So... who IS part of the Executive Branch?

[wordsmythe]

The Raw Story | Cheney tells agency that Vice President's office is not part of the executive branch

Cheney tells agency that Vice President's office is not part of the executive branch Michael Roston
Published: Thursday June 21, 2007

The Office of Vice President Dick Cheney told an agency within the National Archives that for purposes of securing classified information, the Vice President's office is not an 'entity within the executive branch' according to a letter released Thursday by the House Committee on Oversight and Government Reform.

"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."

Waxman noted that Cheney's office had declared itself not affected by an executive order amended by President George W. Bush in 2003 regarding classification and declassification of government materials.

"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.

The Vice President's office's refusal to comply with the executive order and the National Archives's request prompted the National Archives to file a complaint with the Attorney General's office. But the Justice Department has not followed up on the Archives's request.

In response, Waxman issued a set of questions to which he requested answers by July 12.

The full set of documents from Waxman's office can be found at the Oversight Committee's website.

[wordsmythe]

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The White House says the president's own order on classified data does not apply to his office or the vice president's.
By Josh Meyer, Times Staff Writer
June 23, 2007

WASHINGTON — 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.

The issue flared Thursday when Rep. Henry A. Waxman (D-Los Angeles) criticized Cheney for refusing to file annual reports with the federal National Archives and Records Administration, for refusing to spell out how his office handles classified documents, and for refusing to submit to an inspection by the archives' Information Security Oversight Office.

The archives administration has been pressing the vice president's office to cooperate with oversight for the last several years, contending that by not doing so, Cheney and his staff have created a potential national security risk.

Bush amended the oversight directive in response to the Sept. 11 terrorist attacks to help ensure that national secrets would not be mishandled, made public or improperly declassified.

The order aimed to create a uniform system for classifying, declassifying and otherwise safeguarding national security information. It gave the archives' oversight unit responsibility for evaluating the effectiveness of each agency's classification programs. It applied to the executive branch of government, mostly agencies led by Bush administration appointees — not to legislative offices such as Congress or to judicial offices such as the courts.

"Our democratic principles require that the American people be informed of the activities of their government," the executive order said.

But from the start, Bush considered his office and Cheney's exempt from the reporting requirements, White House spokesman Tony Fratto said in an interview Friday.

Cheney's office filed the reports in 2001 and 2002 but stopped in 2003.

As a result, the National Archives has been unable to review how much information the president's and vice president's offices are classifying and declassifying. And the security oversight office cannot inspect the president and vice president's executive offices to determine whether safeguards are in place to protect the classified information they handle and to properly declassify information when required.

Those two offices have access to the most highly classified information, including intelligence on terrorists and unfriendly foreign countries.

Waxman and J. William Leonard, director of the Information Security Oversight Office, have argued that the order clearly applies to all executive branch agencies, including the offices of the vice president and the president.

The White House disagrees, Fratto said.

"We don't dispute that the ISOO has a different opinion. But let's be very clear: This executive order was issued by the president, and he knows what his intentions were," Fratto said. "He is in compliance with his executive order."

Fratto conceded that the lengthy directive, technically an amendment to an existing executive order, did not specifically exempt the president's or vice president's offices. Instead, it refers to "agencies" as being subject to the requirements, which Fratto said did not include the two executive offices. "It does take a little bit of inference," Fratto said.

Steven Aftergood, director of the Federation of American Scientists' government secrecy project, disputed the White House explanation of the executive order.

He noted that the order defines "agency" as any executive agency, military department and "any other entity within the executive branch that comes into the possession of classified information" — which, he said, includes Bush's and Cheney's offices.

Cheney's office drew criticism Thursday for claiming that it was exempt from the reporting requirements because the vice president's office is not fully within the executive branch. It cited his legislative role as president of the Senate when needed to break a tie.

At a Friday news conference, White House spokeswoman Dana Perino said constitutional scholars could debate that assertion.

But, she said, Cheney's office is exempt from the requirements because the president intended him to be.

[notyoubob]

This is exactly why there should never be just one party holding all three branches of government. Don't care which one either. Checks and balances only work when not all get their marching orders from the same bozo.

[jeezeweeze]

The Vice President's office's refusal to comply with the executive order and the National Archives's request prompted the National Archives to file a complaint with the Attorney General's office. But the Justice Department has not followed up on the Archives's request.

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Well now ain't that just special.

I guess when King George said he was the" DECIDER", and that he would run "HIS GOVERNMENT" as he sees fit, He wasn't playing around.
IMHO
Cheney is and always has been the real decider. The goat just does as told .

Bush is a Judus goat.


Urban Dictionary: Judas Goat

[Highwayman]

The Vice President’s office is unique as duties are split between the executive branch and as President of the Senate, the legislative branch.

That said we’re talking about an executive order, not a law passed by Congress. The President can interpret his own order any way he chooses to. If you want to object to the wording or the intent he can change it while we argue about it. It works that way when Democrats are in the White House the same as a Republican.

Waxman and the Democrats need to fine something serious to do besides attempting to create scandals where none exist. Or just go piss up a rope.

[Army_of_One]

Originally Posted by Highwayman

just go piss up a rope.

Now THAT sounds like a good idea!