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Ex-Archives Security Chief: Cheney Self-Exemption 'Remarkable'
With all the scandals to choose from in 2007, it's hard to pick a favorite. But here's one that qualifies: remember when Dick Cheney tried to evade oversight of his procedures for handling classified material by claiming that the vice presidency is outside the executive branch? And remember when the head of the classification-security office for the National Archives, a fellow named J. William Leonard, arched an eyebrow? And how that just made the vice president's men attempt to abolish Leonard's job?
Leonard certainly does. And now that he's retiring, he recounted the whole sorry story to Newsweek's Mike Isikoff.
So how did matters escalate? The challenge arose last year when the Chicago Tribune was looking at [ISOO's annual report] and saw the asterisk [reporting that it contained no information from OVP] and decided to follow up. And that's when the spokesperson from the OVP made public this idea that because they have both legislative and executive functions, that requirement doesn't apply to them.…They were saying the basic rules didn't apply to them. I thought that was a rather remarkable position. So I wrote my letter to the Attorney General [asking for a ruling that Cheney's office had to comply.] Then it was shortly after that there were [email] recommendations [from OVP to a National Security Council task force] to change the executive order that would effectively abolish [my] office.Who wrote the emails?
It was David Addington.No explanation was offered?
No. It was strike this, strike that. Anyplace you saw the words, "the director of ISOO" or "ISOO" it was struck.What was your reaction?
I was disappointed that rather than engage on the substance of an issue, some people would resort to that…





Comments (32)
And so we are suppposed to engage in civil discourse with people who behave like this? That's like asking the con artist who just stole your life's savings to pretty please bring your money back if it wouldn't inconvenience him too much.
When will enough be enogh?
December 26, 2007 12:44 PM | Reply | Permalink
...And so we are suppposed to engage in civil discourse with people who behave like this?...
Seems to me that civil discourse is possible _about_ Cheney but _with_ Cheney, no. The problem, of course, is that the only people who can directly legally binding words toward Cheney are the DoJ and Congress and neither of those institutions seem at all inclined to engage Cheney, shall we say, on the merits.
December 26, 2007 12:52 PM | Reply | Permalink
Man o man...the hard nose aggressive bullying tactics seem to be consistant and from the top on down in all levels of the Republican regime.
and it works !!!!
It works every time, at every level.
What the hell is the matter with the Dems? They go belly up at every opportunity.
December 26, 2007 12:53 PM | Reply | Permalink
Every time there's a story of contemptuous lawbreaking combined with strongarm tactics, Addingtons name comes up. Tough prick or bully? I bet my life savings the latter.
December 26, 2007 1:24 PM | Reply | Permalink
I'm really confused - so what happened at 'the end'? Did Cheney get away with this tactic, or did they recant or???
December 26, 2007 1:28 PM | Reply | Permalink
"I was disappointed that rather than engage on the substance of an issue, some people would resort to that…"
Timidity is so pathetic. There is a time when words like "disappointed" just don't cut it, and we're long past that time. To paraphrase Mugatu (the villain from Zoolander), am I on crazy pills??!?!?!!
December 26, 2007 1:31 PM | Reply | Permalink
I've had it Nancy and tell every caller from the party that I will not suport them at all until IMPEACHMENT is bac on the table..
I've called my rep and sen a few times to complain about their votes....
Gotta keep up the pressure
December 26, 2007 1:34 PM | Reply | Permalink
Dan, I'm with you. What would it take for us ordinary people to induce Leonard to say "full of shit" in place of "rather remarkable position"? I think we could support such a cause.
December 26, 2007 1:44 PM | Reply | Permalink
See, I think it's very important to give David Addington "a seat at the table" so we can "negotiate" with him, because "what unites us is more important than what divides us."
[Reach me that bucket, wouldja hon?]
These guys are cryptofascist loons.
It is absolutely true that what divides us from these guys is far more important than what unites us.
December 26, 2007 1:47 PM | Reply | Permalink
EdNSted wrote on December 26, 2007 12:44 PM:
And so we are suppposed to engage in civil discourse with people who behave like this? That's like asking the con artist who just stole your life's savings to pretty please bring your money back if it wouldn't inconvenience him too much.
I keep needing to reiterate this, but he's got enough blackmail on congressional Democrats to prevent impeachment. This is what happens in EVERY country that allows warrantless wiretapping, without question it will always be used for spying on political opponents and to manage the crypt of secrets within their own party.
I can't think of why these spineless democrats are afraid of the skeletons in their closets over the future of this country should Cheney and Bush be allowed to walk on 1.20.09. Do they understand that such inaction is legitimizing the entire clusterfuck of an administration this was??
December 26, 2007 1:55 PM | Reply | Permalink
So why is the guy retiring when the wolves are circling the henhouse?
December 26, 2007 2:01 PM | Reply | Permalink
I comment only to say: the front page headline refers to this gentleman as an "archiver" -- surely he is an "archivist"?
December 26, 2007 2:14 PM | Reply | Permalink
As an investigative reporter who's spent hundreds of hours in the stacks at NARA in College Park---where Cheney's records *ought* to end up---I can assure you there are some outstanding human beings working there. There are also 'mole' classification officers who routinely pull back open source documents to suit the prevailing political climate.
I know of entire tranches of CIA documents pertaining to fascinating financial matters which were withdrawn *within* hours of their being viewed by a *government* researcher attached to a presidential commission with 15 years' TOP SECRET clearance.
Send Steven Aftergood and the Federation of American Scientists a donation in '08. You'll never invest in a better cause to preserve American history.
December 26, 2007 2:47 PM | Reply | Permalink
Would someone seriously bring David Addison up on Treason charges - I mean come on - this guy has try everything to circumvent our laws.
CONGRESS - BRING HIM UP ON TREASON CHARGES - just do it.
December 26, 2007 3:03 PM | Reply | Permalink
Posted by Danger: "I keep needing to reiterate this, but he's got enough blackmail on congressional Democrats to prevent impeachment."
I think you are very close to Truth, Danger.
We should all remember that Dick Cheney is the one who personally vetted every single Republican who thought he or she was good enough to be VP in 2000.
I can just hear Cheney now: "You need to tell me every detail so you don't humiliate us in the midst of the campaign. EVERY SINGLE DETAIL, no matter how insignificant you think it is."
Voila!
Cheney has a huge stable of once-arrogant Republicans who can now be counted on to rubberstamp every single Bush administration decision.
December 26, 2007 3:22 PM | Reply | Permalink
Just as George Bush's prerogatives are defined solely by George Bush, so are Dick Cheney's. Their rationales differ only slightly in that Bush's stem solely from the fact that he was "elected" President and thereafter seizes unto himself all that powers as unitary executive and commander-in-chief that he himself defines and that he is not explicitly and overwhelmingly denied by the Congress (Seen any of those lately?) Whereas, Dick's prerogatives stem not from his position as VP per se but from the bizarre proposition that he has put forth (with tacit support from George) that no one in the government has any authority over him and he is not subject to oversight of any kind, because the office of VP is not specifically and explicitly defined unambiguously in the Constitution (his contention) and no one has the cajones to challenge him on this thoroughly outrageous proposition. Bush and Cheney continue to be successful in maintaining these absurd notions of their powers by virtue of the fact that most members of Congress, on a really good day, are spineless wimps. My advice is, don't blame Dubya or Dick for their criminal behavior...we've had enough evidence to date to warrant impeachment and incarceration ten times over...blame your cowardly Senators and Representative.
December 26, 2007 3:59 PM | Reply | Permalink
ARRRRGH!
December 26, 2007 4:13 PM | Reply | Permalink
32 CFR 2800
December 26, 2007 5:43 PM | Reply | Permalink
This OVP is absurd. Look at the CFR, which explicitly includes the ISOO as a basis for classification:
QUOTE: "(2) Storage of Classified Material. (i) Classified material will be stored only in accordance with the provisions of ISOO Directive No. 1, paragraph IV–F–1 through 4."
- How can OVP claim it is "exhempt" from a branch, yet the very CFR which governments OVP security classification/storage explicitly mentions the very entity -- ISOO -- which the OVP says "cannot" review and "has no role" and "does not relate".
They've had this long to update the CFR, and there are no changes. The CFR still includes the ISOO.
- Why, despite allegations by OVP that it is "not" subject to the ISOO, do the very security procedures still include ISOO standards for the OVP to comply?
This is absurd. OVP, whether it is or is not in the executive branch, is irrelevant: The CFR explicitly _continues_ to include the ISOO requirements; the language has not changed; and the changes to the EO have not changed the lanuage in the CFR.
- What information have they destroyed, not retained, or not protected as required?
- When are the auditing requirements of the CFR as they related to the ISOO and OVP going to be applied?
- Why does OVP have a problem establishing whether it did or did not meet the ongoing requirements in 32 CFR 2800 as they relate to ISOO?
Hit the link above, and do a text search for "ISOO' on that page. You'll see more references:
"(4) Changing of lock combinations. Combinations of security containers will be changed by the Staff Security Office or the Secret Service. This service may be requested by contacting the Staff Security Office. Combinations will be changed in accordance with the provisions of ISOO Directive No. 1, paragraph IV–F–5."
- After Libby left, where are the "lock change" orders, as required per ISOO?
"(5) Transmittal of Classified Material—(i) Outside the Office of the Vice President and the White House Complex. The Staff Security Office is responsible for transmitting or transferring all classified material outside the Office of the Vice President and the White House Complex in accordance with the provisions of ISOO Directive No. 1, paragraphs I, G and H. "
- If ISOO standards are not applicable, what is the method OVP uses to ensure that information transferred between EOP and OVP does get protected and safeguarded?
"(6) Preparation and marking of Classified Material. All classified material originating within the office of the Vice President will be prepared and marked by properly authorized and cleared personnel in accordance with ISOO Directive No. 1, paragraphs I, G, and H. A sample letter is attached for your guidance (Attachment 3). Derivitive information will be prepared and classified in accordance with ISOO Directive No. 1, paragraphs II A through C. Questions concerning procedures should be directed to the Staff Security Office. "
- If ISOO does "not" apply, and the ISOO has "no role" in establishing whether these ISOO_related standards are applicable, who does OVP staff ask questions of if there are "qauestions concerning procedures"....Someone in the non-ISOO office?
"(i) Loss or compromise. Any person who has knowledge of loss of possible compromise of classified information shall promptly report the circumstances to the Staff Security Office for appropriate action in accordance with ISOO Directive No. 1, paragraph IV, H. "
- When Libby is alleged to have worked with others, liked, and committed obstruction of justice, how was the "loss" of the Plame name -- as a cover -- coordinated with ISOO through OVP?
- - - - - - - - -
Why this matter: Because the law, as it applies, applies when the law existed; not as it has been retoractively changed. Again, note the above references to the ISOO in the OVP requirements under CFR 2800. Then consider this: "(j) Penalties. Any individual breach of security may warrant penalties up to and including the separation of the individual from his employment or criminal prosecution."
- Who is at risk of having violations of 32 CFR 2800 imposed on them, as stated in writing, because of non-compliance with ISOO standards?
December 26, 2007 6:23 PM | Reply | Permalink
Wakeup, everyone. We went through this non-sense last year with the Raw Story report: Look at the link: We discussed the concerns, and issues with ISOO. [Scroll through the link "Same old story" and to see ISOO-related information/comments in the CFR and OVP.]
Rather than mobilizer to enforce the law, the country is saying, "Oh, isn't this remarkable." No, it's the emperor's new clothes.
His "reaction": Disappointment. Wow. Someone in the MSM was "diappointed". Is that all it takes for the public to grovel on the ground?
Support Wexler's effort to start this impeachment investigation of VP.
- How was the OVP security classification requirements in 32 CFR 2800 related to the adequate retention, review, and destrutdion of the CIA tape?
- When Addington and others reviewed the CIA tape before destrution, how were the ISOO standards in 32 CFR 2800 reviewed or not reviewed?
- What effort did the OVP Security Officer take to ensure the tapes -- as OVP staff discussed them in re destruction -- were safeguarded?
- When the issues of ICC prosecution arose in 2001 going forward, how did OVP ensure the tapes as war crimes evidence was adeqauately safeguarded for possible ICC prosecution?
- Why did WH-EOP-OVP sign off on MCA language that included funding for prosecution by the ICC if this CIA tape destrution was not an issue; and all the evidence was retained per all 32 CFR 2800 requirements?
December 26, 2007 6:33 PM | Reply | Permalink
I wish there was a follow-up with this person, subject of the Isikoff interview:
- How were the requirements within the OVP Security office, which did include ISOO standards, met if those ISOO directives were ignored?
- What review was done of the _data retention activity_ (not the requirements or standards, but the actual data archived) _before_ the changes were made, and using the standards which still included the ISOO references/directives?
- How did Addington explain in his email for not completing an audit -- backward looking, before the ISOO-references were delted -- without including the very ISOO standards which were applicable _before_ the changes were made?
December 26, 2007 7:09 PM | Reply | Permalink
Since Cheney presents the curious claim of being both of the legislative and the executive branches, but held to the rules of neither, perhaps he should face charges in both roles.
Addington seems to have his fingerprints on every unwise decision this administration makes, makes you wonder who is in charge at OVP.
December 26, 2007 9:39 PM | Reply | Permalink
David Addington = criminal
I don;t think that similar to Operation Condor he will escape his fate, and laughing.. the POTUS can't pardom David Addington's lame ass unless he wants an investigation into his own.
December 26, 2007 10:01 PM | Reply | Permalink
Kent and Dee
Perhaps?
the POTUS can't pardon?
Really?
They can and have and will continue to do whatever the hell they want to do with impunity because no one...absolutely no one...will bring any of them to heal. No one. They are a law unto themselves. There is no accountability. Period. (see also Vichy Democrats in Congress)
December 26, 2007 10:41 PM | Reply | Permalink
I'm disappointed that impeachment "is off the table"...
December 27, 2007 3:37 AM | Reply | Permalink
I have always wondered how this administration avoids turning over the documents required by law in the Presidential Transition Act of 1963. Now I get it.
Section 2201:2203 of Title 44 US code defines that the American people own the records of the President and deals with the proper transfer from administration to administration. It also states the OVP is treated the same under the above US code sections.
Let’s say that the OVP generated most of the infamous paper regarding torture, sedition and general Constitutional assaults. They stake an early claim that he is not exclusively part of the Executive branch; in essence he can choose what “Presidential Records” are.
Slippery little bastards aren’t they
December 27, 2007 8:47 AM | Reply | Permalink
In theory, the decision to 'exclude" OVP from the standards, was not on day one of the Bush Administration.
This meant, there was at least one day that OVP was under the requirement.
Where are those records in this narrow window?
Or is Addington saying that that standard never applied, even though the rule/law changed well after day one?
December 27, 2007 8:48 PM | Reply | Permalink
* Assertion of "Rules-Non-Relevance": Geneva Impliciations *
Lawful combatants must have lawful orders. If Addington says the law does not apply to him, then those orders are not lawful. Addington, by implication, is leading an unconventional-illegal-unlawwul force that is in violation of Geneva.
If Addington will not comply with records retentions related to anything, then what about the records related to the decision to invoke that decision; and all e-mails coordinated to put that decision to exclude into effect.
Or is Addington saying there was no coordination, and no emails to coordinate this policy?
If so, under Geneva, he cannot argue that he's maintaining control over resources and assets. This is the same as saying he's not complying with Geneva; and his policies -- or lack of compliance -- is evidence that he's overseeing unlawful combatants.
By impliciation, if Addington's assertions are taken for what they are, he's implicitly asserting that he's leading a rogue army outside the Geneva protections. He, himself, could be classified as an unlawful combatant; and providing unlawful direction. If he's "doing nothing" what is he getting paid to do? There's no apparent evidence he's doing anything but making frivolous legal arguments, of interest to ICC for purposes of attaching war crimes to OVP staff counsel.
December 27, 2007 8:55 PM | Reply | Permalink
I would like to find the state attorney general that is willing to file impeachment charges against Cheneybush -Its my understanding that a state attorney general can do that - if so ,which state A.G. is- & IF NOT WHY NOT ??
Its very clear the Vichy Democrats will not defend us- We must defend ourselves_-at this point in this neofascist takeover by any means necessary - Cheneybush is a clear & present danger to our Lives & Liberty -
December 28, 2007 5:40 AM | Reply | Permalink
For discussion purposes only, not intended to be accurate, or legal advise: Link under "FOIA for OVP e-mail" goes into a lengthy, detailed, plain-English discussion into problems with OVP legal arguments in re data retention.
Link suggests a secondary line of FOIA requests. Current FOIAs appear to narrowly focus only on the OVP data, but do not appear to expand the inquiry into the OVP e-mails related to that _post-deliberative_ e-mail discussion. This approach would target not the OVP data Addington appears to hope to shield, but the _OVP e-mails_ related to the _decision to exclude_ OVP from the security classification requirements. A similar approach was used during Congressional e-mail discovery into the US Atty firings.
The discussion is long, incorporates a number of Addington's premises, and highlights which of OVP legal arguments can apparently be exploited in this new line of inquiry.
FOIA request appears to put OVP in a no-win situation, and would be of interest to ICC and war crimes prosecutors. OVP would most likely provide inconsistent legal arguments to "justify" not responding to this secondary FOIA, also of interest to those prosecuting alleged Geneva violations. OVP responses to this FOIA request would most likely also be allegedly frivolous, raising the risk OVP legal counsel could be attached to underlying alleged evidence destruction in re Geneva violations.
Not intended to be legal advice. For discussion purposes only.
December 28, 2007 6:58 PM | Reply | Permalink
December 28, 2007 5:40 AM:
Al,
You asked which State AG could take action against the President and VP. Technically, they cannot impeach, only Congress can. They have the power to directly prosecute.
You asked which AG might take action. You have my support in your search. Feel free to e-mail the State AGs personally, and let them know you're emailing all 50 of them. Include the "Pillar to Post"-citation: [Jonathan Turley, “From Pillar to Post”: The Prosecution of American Presidents, 37 American Criminal Law Review 1049, 1064-66 (2000).]
You asked good questions. The law prof who wrote that article has a blog: Perhaps if you raise the issue there, and ask him, "Where does he stand on this; does he still support it", he may respond.
Note: The above statement has not been endorsed by Prof Turley; nor has Turley necessarily endorsed/approved the link from TPM to his blog.
December 28, 2007 7:05 PM | Reply | Permalink
December 28, 2007 5:40 AM:
Al,
Raw is linking to an article partially addressing your concerns. If you are interested in pursuing your objective, please encourage your friends to contact the VT State AG. Turley's article [Cited above] addresses the VT State AG's public reluctance.
Thanks again for your energy, attention, and concern.
December 28, 2007 7:28 PM | Reply | Permalink