I am, to put it mildly, not Rahm Emanuel's biggest fan, but his response to Dick Cheney's claim to be exempt from executive branch oversight is priceless:
Today, we discovered that everything we learned in U.S. government class was wrong. Evidently, the Vice President does not consider himself a part of the executive branch, and therefore believes he can obstruct meaningful oversight and avoid being held accountable. If the Vice President truly believes he is not a part of the executive branch, he should return the salary the American taxpayers have been paying him since January 2001, and move out of the home for which they are footing the bill.
CREW piles on, and their take might be even better:
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.
(...)
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.
Melanie Sloan, executive director of Citizens for Responsibility and Ethics in Washington said Mr. Cheney’s arguments raise new questions:
“Since there is no fourth branch of government to which Mr. Cheney could belong, by claiming the Office of the Vice President is within the legislative branch does Mr. Cheney agree that he is subject to Senate security procedures?”
Now, it seems to me that, as CREW observes, Cheney must be in one branch or the other (or both) but there's no way he can be in neither. And if he has to pick just one branch to belong to, I would think it would behoove him to pick the one controlled by his own party. Not to mention, y'know, the one that his nominal boss is in. Because, call me crazy, but Cheney's claim that he does not belong to the executive branch sounds like an admission that he does not work for the President. Or, indeed, for anyone. While this is probably accurate, I'm pretty sure it was never intended to be common knowledge.
If you want a little more serious coverage, check out this LA Times story (registration required). My favorite bits:
In his letter to the vice president, Waxman said two Cheney staffers — including Libby — have been criminally prosecuted in the alleged illegal disclosure of classified information.(...)
"Your office may have the worst record in the executive branch for safeguarding classified information," Waxman wrote.
(...)
"Here's a guy who raises 'executive privilege' to historic levels to exempt himself from all rules and oversight, and now he says he's not part of the executive branch?" said [Berkeley Constitutional scholar Gordon] Silverstein. "Here we have a subordinate part of the executive branch asserting independent constitutional authority even against its own superior. It is flabbergasting."
You'd think that this is the sort of thing that a bold, decisive leader like Dubya would want to clear up boldly and decisively, but so far the official White House line appears to be, "We don't really know if he's right or not, but it's none of the legislature's business how we enforce executive orders." But if Cheney's part of the legislature...
Of course, the simplest explanation is that the Bushies just make shit up so they don't have to come right out and admit that they find the Constitution too confining, but what are the odds of that?
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Hey Eli!
Hiya, LL!
Eli!!! Go, go, go.
But I just got here…
Great post, Eli (as usual), and I can’t wait for the day when all of this really bites Cheney in the a**…
Cheney belongs to the Imperial Congress. A seperate and yet unknown 5th branch of our government.
You may call him Darth.
Thanks, LL. I think Cheney is just a wee bit less bulletproof than Rove.
Bush still considers Rove an asset, but it might be dawning on him that Cheney’s a liability.
it is to laugh. Cheney’s only functional role is that of breaking ties in the Senate. He has no actual role in the Executive Branch unless or until the President dies or becomes incapacitated and unable to serve (how could we tell?). Heck, in the past, the VP was the guy who came in second. The Founding Fathers put a VP in the Constitution just in case. For a quick succession. My guess is he is part of the Legislative Branch. So let’s see what the Senate can do to enforce their own rules. Oh Sarge….
Hi LL, Alfred, everyone!
I see no inconsistancy in Cheney’s attitude, as his notions seem in line with the Bush philosophy of this prez being a ‘unilateral executive’.
Cheney is not part of the Executive Branch.
Cheney is not part of the Legislative Branch.
Cheney is only the back-up for Bush, with a few duties and any extra jobs Bush gives him.
The fact that Cheney is claiming authority he does not have, leads me to believe that he and the Neocons, using bad advice from Addington, are trying to grab power, and challenge the real Executive Branch led by the President (via Scalia), to obtain perpetual power because he can never be elected. They have NO intention of relinquishing power. That is obvious to me anyway.
FWIW,
I called Levins office today and got the standard “HE hasn’t had a chance to review the comments and has no opinion on the matter”.
When o’ when will our congresscritters stand against this shit.
I just don’t get it.
[Plops into the hammock swinging between two sycamore trees next to the lake]
Evening, everybody!
Eli writes:
The simple answer is usually the correct answer.
Eli @ 9
haha. Rove better be bulletproof. he is Bush’s bulletproof vest! but you’re mistaken about one thing, Bush is Cheney’s bulletproof vest. Bush is an empty suit. Cheney is the real power is behind (and just to the left) of the throne. behind that curtain.
TiredFed @ 10
I don’t think Bush has ever been capacitated. He better watch his back.
Coup D’etat.
Hi Margot!
Is Deadeye Dick also in that special fourth category: Animal, Mineral, Vegetable, Dick Cheney?
hey MP, nice move there ;-)
dakine01 @ 16
The simple answer is usually the correct answer.
Slashing up the Constitution with Occam’s Razor.
LoudounLib @ 22
Gotta show up early to get the hammock.
Mutant Poodle @ 21
His heart pumps glycol. Which is why the FDA has approved it as an additive to anything.
GordonM @ 25
I would have guessed formaldehyde.
Let’s not lose sight of the fact that Cheney’s ‘boss’ has conversations with God.
Oklahoma kiddo @ 27
Does God talk with kind of a snarl and make throttling motions with His hands?
Kayal on KO said that Gonzo is terrified of the Constitution. He coupled Cheney with Gonzo (I’m not sure about that)…anyway, the Constitution will kick Cheeeeneeees butt ultimately. He also said that he has been at a meeting of lawyers in Bar Harbor and Conservatives and Liberals alike are furious about the Cheney claims and the claims of the unitary executive theory, mainly it seemed aiming at Addington.
Mary McCurnin @ 18
yeah, cuz Cheney is standing right behind him all the time. Creepy, ain’t it?
Oklahoma kiddo @ 27
Who grunts a lot, just like Cheney.
TiredFed @ 10
TF, you have files for me?
Now is the time to subpoena the shit out of him and see if he claims executive privilege.
Mutant Poodle @ 21
he’s certainly bigger than a breadbox.
LS @ 29
I hope someone asks Cheney to explain how he came about this epiphany in 2003, when the scales fell from his eyes and he realized he was free of all executive restraints.
I don’t know if anyone else watches the Tudors, but I’m kind of reminded of Henry’s sudden “realization” that his marriage to Catherine is invalid and must be annulled immediately.
TiredFed @ 30
Cardinal Richelieu. Linky.
Mutant Poodle @ 15
Hey, MP! (mutters under breath about not getting the hammock again…)
Hugh posted this earlier today… I thought it deserved mention here.
I’m deep into EPU land but I would just like to point out that Article II (The Executive) Section 4 (Disqualification) states:
The removal of the Vice President is discussed under the Executive Article although it would actually be the Legislative Branch (Article I) who would do the impeachment. This is a clear indication (along with more than 200 years of Constitutional history) to all but a vicious and criminal thug like Cheney that he is in the Executive Branch.
I should also point out that judges can also be impeached although they are under Article III but as the Constitution makes clear:
That is if they behave poorly they can be removed and the mechanism of that removal is impeachment and conviction by the Congress.
Members of Congress can not be impeached but both the House and Senate can punish members according to the rules that they have set up to govern themselves. (Article I, Section 5)
LS @ 19
I taught I taw a coup d’etat.
I did! I did taw a coup d’etat!
Alfred Kelgarries @ 36
that fits. W is the D’oh!-phin
Cheney’s true position in our government is apparently also undisclosed.
Margot @ 11
Evening Margot!
Alfred Kelgarries @ 32
still nothing on PACER. strange eh? guess they’re kinda slow over there at the appeals level. oh well, at least old Larry Robbins was nice enough to their appeal up on their company site. Walton’s opinion on the appeal was pretty funny. Christy is putting together a post (probably coming up tomorrow).
Hi Eli!
When I first saw that sign, I thought it said “Barnacles of Government”
I’m not really wrong, am I?
TiredFed @ 43
no problem. will stand by.
Eli @ 35
Yeah — and there is a certain resemblance between Great Harry and Teh Dick, too…
***WATCH OUT!!****
Eli’s coming
Girls, you better hide your hearts!
punaise @ 40
groan ;)
Elliott @ 44
Not really, no. The Ship Of State could use a good scrubbing.
Eli @ 35
They tried to ask Perino that today, and she just flubbed and fluttered. I didn’t get that she was protecting the VP one iota. Maybe they are getting ready to help throw him under the…whatever..
Alfred Kelgarries @ 37
Evening, AK. I might leave it later and go for a swim.
Jacqrat @ 47
I love that song!!
Eli @ 41
It’s all Addington up.
Each House may determine the Rules of its Proceedings, punish its Members for disorderly Behavior, and, with the Concurrence of two-thirds, expel a Member.
Is Jefferson (LA) still in the House? Nancy ought to use this one - she’d gain a lotta street cred for Dems.
BTW, this came up on a previous thread; Cheney’s role as regards the navy, in the constitution. Unfortunately for him, I checked the enlistment oath for sailors, and it swears to the President, not the Vice President. I assume the officer’s oath is similar. Sorry ’bout that, Darth. No Seven Sailors In September this time.
Mutant Poodle @ 51
good! yes! I hear the water’s very nice today! I’ll even keep the hammock warm for you while you swim…:>
LS @ 50
Yeah, that was my last link. She punted on the question of whether Cheney was in the executive or not, but was very insistent that the executive order was solely Dubya’s to enforce.
Eureka Springs @ 53
That’ll be the next thing. LOL. I’m sorry, we are not liberty to discuss that, because it is under investigation…er..em…he is under…no…I mean…I’ll have to get back to you on that.
Cheney is a cardiac disaster and he is still grabbing more power. He knows he is a dead man walking and it must really piss him off. Who is Cheney’s political heir?
Eureka Springs @ 53
Ghod, not another pun thread. I SWORE I’d not toss another pun grenade tonight, I really did…
jayt @ 54
I believe he still is there but has resigned all his committees. IIRC the precedent is the member holds the seat until convicted or resigns. If convicted, the most likely action is the move for expulsion but it is kinda difficult to expel prior to conviction.
Steve @ 59
Darth Vader
Alfred Kelgarries @ 60
I think they’re nicknamed “punapples”.
Alfred Kelgarries @ 60
well, you know the great one is in the house…
Eli @ 57
The money quote was “Dicky Cheney’s office SAYS it is in compliance with securing classified material. The President’s office IS in compliance.” That is unprecedented in this administration, the first major crack in Festung Big Time.
realworld @ 62
“I find your lack of Feith disturbing.”
Alfred Kelgarries @ 65
Nice, I missed that. Even his boss doesn’t know what he’s up to.
It might have something to do with Larry, franklingly speaking. Y’know leaks of classified info and all…
Alfred Kelgarries @ 65
Dick Cheney’s office says all sorts of things and they’re all flat out lies.
Alfred Kelgarries @ 60
Not when Punaise is amongst us! 8-)
Okay, I think I get this. Think of Cheney as Schrodinger’s Veep. He is simultaneously a part of the Executive Branch and part of the Legislative Branch, until such time as you attempt to observe him. Then, the probability wave collapses, and Cheney becomes part of whichever branch you have no authority over.
“the Bushies just make shit up”
yup, they are like a 5 year old trying to talk her way into the entitled cookie jar before dinner. total unadulterated BS. never has the word ‘Bullshit’ taken on such greater meaning than when the Bushies open their mouth!
Elliott @ 69
The only true statement anyone in the Bush administration has made lately is the one that they’re not going to close Gitmo.
Eli @ 67
True, but it is more serious than that. In that context (and i suspect TiredFed will back me up here), using “says” is the same as saying “claims” or “alleges”, ie with a huge load of connotation of possibly not the case. The Festung Big Time answer would have been, “The OVP and the OOP are in full compliance with all relevant securing requirements for classified information. Next Question?” Didn’t go down that way, and I see it as significant.
Dang, do you think Chain Gang 4th Branch illegally leaked classified info to Larry Franklin etal. to stir shit up???? When did that happen? 2003???
y’all @ 45
If you’re talking about Fitz’s filing in reply to Libby’s appeal, emptywheel’s got the PDF at her place. It’s 837K in length.
Roddy McCorley @ 71
That must be why Tweety calls him CHIney…
I told this to EVERYONE a LONG time ago;
the closer we get, the more we expose, the more brazen these people HAVE to become
they no longer are burdened with some kind of veneer that they obey the constitution they know that we know they DON’T
cheney is mad, he is a mad man, I also told everyone the closer we get the more bizzare his actions will become
NOW IT’S TIME FOR THE DEMOCRATS TO DEAL WITH REPUBLICANS
we can promise the anything and everything, we can promise them no democratic endoresed challenge in the next election, we can promise them pork
WE HAVE TO DEAL
we have to get these maggonts OUT of the administration and I AM CERTAIN THERE ARE REPUBLICANS THAT WILL CLIMB ON BOARD
all we have to do is deal
I think Digby was on this a while back, that Cheney thinks he constitutes a fourth branch, and because he is both he is subject to the rules of neither. Or something.
And then he shot them all in the face.
Jane Hamsher @ 79
The branches of government are like primary colors, you see…
I’m sorry, but I cannot believe we are still discussing Cheney’s hubris and Pelosi STILL has not got people drawing up articles of impeachment.
Where does the Solicitor General stand on this? What is Louis Fisher’s take on this and the people at CRS?
Can’t we just tag Cheney’s ear and release him into the wild with the rest of the hyenas and jackals?
OT..Remember when the Pentagon said we don’t do body counts any more? There are so 1960’s. Well they are back.
Reuters: U.S. Kills 68 Militants So Far in Baquba Operation
www.reuters.com/article/newsOne/idUSCO
Elliott @ 69
it’s bizaare…as SOON as we find out another lie he climbs on all the TEEvee shows AND REPEATS THE LIE THAT WE KNOW AS A FACT IS FALSE
he is a mad man, I think he is actually clnical
democrats must deal and fast
LS @ 77
I will only say this once.
NO QUANTUM MECHANICS. Period. Anyone attempting further QM will be required to go clean Shroedinger’s Cat’s Litter box. And yes, I misspelled Shroedinger.
Oily Dick’s absurd claim of global privilege is a last ditch, desperate bluff to avoid his inevitable fall from power.
He’s knows he’s the target of multiple investigations.
Which will come first, impeachment, indictment or war with Iran?
.
ES how about an R & C you bitter bitter man
Roddy McCorley @ 71
No, in this case when the probability wave collapses it reflects back on the observer. Usually as 28 guage shotgun pellets, but sometimes something bigger.
perris @ 78
Do we really have to promise them anything other than “We won’t be able to remind the 2008 voters that you stood up for this lawless administration again and again”?
perris @ 82
The insane leading the stupid…
Jane Hamsher @ 79
And that, to me, is the perfect example of the fear this man wielded at one time. He shot a man in the face apparently while drunk off his butt on a hunting trip, and THE MAN WHO WAS SHOT HAD TO PUBLICLY APOLOGIZE FOR IT. The was the “orwellian moment” for me.
Eli @ 67
Yes, well, he is the delegater in chief.
perris @ 78
You got that one right!!! No American will live under a Dictator (ummm) once they all realize they are. It’s like dueling dictators…LOL
Hi Jane,
I like the pictures you put up on facebook from Take Back America
TiredFed @ 64
not only that, it’s his own post to trash…
(Eli lets down his self-imposed pun-muzzle on rare occasions, to the delight of many)
Steve @ 81
Linky no worky…
Roddy McCorley @ 71
OK, who let the quantum mechanics work on the car?
Elliott @ 85
Go ahead, twist my arm.
Alfred Kelgarries @ 89
Yeah. Kinda like, Or…well…he shot me in the face…and I almost died…I’m sorry..I was in the way…
I liked Dana P’s explanation today that it’s really just a teenie, tiny, itsy, bitsy portion of the Executive Order that’s in question.
Reminded me of the “handful” of administration staff with RNC accounts.
Mighty big hands ya got there, Dana.
Jane Hamsher @ 79
I referred to this as the Chinatown defense this AM: My daughter, my sister, my daughter, my sister. Etc.
Except no one is slapping Cheney everytime he switches.
The future?
http://www.youtube.com/watch?v=_drEFOaPaK8
Eli @ 87
the wing nuts keep thinking there will be a turn around, for instance a catastrophy that will elevate the opinion the wing nuts have for this guy
they are planning something BIG, cheney has NO intention of giving up what he believes is his birthright.
cheney is mad I am telling you this
even if we could expect to get support, that won’t happen until the eleictions, we CANNOT wait for more elections
they will continue, more torture, more depleting our armed forces, more likely blackwater will be in control
we have to get this done as soon as possible and if that means dealing, well that’s what politics is all about…we have to deal
Eureka Springs @ 96
I recently made the accidentally that Dr Pepper is actually rather tasty with a little bit of scotch… Or without.
Eureka Springs @ 96
OK
Other Pat @ 98
Monica on anti-steroids.
LS @ 97
I’ve studied some japanese history. Part of their cultural heritage involves humiliating people under a person in authority and then making them apologize FOR BEING HUMILIATED. The last fifty years of western style governments have worked hard to get it out of their system, but Cheney’s behavior in that case was really very similar…proving that sadistic bullies are not culturally based!