Does Cheney have the authority
By on Feb 16th, 2006 at 2:33 pm
Does Cheney have the authority
to declassify government secrets? Steve Clemons says no.
UPDATE: Also weighing in: Liberal Oasis (”No”) and Steve Aftergood (”It’s complicated”).
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It seems that if he does have authority, it should be elucidated as to how and why he was given that authority. But, this defense is not going to let Libby off the hook by any means.
February 16th, 2006 at 2:41 pmNo, he doesn’t have the authority and he shouldn’t!
And how does the date of that Exec Order fit in with the Plame case? We know that Karl Rove told Matt Cooper, “This will all be declassified soon.” Did Rove tell Cooper before the Exec Order or after? Also, that little tidbit proves to me that Karl Rove knew fully well that he was revealing classified information to Matt Cooper because he knew it was still classified at the time. And he should have known full well that until it was declassified, he had no legal authority to reveal it to anyone. Why is it taking so long to bring charges against him? I know, I know. That’s a topic for another thread.
February 16th, 2006 at 2:42 pm:) If he says so , he can do anything!
R2K
February 16th, 2006 at 2:49 pmThis is more like it, TP!
It doesn’t look to me like he has the authority to declassify anything, but lordy, he does have a lot of authority. This could go to prove intent on Rove’s part.
February 16th, 2006 at 2:53 pmOf course not! That means that Cheney can retaliate against any covert agent as he sees fit, which is exactly what he did to Plame.
He’s truly an evil human being.
February 16th, 2006 at 2:55 pmdoes cheney have the authority?
not yet (and if any thing happens to bush eveyone posting here is in a lot of trouble)
February 16th, 2006 at 3:07 pmEven if he has the authority to declassify government secrets, there is a set procedure that must be followed.
Getting the Plame information out via reporters is a leak not declassification.
February 16th, 2006 at 3:10 pmThis is an issue that deserves a closer inspection, IMHO.
Both Pres. Bush and VP Cheney are now claiming to have privileges that go beyond what previous Pres & VPs have had, thanks to their creative interpretation of the law.
We already know that legal & constitutional scholars have shot down Pres Bush’s claims. Can ThinkProgress get a similar authoritative legal opinion on Cheney’s?
February 16th, 2006 at 3:14 pmCheney, in his capacity as VP, can CLASSIFY information, but DE-Classification is not so simple. There are procedures that must be followed and he cannot, unilaterally, declassify anything. As Clemons says, however, that doesn’t mean Gonzales won’t “reinterpret” existing law and give all authority to Cheney.
February 16th, 2006 at 3:15 pmThis is all concerning the Libby case and paving the way toward the White House defense.
However, exposing an agent is almost never excused. Whether or not an agent is working covertly or not, in a public position or totally under cover, or whatever the circumstances — if identity is exposed, all previous as well as on-going work and contacts who ever were part of anything attached to that agent are compromised, so it is a very serious matter involving national security.
Why all the quibbling? A full hearing and impeachment seems to be not only in order but manditory.
Oh, but I forgot, there is no sex involved, so it’s ok.
February 16th, 2006 at 3:18 pmWe are watching unprecedented abuses of power and authority by this administration, and while some of us are waving our arms and jumping up and down, we are not being heard or seen above the noise of the propaganda machine. Do we all see now why they carefully put their minions in place over the past number of years? They were forming alliances with media personnel, corporate personnel, legal and governmental personnel, all toward the day when they would have majority control in government and be allowed to operate without oversight, without any restriction, and without any opposition powerful enough to stop them.
February 16th, 2006 at 3:21 pmI think we are seeing how Hitler was able to rise to power.
When has anything like law or authority stopped these folks… And congress is irrelevant, partially by choice, partially by this admin.
February 16th, 2006 at 3:23 pmBill Scher has a very succinct and readable analysis of the same thing here.
Simply put:
The NIE, which Cheney apparently declassified, was authored by the National Intelligence Council at the request of Congress. Only the President or the NIC could declassify it.
But, then again, Cheney thinks he is the President. And, aside from that whole “election” thing, he has no reason to believe otherwise.
February 16th, 2006 at 3:32 pmOkay, first of all, who gies a rats ass if Cheney has the powere to declassify information. That is not even relevant here and is a strawmna being put forward by the Bush White House.
Cheney authorize Scooter Libby to leak CLASSIFIED information, not declassified information.
National Journal
Feb. 9, 2006
Cheney ‘Authorized’ Libby to Leak Classified Information
February 16th, 2006 at 3:33 pm
Of course he does not, as Steve points out.
this is a big red herring and I think we are giving it too much play and perhaps ligitimizing it in the process.
If he did, the CIA would have never asked for an investigation; Fitz would have never been appointedp; Fitz would have never investigated.
Red herring.
February 16th, 2006 at 3:35 pmMr. Haig rears his ugly head once again…
February 16th, 2006 at 3:41 pmJohn Kyl just now is saying how only the special agent investigating someone can determine to disclose classified information, since only the agent knows all the details involved.
I’m waiting for the next excuse next week.
February 16th, 2006 at 3:45 pmthere’s many precident of the V-P declassifying information to a select few reporters on deep backround and, doing so by one of his underlings,…we just can’t find that precident right now, but we’re sure Clinton did it!!
February 16th, 2006 at 4:10 pmSteve Clemons does a terrific job as usual. There is only one problem to all the “thinking” through this Executive Order and it comes in
PART 6 GENERAL PROVISIONS
Sec. 6.1. General Provisions. (a) Nothing in this order shall supersede any requirement made by or under the Atomic Energy Act of 1954, as amended, or the National Security Act of 1947, as amended. “Restricted Data” and “Formerly Restricted Data” shall be handled, protected, classified, downgraded, and declassified in conformity with the provisions of the Atomic Energy Act of 1954, as amended, and regulations issued under that Act.
(b) The Attorney General, upon request by the head of an agency or the Director of the Information Security Oversight Office, shall render an interpretation of this order with respect to any question arising in the course of its administration.
It does not take a fortune teller to tell you what the outcome of that decision will be.
February 16th, 2006 at 4:11 pmWhy would Mr secret energy commission Cheney ever declassify anything?
Cheneys wife Addington wouldnt allow that.
February 16th, 2006 at 4:37 pmI like that “it’s complicated” excuse. Everything that is not right has complications in explaining why it is o.k. to do so. Doing thinks legally and straightforward isn’t complicated at all. Dirty bastards…
February 16th, 2006 at 4:38 pmThe Secrecy News commentary makes this question more ambiguous (aren’t they all?) since it points out that “a supervisory official of either” has declassification authority. So if Darth Cheney declassified something and then had Scooter give the information to a reporter,it’s not a leak because the information isn’t classified. Then,when he was done disclosing it,Cheney,under his authority in Exec.Order 13292, would classify the information again.
February 16th, 2006 at 4:43 pmHe must be wearing out a rubber stamp a week at that rate.
Dick “Dick” Cheney classifies his shopping list.
February 16th, 2006 at 5:15 pmMr. Haig rears his ugly head once again…
At least there were adults in charge then to put the General back in his place.
February 16th, 2006 at 6:41 pmClinton did it!!
Right up there with:
Carter, too (and apparently Washington and Wilson.)
You didn’t complain when we said you couldn’t talk about it.
War-time President.
and, when all else fails, and my personal fave,
9/11!!
The (s)Hit Parade of Excuses, Diversions, and Straw Men is on the march.
February 16th, 2006 at 6:47 pmFist of all consider the source.Britt Hume on faux.This whole thing was scripted so that sleazy subhuman(Mr. Burns from the Simpsons)could defend his good buddy,Scooter from his statements to the grand jury.Second,number 14 has the point down as to the difference between classified and declassified.I have a question for you guys,do you comment and blog because you can find no other outlet for your grievences,like talking to people in the real world?This is my case.I’ve had a few good conversations with senior citizens in the grocery line but find few who will discuss this mess in any relevant way.
February 16th, 2006 at 10:12 pmThat means that Cheney can retaliate against any covert agent as he sees fit, which is exactly what he did to Plame.
He’s truly an evil human being.
Comment by dattexas #5
dattexas,
…from what I’ve read, this power to declassify sensitive information (even the president’s power) doesn’t extend to the identification of covert operatives…
February 18th, 2006 at 10:24 amI gotta wonder, if he was really had this claimed authority, then why on Earth did he not keep Libby from all of that Grand Jury bruhaha. I call poo-poo!!! It makes no sense.. oh
February 18th, 2006 at 10:43 am#6, Get a clue! We are in BIG trouble NOW,our whole nation is in BIG trouble with this continously lying,murdering fascist jerks in office! This means Cheney could retaliate against our own GOOD American people! These jerks needed IMPEACHMENT ASAP AND PUT IN PRISON AND NOW! AND THEY WERE BEHIND 9-11 TOO FOLKS! GET A CLUE,THEY WERE BEHIND 9-11,TOO! DEMAND THEIR IMMEDIATE ARRESTS ON ALL THEIR EVIL ASSES! AND NOW!
February 19th, 2006 at 10:40 am