Reidblog [The Reid Report blog]

You knew Dick Cheney waas a bad guy, but who knew he was a fourth branch of government unto himself? From NBC News:

Vice President Cheney's office has refused to comply with an executive order governing the handling of classified information for the past four years and recently tried to abolish the office that sought to enforce those rules, according to documents released by a congressional committee yesterday.

Since 2003, the vice president's staff has not cooperated with an office at the National Archives and Records Administration charged with making sure the executive branch protects classified information. Cheney aides have not filed reports on their possession of classified data and at one point blocked an inspection of their office. After the Archives office pressed the matter, the documents say, Cheney's staff this year proposed eliminating it.

The dispute centers on a relatively obscure process but underscores a wider struggle waged in the past 6 1/2 years over Cheney's penchant for secrecy. Since becoming vice president, he has fought attempts to peer into the inner workings of his office, shielding an array of information such as the industry executives who advised his energy task force, details about his privately funded travel and Secret Service logs showing who visits his official residence.

The aggressive efforts to protect the operations of his staff have usually pitted Cheney against lawmakers, interest groups or media organizations, sometimes going all the way to the Supreme Court. But the fight about classified information regulation indicates that the vice president has resisted oversight even by other parts of the Bush administration. Cheney's office argued that it is exempt from the rules in this case because it is not strictly an executive agency. ...

And to that, Mr. Waxman had this to say:

"The Oversight Committee has learned that over the objections of the National Archives, you exempted the Office of the Vice President from the presidential executive order that establishes a uniform, government-wide system for safeguarding classified national security information," Rep. Henry Waxman (D-CA), the Committee's chairman, wrote in a letter to Cheney. "Your decision to exempt your office from the President's order is problematic because it could place national security secrets at risk. It is also hard to understand given the history of security breaches involving officials in your office."

... "Your position was that your office 'does not believe it is included in the definition of 'agency' as set forth in the Order' and 'does not consider itself an 'entity within the executive branch' that comes into the possession of classified information,'" a National Archives official claims Cheney chief of staff David Addington wrote to him.

Full documents available here. The National Archives has requested a Justice Department investigation, but so far, surprise surprise, Alberto Gonzales has not even replied. Furthermore:

In 2004, the Archives' Information Security Oversight Office, a 25-member agency responsible for securing classified information, decided to conduct an on-site inspection of Cheney's office to see how sensitive material was handled. The vice president's staff, according to a letter Waxman sent Cheney, blocked the inspection.

After the Chicago Tribune reported last year that Cheney failed to report classification data, the Federation of American Scientists filed a complaint. J. William Leonard, director of the Archives' oversight office, sent two letters to Cheney's chief of staff, David S. Addington, requesting compliance with the executive order but received no replies. Leonard then wrote Attorney General Alberto R. Gonzales in January asking him to render a legal ruling on whether the vice president is violating the order. Gonzales has not replied.

In an interview yesterday, Steven Aftergood, who directs the federation's Project on Governmental Secrecy, said the dispute concerns "a very narrow bit of information" but indicated a broader disregard for following the same rules as the rest of the executive branch. "By refusing to comply with these trivial instructions, the vice president undermines the integrity of the executive order," he said. "If it can be violated with impunity on a trivial point, then it can also be violated on more important matters."

And lets go it one better ... er ... worse: what does Dick do with an agency that's bothering him? He tries to eliminate it:

For four years, Vice President Dick Cheney has resisted routine oversight of his office’s handling of classified information, and when the National Archives unit that monitors classification in the executive branch objected, the vice president’s office suggested abolishing the oversight unit, according to documents released yesterday by a Democratic congressman.

The Information Security Oversight Office, a unit of the National Archives, appealed the issue to the Justice Department, which has not yet ruled on the matter.

Representative Henry A. Waxman, Democrat of California and chairman of the House Committee on Oversight and Government Reform, disclosed Mr. Cheney’s effort to shut down the oversight office. Mr. Waxman, who has had a leading role in the stepped-up efforts by Democrats to investigate the Bush administration, outlined the matter in an eight-page letter sent Thursday to the vice president and posted, along with other documentation, on the committee’s Web site.

Officials at the National Archives and the Justice Department confirmed the basic chronology of events cited in Mr. Waxman’s letter.

The letter said that after repeatedly refusing to comply with a routine annual request from the archives for data on his staff’s classification of internal documents, the vice president’s office in 2004 blocked an on-site inspection of records that other agencies of the executive branch regularly go through.

But the National Archives is an executive branch department headed by a presidential appointee, and it is assigned to collect the data on classified documents under a presidential executive order. Its Information Security Oversight Office is the archives division that oversees classification and declassification.

“I know the vice president wants to operate with unprecedented secrecy,” Mr. Waxman said in an interview. “But this is absurd. This order is designed to keep classified information safe. His argument is really that he’s not part of the executive branch, so he doesn’t have to comply.”...

And of course, if any administration department -- or non-department as the Cheney case may be -- should be careful about how it handles secrets, it's the office of the vice president:

Mr. Waxman asserted in his letter and the interview that Mr. Cheney’s office should take the efforts of the National Archives especially seriously because it has had problems protecting secrets.

He noted that I. Lewis Libby Jr., the vice president’s former chief of staff, was convicted of perjury and obstruction of justice for lying to a grand jury and the F.B.I. during an investigation of the leak of classified information — the secret status of Valerie Wilson, the wife of a Bush administration critic, as a Central Intelligence Agency officer.

Mr. Waxman added that in May 2006, a former aide in Mr. Cheney’s office, Leandro Aragoncillo, pleaded guilty to passing classified information to plotters trying to overthrow the president of the Philippines.

“Your office may have the worst record in the executive branch for safeguarding classified information,” Mr. Waxman wrote to Mr. Cheney. ...

Amen.

The president of the United States has an outlaw on his hands. Dick Cheney has pushed George W. Bush around from the time he named himself vice president, filled his purported boss' administration with his own neocon accolytes, and then bullied this president into starting an unnecessary war. It's arguable that it is Cheney who primarily is responsible for pushing the administration to remain in Iraq, unless you buy the theory that Bushie has been thoroughly indoctrinated by now, and needs no further flattering or cajoling into the throes of neoconservatism. But now, Mr. Cheney has become a rogue operator, conducting his own foreign policy, his own domestic secrecy operation, and now, naming himself a separate branch of government.

George W. Bush's presidency is already lost. But he can recover his manhood by finally sidelining Dick Cheney.