Reply #104: This is interesting...

[Buttercup McToots]

http://thenexthurrah.typepad.com/the_next_hurrah/2007/08/documents-from-.html

August 20, 2007
Documents from Dick, not Bush?!?!?
by emptywheel

As ThinkProgress reports, the Senate Judiciary Committee was about to issue subpoenas on the warrantless wiretapping program. And then Cheney told Specter no. And Specter did what Cheney told him to do. Lesson number 383,947 in why Specter is the most pathetic piece of haggis in the Senate.

In fact, we were about to issue subpoenas then and one of the senators came to our meeting and said that the vice president had met with the Republican senators and told them they were not allowed to issue subpoenas.

Not quite sure that’s my understanding of the separation of powers, but it seemed to work at that time.

I'm just guessing outtamyarse, but what do you want to bet the subpoenas in question were ones Schumer wanted to issue to John Ashcroft, James Comey, and Jack Goldsmith back in February 2006? You know, the ones that would have elicited the hospital story from Comey before the PATRIOT Act got renewed? You think maybe Cheney told Specter that he couldn't solicit the very same testimony that has gotten the Administration in such hot water this year?

Nah.

But the thing I'm most interested in is the reasoning behind the dual treatment of the White House and OVP. As Leahy said, the Administration claimed that it is not part of the Executive Office of the President.

Incidentally, in the administration’s response today, they claimed the Office of the Vice President is not part of the Executive Office of the President. So it’s some kind of fourth branch of government.

Well, that’s wrong. Both the United States Code says it is part of the president — oh, incidentally, at least this morning, as I left Vermont, I checked the White House Web site. And even their own Web site, this morning, at least, says that the Executive Office — that the vice president is part of the Executive Office of the President.

What I find most interesting, though, is that these two purportedly constitutionally separate offices responded differently to the subpoena. OVP turned over a log of documents responsive to the subpoena.

I received a letter this morning from the Office of the Vice President identifying some documents that would be responsive to the committee’s subpoena.

Now, the acknowledgement of these documents is a good first step. I don’t know why it’s taken so long, but it’s a good first step. And it should be followed by the administration turning them over which, of course, is what we requested in the subpoena.

But the White House response did not even offer that much--it refused to even offer a list of documents.

The letter I received today from the White House Counsel did not identify any documents, but expressed vague hopes of negotiation and accommodation while raising the specter of more privilege claims.

So, what gives? Dick Cheney is all of a sudden more cooperative with the outdated second branch of government than Bush? Why the different approach?