Executive Order-gate
For a White House that has offered a bountiful stream of substantive scandals for six years, the latest dust-up might be the most bizarre.
The background details are surprisingly straightforward. In 1995, the Clinton White House issued an executive order establishing uniform rules for protecting classified information. In 2003, the Bush White House revised it. The order plainly includes any executive-branch agency, any military department, and “any other entity within the executive branch that comes into the possession of classified information.” The entire branch of government, the order said, is subject to oversight.
This week, however, in light of revelations about the White House ignoring its own E.O., the Bush gang started spinning like a top.
The White House said Friday that, like Vice President Dick Cheney’s office, President Bush’s office is not allowing an independent federal watchdog to oversee its handling of classified national security information.
An executive order that Bush issued in March 2003 — amending an existing order — requires all government agencies that are part of the executive branch to submit to oversight. Although it doesn’t specifically say so, Bush’s order was not meant to apply to the vice president’s office or the president’s office, a White House spokesman said.
Look, I can appreciate the fact that the White House is in a jam here. Bush, Cheney, and the rest of the gang repeatedly mishandled classified materials during a time of war, got caught, ignored their own rules, and is now struggling to rationalize their conduct. When the federal agency responsible for oversight tried to do its job, the Vice President reportedly tried to abolish the agency. This isn’t a fact-pattern that’s easy to spin.
But the explanations thus far have been transparently ridiculous, up to and including the notion that the Vice President, as defined in Article II of the Constitution, isn’t actually part of the executive branch of government.
Perhaps it’s best to take a moment to summarize the questions that need answers:
* Why did Bush and Cheney abide by the executive order in question in 2001 and 2002, and then stop in 2003? Is it a coincidence they started ignoring the E.O. on handling classified materials just as they started mishandling classified materials?
* Why did Cheney abide by the E.O. in 2001 and 2002 if he’s not part of the executive branch?
* Why did the President exempt the Vice President from an executive order he was already following? Why did he later exempt himself?
* When, precisely, did the White House decide that Bush and Cheney should exempt themselves from their own rules?
* Does Bush consider Cheney part of the executive branch? Why has the White House thus far refused to respond to this question? Does the President consider this a trick question?
* In its response to questions about the E.O., why did the White House point to a provision of the E.O. that doesn’t exist?
* The White House insists, “There’s no question that [Cheney] is in compliance” with the E.O. If there is no oversight, and Cheney is unaccountable, how does the White House know?
* In yesterday’s press briefing, the president’s spokesperson dismissed the oversight provision of the E.O. as “small” six times. Does the White House believe only “big” provisions need to be followed? How does the administration make the distinction?
Senate Majority Whip Richard J. Durbin (D-Ill.) said yesterday, “Vice President Cheney is expanding the administration’s policy on torture to include tortured logic. In the end, neither Mr. Cheney nor his staff is above the law or the Constitution.”
At this point, I think they might quibble with that assertion.
So, now we start to see what I have been saying for the past five years: these people are far right radical revolutionaries. They are “conservative” in the exact same way and the exact same degree that Hitler was a “conservative”. And they have conned the “real” conservatives (whatever that is) in the same way Hitler did prior to 1933.
A historian whose name I forget at the moment pointed out that all the European powers failed to understand the revolutionary nature of France following the Revolution, and that this was the reason they were all defeated in their attempts to crush the revolution. This is the problem faced here in America (that was faced in Germany) – it is hard to believe that the enemy is someone operating in a completely different reality, so that the old ways of curbing the “obstreperous” no longer work.
It truly is “L’etat c’est moi” with Bush and Cheney.
And the frightening thing is that the Roberts’ Supreme Court would probably back them up if it went that high on appeal…
I think this begs the question: How do we correct the reactionary tilt of the US Supreme Court?”
-We can wait for one of the hard core four to die/retire – don’t bet on it.
-How about impeachment of either Scalia, Thomas, etc???…conviction in the US Senate after the House has voted to impeach would require a 2/3 majority – again not likely.
-So why not pack the Supreme Court, as FDR tried to in 1937? See the following:
http://en.wikipedia.org/wiki/Judiciary_Reorganization_Bill_of_1937
Of course, the Senate would also probably need to change its rules to end “unlimited debate” or filibuster to get any court packing legislation to a vote (after a Democratic Party landslide in 2008…LOL) but I believe a rules change only requires a majority vote.
As I heard the reinforcement of my understanding of American political history by a guest of Keith Olbermann’s (I think it was Dana Milbank of all people), I couldn’t help lingering on one point – that our system of governance is predicated on the restraint of reasonable men and women.
It has become painfully obvious that both Bush and Cheney are not restrained, nor reasonable. For the good of our nation for generations to come. these two need to be impeached and tried for high crimes as a result of their undermining our jurisprudence, leading us into aggressive war on lies, and parading around as if they are above the law. -Kevo
I wouldn’t want to work for the government if my safety depended upon the willingness of anybody in either the Vice President’s Office or the White House to keep a national security secret. Would you.
Next up: Term limits? We decided we don’t like those.
I sometimes wonder, are the members of BushCo desperately stonewalling because they know they’ll go down hard if the truth comes out, or are they just being arseholes because they can?
Then I realize it doesn’t matter. They need to get the fuck out now.
They act like dictators and refuse to be held accountable. They flatly refuse any oversight.
They’ve ransacked the treasury so aren’t even concerned about funding for their offices. Whoever said they were not above the rule of law is just lying to themselves. No one has ever been able to tell them “no” and make it stick.
The legislative branch continues to pretend this is still a democracy and stand around with thumbs up their butts while the administration prepares to attack Iran.
Congress won’t be able to do later what they could do now and all the public can do is “watch” it happen in frustration as our representatives repeat, “Oh, he wouldn’t do that”.
And what are the chances that Gonzales will not interpret the E.O. in Bush’s and Cheney’s favor? I mean, Gonzales is someone who has shown time and again that his allegiance is not in the best interests of the people, but in the WH, which means the WH must be pretty confident that they will get the ruling they want – they’re practically telling Gonzales what they want him to say – and the question I have is, then what? The reponse cannot be, “Oh, okay – fine – carry on.”
In some ways, it would be less theatrical if they would just come out and say, “Orders, schmorders. Forget the laws, too. We do what we want, and if you want to stop us, bring it.”
I really, really worry about the impact this announcement is going to have on people in government service. How can anybody in government trust that what they are doing is really kept secret. Near as I can tell the only people this administration wants to keep in the dark are the American people.
The slow, steady and systematic investigation by Congress of all the multifarious misdemeanors and crimes of the administration is the country’s best and surest way of correction and restitution. Now that there is talk of pursuing a contempt of Congress motion if the White House fails to respond to subpoenas for testimony and documents, the ante is being upped. As long as the administration are bent on playing silly buggers with their constitutional obligations this is the way it will go. While it is good to see that congress are prepared to follow through on this, it could be a very long and frustrating journey that may outreach the term of this government. That would be very difficult for a lot of people to thole. But what other option is there?
Impeachment is the other obvious option, and there sure is enough evidence already to proceed. But again, it may outreach the term of the culprits. Would that matter? Maybe not, but is it necessary, if oversight and investigation fulfills its purpose? That really is the question: how powerful is congress in the face of such “obstreperous” resistance and obstruction? When push comes to shove, who holds the cards?
The most troubling thought is a program of escalating tension leading to an armed assault on Iran, followed by a declaration of a state of emergency and martial law. That that option is open to them cannot be denied, and it’s not hard to sense that a search for the provocation necessary to justify it is underway. That truly would be a doomsday worst-case scenario. Then what?
These folks still have 18 months to screw things up. Judging by the last 6 1/2 years of incompetent administration, I am sure they will find a way.
#4 Kevo ‘ that our system of governance is predicated on the restraint of reasonable men and women.’
People tend to think our fine constitution is bulletproof. There is no invulnerable set of laws. Given human nature the ideal is probably unattainable. The best conceivable paradigm for government cannot succeed when that government is controlled by UNCHALLENGED miscreants. To let their actions go unpunished is to guarantee that they will be repeated, become traditional.
What democratic president in 08 will have the guts to save our republic by actively and relentlessly pursueing these scoundrels and legally clarifying and modifying regulations to prevent future abuses?
#12, you pose a good observation. Our founding framers knew that man unto himself is not trustworthy, and set up competing institutions sharing power. Your query is very salient for generations to come. These scoundrals in the WH need to be prosecuted to the furtherest extent of the law so our Constitutional heritage can move forward. I would hope that even if this malfeasent administration runs the clock out, the next group of elected leaders continues to bare the corruption that has become synonomous with the presidency of George W. Bush. -Kevo
All I can say is that they must have some dirt on Pelosi and Reid. For them to sit by while this happens is very disconcerting.
The only thing that will save our republic is to pursue these folks until they are punished fully and the rule of law is re-established. Our Constitution must remain the ultimate source for guidance. I have no idea how this can or will be done, with the “strict constructionists” we have on the Supreme Court. Scalia is cruising for an impeachment too, with his love for the torture and Jack Bauer. My fear is as Goldilocks said above, we’re attacked, or they start a war with iran and declare martial law here, and suspend elections. Then I hope our good friends in NATO and the UN will declare us a Rogue Nation and invade us. Because honestly, the right-wingers are the citizens here with the most fire-power and who are most likely to use them. Also note that BlackWater has already been used on US soil… we are living in very scary times folks.
So, impeachment hearings today, war crimes tribunals tommorrow. That’s my mantra.
Holy crap! Things are getting worse and nobody seems to be paying attention. Impeachment is no longer an option, it is an imperative. The suggestion of defunding the office of the VP is a bandaid, better than nothing, but not enough. This is a serious crisis.
It seems to me that it is about time for the democrats to hold the Republican’s feet to the fire. Make the Republicans get up and explain during their threatened filibuster obstructionism why they are defending the Executive branch. Make them chose sides; which will make it easier to get them out of office next election cycle.
Cheney acts as if he is above the law.
Dick Cheney is the power behind the throne. Of course, he and Bush believe they are exempt from Presidential Executive Orders.
Still, Presidential Executive Orders during the War on Terror can be used by the executive branch to further destroy the Constitution and our liberties.
Read the Final Presidential Executive Order from the online book, “The Swiss Preserve Solution” at http:// http://www.swissconfederationinstitute.com/swisspreserve14.htm