Cheney Can NOT Declassify at Will

[kpete]

Cheney Can NOT Declassify at Will
by emptywheel
Thu Mar 29, 2007 at 05:22:17 AM PDT

In response to a question from Congressman Hodes, you stated unequivocally that the President has absolute authority to declassify information. Then, Congressman Davis asked you a follow-up question regarding the ability of the President and the Vice President to declassify. In your response, you simply repeated your earlier answer, that the President has absolute authority to declassify information. Does the Vice President have the ability to declassify information beyond that for which he is the original owner? If so, under what circumstances? Would there be any paperwork if he had done so? Would he need back-up from the President if this occurred?

Reply: My comments at the hearing with respect to the President's authorities dealt with classified national security information as established in Executive Order (E.O.) 12958, as amended. The Vice President's declassification authority for such information beyond which he authorized the original classification would depend upon the extent to which he has been delegated that authority by the President. (my emphasis)Text

...................

That is, Cheney can only declassify things (as distinct from the classification authority included in the Executive Order that he keeps citing), if he either originally classified the material or Bush tells him so specifically.

.........

This is critically important. Though Libby testified Cheney had assured him Bush had declassified Plame's identity the NIE before Libby leaked it, Libby had no independent evidence that Bush actually did so.

Q. And do you know when the Vice President talked to the President to get the permission for you to discuss this with the press and in effect in your mind declassify the document?

A. No, sir.

Q. And were you present for that conversation?

A. No, sir.

And since that time, as we have seen, Cheney has made a concerted effort to claim he would have had the authority to declassify Plame's identity the NIE all by himself. Note--he has done so by referring to the Executive Order, not to the kind of delegated authority that Leonard explains Cheney would need.

Which means that if Libby leaked Plame's identity the NIE based on just Cheney's say so, the leak would be illegal.

more at:
http://www.dailykos.com/storyonly/2007/3/29/81522/7868

[Little Wing]

1. It's either illegal, or Bush ordered it

Wonder which one they'll choose

[lazer47]

2. So this means what??

That Cheeeeeeny could declassify the formula for an atomic bomb and give it to whom ever he wanted too, I think some people had better rethink his authority.

[Fiendish Thingy]

3. Didn't Bush sign an Exec. Order granting Cheney the same authority

to declassify information as the President? That's what has been repeated over and over, although I'm unaware of any original source for the executive order. I know this is what Cheney claimed in the famous Fox interview after the shooting, when he was asked directly about his authority to classify and declassify...

If he wasn't granted the blanket authority to classify/declassify based on just his say-so (as is claimed by many freepers in Cheney/Libby's defense), then THIS could be the thread that leads to Cheney's impeachment, should the Dem's choose to tug on it...

[librechik]

5. if you read the original post, the executive order you refer to is our topic

the post is trying to clarify the meaning of that E.O.

welcome to DU!

:hi:

[Fiendish Thingy]

6. I got that, but thought there might be another E.O. that Cheney

claimed gave him the authority.
I read the dkos story which makes it a little clearer; if there is no specific E.O. giving Cheney "instant declassification" authority (maybe it's classified?), then this should have been a centerpiece of Fitzgerald's investigation- why didn't Fitz go after Cheney? or, if Bush Authorized Cheney's leak, why wasn't this exposed by Fitzgerald (perhaps that's the main reason why they gave joint, unsworn testimony?).

as they say, this is HUGH 1!1!11


p.s. thanks for the welcome, but I've been around since 2004...

[DaveJ]

7. Cheney was using EO 13292

Throughout Executive Order 13292, there are changes to the original Clinton order which, in effect, give the vice president the power of the president in dealing with classified material. In the original Clinton executive order, for example, there appeared the following passage:

Classification Authority.
(a) The authority to classify information originally may be exercised only by:
(1) the President;
(2) agency heads and officials designated by the President in the Federal Register...

In the Bush order, that section was changed to this (emphasis added):

Classification Authority.
(a) The authority to classify information originally may be exercised only by:
(1) the President and, in the performance of executive duties, the Vice President;
(2) agency heads and officials designated by the President in the Federal Register...

Edit: I'm not sure how this applies to declassification. More on it here:

http://www.nationalreview.com/york/york200602160841.asp

[hedgehog]

4. I have watched Cheney in amazement since he took office.

To the best of my knowledge, the only Constitutional duty of the vice-president is to preside over the Senate. I am unaware of any other authority accruing to the vice president. Watching Cheney assume all sorts of powers has been a real education.

[mmonk]

8. He can do anything he wants if he isn't going to be held

accountable.

[Supersedeas]

9. and there's the gravaman.

[mmonk]

13. aye.

[OmmmSweetOmmm]

10. Here is the link to the Executive Order that I believe gives Cheney the ability to declassify.

http://www.fas.org/sgp/bush/eoamend.html

[mmonk]

11. And from that order, one of things that can't be declassified:

c) intelligence activities (including special activities), intelligence sources or methods, or cryptology;

[BlooInBloo]

12. Wow - what a false title. The veep CAN, if the President says so...

... Which is WORLDS different from "Cheney Can NOT Declassify at Will"