Vice President Dick Cheney’s office on Monday responded separately from the White House to a Senate subpoena for documents on warrantless wiretapping and resurrected the controversial contention that Cheney is not part of the executive branch.
Senate Judiciary Committee Chairman Patrick Leahy (D-Vt.) set Monday’s subpoena deadline after granting an extension request by the White House. Presidential counsel Fred Fielding, as expected, told Leahy in a letter that a second delay, until after Labor Day, would help Congress and the administration “expeditiously seek a means of accommodation that will negate the need for an assertion of executive privilege.”
But the response from the vice president was more surprising, because the White House was believed to have abandoned the argument that Cheney is a hybrid entity with both executive and legislative powers.
Cheney’s lawyers first crafted the argument to bolster his lack of compliance with an executive order on the safeguarding of classified information, a tactic that backfired amid Democratic anger and derisive jokes on late-night talk shows. Yet Cheney counsel Shannen Coffin wrote to Leahy on Monday that “the issuance of the subpoena to this office was procedurally irregular” because the judiciary panel only authorized Leahy to issue summonses to the Executive Office of the President (EOP) and the Justice Department.Maybe Cheney should look at the
White House web site, which indicates that the Vice President and his staff maintain offices in the White House and the Eisenhower EXECUTIVE Office Building.
Or maybe Cheney should read the US Constitution, where he'd find the following:
Article. II. - The Executive Branch
Section 1 - The President
The executive Power shall be vested in a President of the United States of America. He shall hold his Office during the Term of four Years, and,
together with the Vice-President chosen for the same Term, be elected, as follows:
Section 4 - Disqualification
The President,
Vice President and all civil Officers of the United States, shall be removed from Office on Impeachment for, and Conviction of, Treason, Bribery, or other high Crimes and Misdemeanors.
Amendment XII.
The Electors shall meet in their respective states and vote by ballot
for President and Vice-President...
I could go on, but you get the point. Cheney's argument is stupid, and flies in the face of more than 200 years of US history. The only reason I can think of for making it is that he's trying to divert attention from more substantive issues concerning the way the Bush administration governs. Senator Leahy would do well to slap Cheney down HARD on this point and get Cheney to stop making it once and for all.