reflect upon the Senate, including violations of law and the rules and regulations of the Senate.

more at:

http://www.citizensforethics.org/node/29166

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We should start referring to the president, the administration etc as The Black House. No information ever turns out of this place....

It is tragic and a real shame.

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"Perino is a lying scum who doesn't even break a smile in the midst of her big lies."

Yeah, but she's hot.

I remember suddenly waking up (1996? 97?) to the odd fact that many news anchors began resembling Swedish airline attendants.

Either you get silverhaired distinguished guy or you get twentysomething ex prom queen.

It will only get worse (or better, depending).

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We should start referring to the president, the administration etc as The Black House. No information ever comes out of this place....

It is tragic and a real shame.

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We should start referring to the president, the administration etc as The Black House. No information ever comes out of this place....

It is tragic and a real shame.

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Here are my thoughts at my blog

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My personal thought is that Cheney is seriously delusional, if not downright psychotic! This is insane. I am sure Ms. Perino is just trying to do her job, but that sure is a stretch of the imagination to follow her logic.

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I think it is more fun to think about the unintended consequences of this position.

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So does this mean that Cheney can't claim executive privilege?

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Believe it or not, there are bennefits to all of this law breaking by Bush, Cheney, their minions and Republicans in general. Bush is now destined to end up with a lower approval rate than Nixon (23%) and the GOP is destined to lose the Presidency, more Senate seats and more house seats in 2008.

The word "Republicans" will become interchangable with criminals, scufflaws, and low lifes in general.

Indeed the future is bright for America and liberals.

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"he is not only the Vice President of the United States but in that role he is also the President of the Senate."

No, Peroxide: he performs two jobs. They are separate roles. Job One is to Stay Breathing.

And if he really wants to assert his god-king fourth branch status, then it's time for the Senate to demand he sits as president every moment it's in session. That won't be good for his circulation.

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Screw this fat f%#*k. Call big Dick to the carpet know and let his little Ivy League ass barnacle dip shit lawyers argue this point with a straight face.

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Come Come, the Rule of Law is such a non-issue for this crowd.

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I start from the premise that the authority of any United States governmental office (let's avoid the term "entity" here), including the OVP, is necessarily only that which is granted by the Constitution.

I can conceive of a theory or theories which might grant authority on some sort of natural law or "exigencies of wartime" argument. I may not accept it, and in fact would find a natural law argument for extra-constitutional powers of the *Office of the Vice-President,* which seems clearly intended as a mechanism to allow for orderly Presidential succession in case of emergency, very strange; but I can accept that such an argument is possible. If so, however, it would be more than novel, and should be made explicitly and in sufficient depth so it can be addressed meaningfully, not just asserted or implied.

Otherwise, my review of the Constitution does not indicate that any power *is* vested in the OVP, aside from casting tiebreaker votes in the Senate. This is provision relevant to executive power:

The executive Power shall be vested in a President of the United States of America.

I don't see how this can be interpreted to vest any executive authority in the OVP.

On the other hand, I think that clearly the President has the power to delegate Executive authority to the OVP for at least some functions (leaving aside whether there are any limitations on that) - just as he could to anyone else. But if this is the source of OVP authority, I don't see why the exercise of such delegated Executive authority would not be subject to Executive governance and oversight, and the rules which otherwise apply to the Executive.

So as far as I can see the OVP can only exercise governmental authority (1) as delegated by and subject to the regulation of the Executive i.e., the President; (2) by virtue of an unidentified (by me, at least) extra-constitutional source for the OVP's governmental authority, in which case it seems to me we better get very clear about what that is and why; or (3) without a valid legal basis.

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I start from the premise that the authority of any United States governmental office (let's avoid the term "entity" here), including the OVP, is necessarily only that which is granted by the Constitution.

I can conceive of a theory or theories which might grant authority on some sort of natural law or "exigencies of wartime" argument. I may not accept it, and in fact would find a natural law argument for extra-constitutional powers of the *Office of the Vice-President,* which seems clearly intended as a mechanism to allow for orderly Presidential succession in case of emergency, very strange; but I can accept that such an argument is possible. If so, however, it would be more than novel, and should be made explicitly a