Remember - Cheney claims HE can declassify too.

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Fri Apr-07-06 11:10 AM
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Remember - Cheney claims HE can declassify too.

This article might figure into this defense that has been presented by Libby. He was given permission to leak the information. The question is - was it classified. If not - when was it declassified - and who declassified it, right?

In a recent court filing, Special Counsel Patrick Fitzgerald revealed Libby’s assertions to a grand jury that superiors had authorized him to spread sensitive information from a National Intelligence Estimate. The administration used the NIE assessment on Iraq and weapons of mass destruction as part of its justification for going to war.

At the time of Libby’s contacts with reporters in June and July 2003, the administration, including Cheney, who was among the war’s most ardent proponents, faced growing criticism.

No weapons of mass destruction had been found in Iraq, and Bush supporters were anxious to show that the White House had relied on prewar intelligence projecting a strong threat from such weapons.

<snip>
Fitzgerald did not specify which superiors Libby may have been referring to when he testified that higher-ups had authorized him to spread sensitive information.

Transcript from that interview in February

Hume: Let me ask you another question. Is it your view that a Vice President has the authority to declassify information?

Cheney: There is an executive order to that effect.

Hume: There is.

Cheney: Yes.

Hume: Have you done it?

Cheney: Well, I’ve certainly advocated declassification and participated in declassification decisions. The executive order —

Hume: You ever done it unilaterally?

Cheney: I don’t want to get into that. There is an executive order that specifies who has classification authority, and obviously focuses first and foremost on the President, but also includes the Vice President.

So... while we are getting all tripped up in this Bush thing - Libby said that Cheney told him that Bush authorized this leak. But did Cheney declassify it? Or did they change their story to Bush because the Cheney thing wouldn't fly??

On the reality of the Vice President and declassification - The Washington Note looked into this back then, and came up with some great details on that Executive Order mentioned by Cheney in that interview:

Now, let's move to the March 25, 2003 Executive Order by President Bush, No. 13292, that amends President Clinton's Executive Order on National Security Information.

<snip>
Briefly, in the amended Executive Order, Dick Cheney and presumably future VPs are affected by this National Security Information presidential order in the following ways:

1. The Vice President, in the context of his duties, has the authority to "classify" information;

2. The Vice President, in the context of his duties, can give a "top secret" classification to information;

3. The Vice President can give a "secret" or "confidential" classification to information;

4. Like in the previous 1995 Executive Order, the automatic, 25-year declassification of national security information can be preempted if it would impair the ability to "protect" the Vice President from physical harm;

5. Mandatory declassification review (by a designated process) is required of information originating from the Vice President;

6. Mandatory declassification review is required from the Vice President's staff;

7. Access to certain national security information can be provided to individuals who occupied policy-making positions appointed by the Vice President (or President of course)

8. Rules barring access to certain classified national security information will be waived for the Vice President;

9. Waivers to rules of access to classified national security information will only apply to Vice Presidential appointees in areas of their policy work while working as an Executive Branch appointee;

10. This mention of the VP only relates to the above line saying that access to classified national security information will only be provided to Presdidential and Vice Presidential appointees in the area of his or her policy work that was done during the tenure of that respective President or Vice President;

11. "'Original classification authority' means an individual authorized in writing, either by the President, the Vice President in the performance of executive duties. . ." This is a definitional item in the Executive Order.

There is NOTHING HERE that indicates that the Vice President has any embedded authority to be a declassification machine unto himself.

Please note that this order was from MARCH 2003.