From Dean's post at Findlaw:
The Misunderestimated Mr. Cheney:
The Vice President's Record of Willfully Violating the Law, And Wrongly Claiming Authority to Do So
By JOHN W. DEAN
Vice President Dick Cheney has regularly claimed that he is above the law, but until recently he has not offered any explanation of why.
In fact, it is becoming increasingly difficult to find a law that Cheney believes does apply to him, whether that law be major and minor. For example, he has claimed that most of the laws passed in the aftermath of Watergate were unconstitutional, and thus implicitly inapplicable. His office oversees signing statements claiming countless new laws will not be honored except insofar as the President's extremely narrow interpretation allows. He does not believe the War Powers Act should be honored by the President. Nor, in his view, should the President be bothered with laws like the Foreign Intelligence Surveillance Act (FISA). In fact, it appears Cheney has actively encouraged defiance of such laws by the Bush Administration.
For Cheney, the Geneva Conventions - considered among the nation's most important treaties -- are but quaint relics that can be ignored. Thus, he publicly embraced their violation when, on an Idaho talk radio program, he said he was not troubled in the slightest by our forces using "waterboarding" -- the simulated drowning of detainees to force them to talk. There are serious questions as to whether Cheney himself has also conspired to violate the War Crimes Act, which can be a capital crime.
A man who can so easily disregard the War Powers Act, FISA, the Geneva Conventions, and the War Crimes Act is merely flicking fleas when it comes to complying with laws like the Presidential Records Act, which requires him to keep records. Yet as CNN and other news organizations have reported, Cheney ordered the destruction of the visitor logs to his residence. These, of course, are presidential records the law requires him to preserve and protect. (Indeed, neighbors of the Vice President were surprised when, in the past, a truck for a document shredding service would regularly visit the Vice President's residence at the Naval Observatory.)
Most recently, the Vice President has refused to comply with Executive Order 12958,> as amended by his boss, George W. Bush. These orders were issued to implement the law adopted by Congress in 1995 to clarify the classification and protection of national security information.
Most interesting in Cheney's defiance is his absolutely absurd explanation of why the law is not applicable to him or his staff.
snip
When Cheney was widely ridiculed by humorists, cartoonists, pundits, commentators and several members of Congress for his claim of not being an "entity within the executive branch," the Vice President's chief of staff and counsel >David Addington responded by asserting that the Vice President is not subject to the order because he is not an "agency" as defined by the order. (Addington thus effectively dropped the claim that the Vice President is not an "entity.")
However, Addington does not cite any authority or language for his new claim that the Vice President is not an "agency." In fact, there is none. To the contrary, the order controlling national security classification states exactly the opposite of what Addington claims.
Executive Order 12958 states that the term "Agency" means any "Executive agency," as defined in the statutory language found at 5 U.S.C. 105, and it includes "any other entity within the executive branch that comes into the possession of classified information." An entity is any "body" or "unit" or "thing" within the executive branch, and to claim the Vice President's office is none of these is an insult to common sense. So is Addington's claim that the Office of Vice President is not an agency under the law.
Section 105 of Title 5 of the United States Code states that an "'Executive agency' means an … independent establishment" within the executive branch. Independent establishments are defined by Section 104 as "an establishment in the executive branch … which is not an Executive department [which are listed in Section 101, and include the Departments of State, Treasury, Justice, etc.], military department, Government corporation, or part thereof, or part of an independent establishment."
The Justice Department issued an >opinion in 1994 that the Vice President was not an "agency" under the Freedom of Information Act. That opinion was largely based on the Supreme Court ruling, in Kissinger v. Reporters Comm. for Freedom of the Press, that "agency" does not cover "the President's immediate personal staff or units in the Executive Office whose sole function is to advise and assist the President."
However, the agency definition in E.O. 12985 is very different from that in the Freedom of Information Act. If, as Addington claims, E.O. 12985 was intended to exempt the Vice President's office, why did it not so state? Or, why did Bush not exempt the Vice President when he >amended that order in July 2005?
Cheney's claim his office is neither an entity nor agency defies logic, but it is not surprising since he continues also to claim, with absolutely no evidence to support his claim, that Saddam Hussein was involved in 9/11 and that terrorist Abu Musab al Zarqawi set up an al Qaeda operation in Iraq.
There's much more here. And this is a must read.
