White House: Of Course, the Rules Don't Apply to Cheney

At today's White House briefing, Administration spokeswoman Dana Perino attempted to downplay the import of Thursday's story of Vice President Cheney's refusing to allow Information Security Oversight Office officials to audit his handling of classified information and his alleged subsequent attempt to destroy the office.

From today's press briefing:

MS. PERINO: If you look at the EO, the President, in the performance of executive duties, and the Vice President are treated separately from agencies. The President did not intend -- I went back and looked into this -- the President did not intend for the Vice President to be treated separately from how he would treat himself. Agencies are to report to ISOO, and they do. I don't think there's any suggestion that no one else is complying. The Vice President was not intended to be separate from the President in this regard.

MS. PERINO: What I know -- and I am not a lawyer; and this is an interesting constitutional question that legal scholars can debate and I'm sure you'll find plenty of them inside the beltway -- is that the Vice President has a unique role in our United States government. He is not only the Vice President of the United States, but in that role he is also the President of the Senate. I will let him go ahead and --

Q So there's a fourth branch of government.

MS. PERINO: -- I will let that debate be held. But what I'm answering questions on in regard to this morning was Chairman Waxman's accusations about this small provision, going back and reading the EO and realizing that the President did not intend to have the Vice President treated any differently than himself; and remembering that the executive order is enforced solely by the President of the United States. I think this is a little bit of a non-issue.

I can't find any section in the order that could reasonably be interpreted as exempting the Vice President's office from the reporting rules. The order is linked below and I'd love to be pointed to any section that justifies the Vice President's position.

I did find this plain reading of the document, which makes it clear to anyone, lawyer or not, that the National Archives has the power to require reports and physically audit the Vice President's office in regards to confidential materials.

Sec. 5.2. Information Security Oversight Office. (a) There is established within the National Archives an Information Security Oversight Office. The Archivist shall appoint the Director of the Information Security Oversight Office, subject to the approval of the President. (b) Under the direction of the Archivist, acting in consultation with the Assistant to the President for National Security Affairs, the Director of the Information Security Oversight Office shall: [...]

4. have the authority to conduct on-site reviews of each agencys program established under this order, and to require of each agency those reports, information, and other cooperation that may be necessary to fulfill its responsibilities. If granting access to specific categories of classified information would pose an exceptional national security risk, the affected agency head or the senior agency official shall submit a written justification recommending the denial of access to the President through the Assistant to the President for National Security Affairs within 60 days of the request for access. Access shall be denied pending the response;[...]

Sec. 6.1. Definitions. For purposes of this order:

(a) "Access" means the ability or opportunity to gain knowledge of classified information.

(b) "Agency" means any "Executive agency," as defined in 5 U.S.C. 105; any "Military department" as defined in 5 U.S.C. 102; and any other entity within the executive branch that comes into the possession of classified information.

Full Executive Order. What is the Vice President hiding? As they like to say, if you aren't guilty, you have nothing to fear.

But once again, this Administration's philosophy is clear: We are kings and not even our own rules don't apply to us.