Dear Senator Kerry, - Sincerely, David Addington

i posted on these executive orders the other day (Executive Order 12958 as amended by Executive Order 13292) and kagro x's spot on excerpts, which make no mention whatsoever of treating the president and vice president any differently than "agencies..." imho, addington's way out on a limb on this one...

David Addington, issued a letter to Sen. John Kerry (D-MA) today defending the Vice President's interpretation of his office being outside the executive branch - only this time, he said it was because Cheney's office isn't an "agency."

[...]

"Dear Senator Kerry," Addington writes. "The executive order on classified national security information -- Executive Order 12958 as amended in 2003 -- makes clear that the Vice President is treated like the President and distinguishes the two of them from 'agencies.'"

[...]

"The executive order gives the [Information Security Oversight Office], under the supervision of the Archivist of the United States, responsibility to oversee certain activities of 'agencies,' but not of the Vice President or the President."

[...]

Addington insists that the question of whether Cheney is in the executive branch does not apply to the discussion of classified materials.

"Constitutional issues in government are generally best left for discussion when unavoidable disputes arise in a specific context instead of in theoretical discussions," Addington adds. "Given that the executive order treats the Vice President like the President rather than like an "agency," it is not necessary in these circumstances to address the subject of any alternative reasoning, based on the law and the history of the legislative functions of the vice presidency and the more modern functions of the vice presidency, to reach the same conclusions that the vice president is not an 'agency' with respect to which ISOO has a role."

what a gigantic load of steaming, fresh horseshit...

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And, oh, btw, about that Executive Order that George and I aren't subject to

just so that everybody's singing from the same hymnal, here's the link to the executive order that both cheney and bush now claim they are not subject to...

THE WHITE HOUSE

Office of the Press Secretary

For Immediate Release
March 25, 2003

EXECUTIVE ORDER 13292

- - - - - - -

FURTHER AMENDMENT TO EXECUTIVE ORDER 12958, AS AMENDED,
CLASSIFIED NATIONAL SECURITY INFORMATION

kagro x over at daily kos has taken the time and trouble to read through it for us and notes the following excerpts...

I just thought it was weird to say the order wasn't meant to apply to the President or the Vice President, considering that they appear...

here:

Sec. 1.3. Classification Authority. (a) The authority to classify information originally may be exercised only by:

(1) the President and, in the performance of executive duties, the Vice President;

and here...

[Sec. 1.3.(c)](2) "Top Secret" original classification authority may be delegated only by the President; in the performance of executive duties, the Vice President; or an agency head or official designated pursuant to paragraph (a)(2) of this section.

(3) "Secret" or "Confidential" original classification authority may be delegated only by the President; in the performance of executive duties, the Vice President; or an agency head or official designated pursuant to paragraph (a)(2) of this section; or the senior agency official described in section 5.4(d) of this order, provided that official has been delegated "Top Secret" original classification authority by the agency head.

and here...

[Sec. 3.1.](c) If the Director of the Information Security Oversight Office determines that information is classified in violation of this order, the Director may require the information to be declassified by the agency that originated the classification. Any such decision by the Director may be appealed to the President through the Assistant to the President for National Security Affairs. The information shall remain classified pending a prompt decision on the appeal.

and here...

[Sec. 3.3.(c) An agency head shall notify the President through the Assistant to the President for National Security Affairs of any specific file series of records for which a review or assessment has determined that the information within that file series almost invariably falls within one or more of the exemption categories listed in paragraph (b) of this section and which the agency proposes to exempt from automatic declassification.

[...]

The President may direct the agency head not to exempt the file series or to declassify the information within that series at an earlier date than recommended. File series exemptions previously approved by the President shall remain valid without any additional agency action.

hey, he's just keeping us on top of things...

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