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A federal judge has ruled that Vice President Dick Cheney has broad discretion in determining what records created during his eight-year tenure must be preserved.

Absent any evidence that Cheney’s office is failing to safeguard records, it is up to the vice president to determine how he deals with material, US District Judge Colleen Kollar-Kotelly ruled.

At issue is whether Cheney had impermissibly limited the scope of the Presidential Records Act, a post-Watergate law aimed at protecting White House records.

Cheney has taken the legal position that his office is not part of the executive branch of government, triggering a lawsuit by several groups including three organizations of historians and archivists concerned that the record of Cheney’s time in office might not be adequately safeguarded.

The judge leaves the decisions on protecting information for other courts, other times – to the criminal in charge.




  1. MikeN says:

    I wonder if the Left will be as upset over Obama’s use of a Blackberry.

  2. stopher says:

    “Absent any evidence that Cheney’s office is failing to safeguard records, it is up to the vice president to determine how he deals with material, US District Judge Colleen Kollar-Kotelly ruled.”
    It seems that Cheney is still required to keep any records in his work concerning the Executive branch. This makes sense. The law can’t cover every job title and position so if the VP is doing work for the Pres that falls outside of his official constitutional duty he would still be required to keep those records. The judge is giving him the descresion to decide what does and does not fall under that category. I guess they’re putting him on the honor system.

  3. grog says:

    well there you go.

    the republicans say that republicans can do whatever the hell they want for whatever reason they say.

    big surprise.

  4. MikeN says:

    This is funny given how much the Left ignored Clinton’s refusal to provide documents. Deleting e-mails, billing records that show up two years later after the statute of limitations has expired, etc.

  5. jerry says:

    As Carlin says, “they never investigate themselves in this country” and we’ve seen it enough times that we shouldn’t be naiive about it anymore with 911 and the Kennedy assassination. But…

    http://www.youtube.com/watch?v=pow5_UYKaJ8

  6. deowll says:

    From a legal point of view he may have a point.

    The Vice President has a clearly defined office with specific but rather limited duties laid out in the Constitution.

    The Vice President is not part of the White House staff.

    How much if anything the Vice President knows about what is going on in the White House is purely up to the then President.

  7. Mr. Fusion says:

    #25, deowll

    Good points.

    The Vice President is not part of the White House staff.

    Unfortunately not quite. The V-P has an office in the White House and is included in the White House budget.

    How much if anything the Vice President knows about what is going on in the White House is purely up to the then President.

    That is also true, but as irrelevant as Cow-Paddy’s link. The fact is that with or without the Presidents benevolence, the V-P is part of the Executive branch. If anything, I would say that the WH office is the crux.

    BUT, the law should be changed to clarify the matter.

  8. Mr. Fusion says:

    Just an added quick thought on this. If, as Cheney claims, he is NOT part of the administration, he can not claim executive privilege if called before Congress to testify.

    So in beating one claim he has only opened himself up to another, even larger hole.

  9. Paddy-O says:

    Face it. Cheney outsmarted the mental midgets that comprise the Dem Legislative leadership. Not a big accomplishment but, he did it. Pelosi can writhe all she wants. She had her chance to impeach and figured out she didn’t have the evidence…

  10. Uncle Patso says:

    Okay, now I’m confused.

    # 8 Paddy-O said, in part:

    “Table 1. Salaries of Federal Officials
    Legislative Branch Jan. 2005

    Vice President of the United States $208,100
    Speaker of the House of Representatives 208,100

    Etc.

    As you can see, the legislature lists and pays his salary…”

    While, on the other hand,

    # 27 Mr. Fusion said, in part:

    “The V-P has an office in the White House and is included in the White House budget.”

    Has Mr. Cheney been double-dipping, collecting from both the Legislative and Executive branches?

  11. fred says:

    All of the above is very interesting but not as important as the fact that we are finally rid of Cheney. Now that he is no longer in a position in which he can do so much damage, he can go back to shooting his friends rather than torturing his enemies.

  12. Mr. Fusion says:

    #30, Uncle Pat,

    Maybe I left some confusion there. The V-P’s WH office is paid for in the WH Budget. He also has an office in the Senate which is paid for out of the Senate budget. He, to the best of my knowledge, should only be receiving his salary from the Senate.

    It is the two offices that create the confusion of whether or not he is part of the Administration or part of the Senate.

  13. Paddy-O says:

    # 30 Uncle Patso said, “While, on the other hand,

    # 27 Mr. Fusion said, in part:

    “The V-P has an office in the White House and is included in the White House budget.””

    I got my data from senate.gov. Were did Fusion get his?

  14. Sea Lawyer says:

    #28, “If, as Cheney claims, he is NOT part of the administration, he can not claim executive privilege if called before Congress to testify”

    Since no executive powers are vested in him, I don’t know why he would ever be able to claim the privilege in the first place – outside of a similar claim that might be used by the President himself with any other aide or appointee.

  15. bpaskin says:

    Cheney’s lawyer, David Addington, argued that an opinion in 1961 from Nicholas Katzenbach from the DOJ stated that the Vice President is not part of the Executive Branch nor the Legislative Branch.

    Everyone can have an opinion, but it is uncommon to think that the VP is not part of the Executive Branch. Cheney was featured on the White House web page as part of the Administration, thus part of the Executive Branch.

    Maybe the reason for the confusion is that the VP was added as an afterthought at the Continental Congress. Even so, writings from the signers of the Constitution put the VP in the Executive Branch.

    My opinion is Cheney is trying to be secretive and is using his friends in the DOJ to help cover his tracks.

  16. Mr. Fusion says:

    #33, Cow-Paddy, Ignorant Shit Talking Sociopath, Retired Mall Rent-A-Cop, Pretend Constitutional Scholar, Fake California Labor Law Expert, Pseudo Military Historian, Phony Climate Scientist, and Real Leading Troll Extraordinare,

    I got my data from senate.gov. Were did Fusion get his?

    Try google, your best friend.

  17. Paddy-O says:

    # 36 Mr. Fusion said, “Try google, your best friend.”

    Sorry, the Senate trumps Google Inc. when it comes to constitutional matters… Try again.

  18. Mr. Fusion says:

    #37, Cow-Paddy, Ignorant Shit Talking Sociopath, Retired Mall Rent-A-Cop, Pretend Constitutional Scholar, Fake California Labor Law Expert, Pseudo Military Historian, Phony Climate Scientist, and Real Leading Troll Extraordinare,

    Only an idiot like you would write something as stupid as that.

  19. welll this is conspiracy. I can tell you that



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