John Kerry Statement and Letter on Cheney's "ridiculous claim"

[globalvillage]

“It comes as no surprise that the ‘imperial president’ and his vice president are once again trying to dodge scrutiny with a ridiculous claim that Dick Cheney is not part of the executive branch of government,” Kerry said. “This is an unprecedented break with hundreds of years of history, and undermines the integrity of executive power and the Executive Order as an institution.”

June 25, 2007

David S. Addington
Chief of Staff
Office of the Vice President
Eisenhower Executive Office Building
Washington, DC 20501


Dear Mr. Addington,


I write today with concern over recent reports that the Vice President has self designated his position as part of neither the legislative branch nor the executive branch, and is therefore not accountable to the laws that govern either branch.

As you know, Vice President Cheney has refused to allow routine inspections or issue mandated reports on classified information as required by executive order 12958. The justification issued by the Vice President for violating this executive order is that he not in fact part of the executive branch and therefore is not subject to this mandate. This is an unprecedented break with hundreds of years of history and does not keep good faith with the hierarchy of government.

While I appreciate that the Vice President has authority as President of the Senate, this does not exclude him from the executive and its oversight. Claiming to be party to neither the legislative branch nor the executive branch only serves to evade a standing executive order and bring secrecy to the Office of the Vice President. It is my understanding that the Executive Order to comply with the Information Security Oversight Office of the National Archives pertains to any, “Entity within the executive branch that comes into the possession of classified information.”

Any classified information that came to the Vice President would have been through his executive function, not through his legislative role, and therefore subject to oversight and review by the National Archives. The Vice President has routinely operated as a member of the executive branch and all the benefits and responsibilities that comes with that position. To propose that all this time the Vice President did not believe he was functioning as a member of the executive branch is disingenuous.

In the interest of transparency I request the reasoning behind any claims that the Office of the Vice President does not fall under the executive branch. Additionally, given that the Office of the Vice President has not been issuing reports or allowing inspectors to verify any safeguards, I would like to know what steps the Office is taking to protect classified information. This is our nation’s most sensitive information and it is critical that it is kept protected which is why the Archives does this oversight.

Your attention to this matter is appreciated.

Sincerely,



John F. Kerry

[sicksicksick_N_tired]

1. Hmpf. We LET the RW destroy him. Why should we listen to him, now. n/t

[babylonsister]

2. Huh? Who the heck are you talking about? nt

[sicksicksick_N_tired]

4. Oh,...not you,...or me, for that matter.

I'm talking about the "us" who adopted the RW-attack-machine---> hook, line and sinker.

I'm sure the "us" I'm talking about will show up, eventually.

[babylonsister]

7. I still don't know what you're talking about, but that won't be the first

time that's happened to me!

[emulatorloo]

14. I understand your point -- Thank goodness Kerry continues to fight for us no matter what

EOM

[babylonsister]

3. Thank you, Senator, for having our best interests at heart!

:patriot:

[fedupinBushcountry]

5. Truth to power

Again Senator Kerry hits them with facts and truth.

:applause:

[politicasista]

6. K&R

:kick:

[alstephenson]

8. Very nice response.

Thank you, Senator Kerry!

[Venus Dog]

9. I'm sure this is being read all over the MSM

:eyes:

[Toots]

10. Any bets on how many seconds it took for that letter to hit the waste basket?

Along with a huge guffaw......

[globalvillage]

12. I'll take that bet, Toots.

Why would they toss it? They're probably emailing it around to the rest of the criminals like a chain letter.
Sure, they're likely to ignore it just like they're ignoring the laws they're breaking and everything else that's said about their abuse of power.
But he wrote it, and that's important.

[ProSense]

11. Excellent.

There is an outstanding question: What did Cheney start doing in 2003 that gave him reason to prevent executive branch oversight?

Imagine the extent of the illegal activities the answer encompasses.

[Miss Chybil]

13. Like Mr. Addington will actually READ the letter.

He and Cheney have committed a coup upon our government and our country. I doubt either of them feel compelled to read such trifles from the likes of a mere Senator.

/sarcasm

[rosesaylavee]

15. Recommended.

Thanks for posting.

[ginnyinWI]

16. k&r for Senator Kerry n/t

[Major Hogwash]

17. I'd vote for Kerry again tomorrow, in a heartbeat!!

He was the best Democratic Presidential candidate I've seen in 30 years.
Gawd, did we get ripped off!!

[WildEyedLiberal]

19. A-freaking-men.

My fervent wish is to get that opportunity again in my life. Unless I get the chance to vote for him again in the future, I think it'll be the best vote I ever cast.

[ProSense]

21. You make me

want to cry. Thanks! :)

John Kerry had a specific agenda to move the country in a direction a lot more Americans (meaning even some Republicans) have now come to appreciate. His progressive agenda was frowned on by the right and some establishment Democrats, but we see how Democratic silence and a tendency to look the other way can destroy a democracy. After Iraq, the Roberts and Alito confirmations to the SCOTUS are probably the two most damaging outcomes of the Bush administration. Sure Bush would have replaced them with other conservatives, but these two were the architects of the unitary executive push. They were entrenched and should never have been confirmed. The RW was fighting not only for their existence in 2004, but also to rapidly advance their agenda. They were willing to do anything to retain power. That's what Kerry was up against; that and a country that really couldn't see what Bush and his cronies were up to. Enough!

[deacon]

18. cheney has been funded as part of the executive branch all along

so doesn't that negate his bizarre claim anyway? Or maybe he should be required to refund all monies allotted him?

[blm]

20. Exactly - if he believed he was being wrongly funded and took the money anyway

then he STOLE that money.

[politicasista]

22. K&R

:kick:

[Mass]

23. Addington's answer, via Raw Story.

Cheney's chief of staff rebukes Kerry on Cheney's secrecy oversight

Vice President Dick Cheney's chief of staff dodged a senator's inquiry into whether Cheney is actually part of the executive branch in a letter sent Tuesday.

A copy of the letter from David Addington to Sen. John Kerry, D-Mass., was released to RAW STORY. Kerry said the "legalistic" response from Addington "raises more questions than it purports to answer."

"Dear Senator Kerry," Addington writes. "The executive order on classified national security information -- Executive Order 12958 as amended in 2003 -- makes clear that the Vice President is treated like the President and distinguishes the two of them from 'agencies.'"

No longer satisfied with the Vice President's office's claim that Cheney is actually an admixture between the legislative and executive branch, Addington now posits that the Vice President's office is not an "agency."

"The executive order gives the , under the supervision of the Archivist of the United States, responsibility to oversee certain activities of 'agencies,' but not of the Vice President or the President."

"Constitutional issues in government are generally best left for discussion when unavoidable disputes arise in a specific context instead of in theoretical discussions," Addington adds. "Given that the executive order treats the Vice President like the President rather than like an "agency," it is not necessary in these circumstances to address the subject of any alternative reasoning, based on the law and the history of the legislative functions of the vice presidency and the more modern functions of the vice presidency, to reach the same conclusions that the vice president is not an 'agency' with respect to which ISOO has a role."

[globalvillage]

25. Kerry's reply to Addington's response

June 26, 2007


David S. Addington
Chief of Staff
Office of the Vice President
Eisenhower Executive Office Building
Washington, DC 20501


Dear Mr. Addington,


Thank you for your prompt reply to my letter dated June 25, 2007 in reference to the Vice President’s refusal to comply with Executive Order 12958. However, your response raises more questions then it purports to answer. My letter posed two separate and specific questions to your office: 1) Does the Office of the Vice President believe it does not fall under the executive branch and if so, what reasoning is there behind that determination?; 2) What steps is the Office of the Vice President taking to protect classified information if they are not adhering to inspections from the Archives? Your letter did not address either of these critical issues.

Additionally, you stated that, “The executive order gives the Information Security Oversight Office, under the supervision of the Archivist of the United States, responsibility to oversee certain activities of ‘agencies,’ but not of the Vice President or the President.” However, on June 21st, Tony Fratto, a White House spokesman said, ''the White House complies with the executive order, including the National Security Council.'' If the White House complies with Executive Order 12958 then why does the Vice President feel compelled to adopt a different approach?

You also characterize these constitutional questions as occurring in a “theoretical discussion” but that is not the case. The Vice President’s non-compliance with this executive order came to light through an investigation done by the House Committee on Oversight and Government Reform and questions raised by Congressman Henry Waxman, the chairman of that committee. The care and handling of classified information is not a theoretical issue, it is a justified concern of Congress executing its oversight function.

Executive Order 12958 clearly states that, “‘Agency’ means any ‘Executive agency,’ as defined in 5 U.S.C. 105; any ‘Military department’ as defined in 5 U.S.C. 102; and any other entity within the executive branch that comes into the possession of classified information.” Your view that the Office of the Vice President is not an “agency” does not address the fact that Vice President Cheney is clearly within the executive branch and it is through that position that he is privy to classified information.

Again, I ask you to respond to the questions raised in my first letter and the additional question posted herein. These questions include:


1. Does the Office of the Vice President believe that it does not fall under the executive branch and, if so, what is the reasoning behind this determination?

2. What protocols or procedures does the Office of the Vice President employ to ensure the safety of classified information?

3. Why does the Office of the Vice President differentiate itself from the White House in its compliance with Executive Order 12958?



Thank you for your attention to this matter. I look forward to your timely response.


Sincerely,



John F. Kerry

[fedupinBushcountry]

27. Kicking

so everyone can see Kerry's response. Kerry keeps on pounding and the truth will prevail.

[karynnj]

28. Wow! This is sharper and more to the point than the original letter

You can see why he was an excellent prosecutor. I wish the media was paying more attention to this.

[wordpix]

29. Rahm Emanuel said tonight that Congress will look at witholding $4M/yr. for Cheney's office

This on KO. Rahm said that since Cheney is not in the exec. branch, Cong. should close that executive office. :applause:

We're closing in---what is Dickhead hiding in those papers, hmmm? His blueprint to take over Iraq's oil fields with BigOil secret energy task forcers?

[pacalo]

24. What an excellent letter.

The Mertz-Ricardo logic of this administration needs to be explained, preferably in a hearing.

[cynatnite]

26. Kerry always tells it like it is...

Love that guy :)

[whometense]

30. Kick

too late to rec :-(