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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. Improbus says:

    We pay federal judges to pass the buck? Can I get a job application?

  2. bobbo says:

    I wonder how far down this slippery slope we are? Good thing Obama thinks no one is above the law????

    I can’t wait to see how Obama performs beyond encouraging people. So far, big mouth overspending Democrat. Good thing there is a recession to provide him some cover.

    We’ll see. ======= No. I’ll start a list for future reference:

    1. Tax cuts to remain in place.
    2. Troops to Afghanistan.
    3. No change to his planned spending programs except “maybe” to slow their implementation.
    4. No prosecution of Bush Administration for various admitted violations of law.

    Fingers Crossed.

  3. US says:

    Isn’t he technically right? The Vice President serves only two roles, first as the replacement if the President dies or cannot server and second as the leader of the Senate and tie breaking vote. Aside from that the Constitution doesn’t give him any executive power, the limited power he has is legislative.

    Maybe it sucks, but the law covers the executive office of the President. If you don’t like it, have congress pass a law that all government records must be preserved including those of members of congress.

  4. bernardino says:

    So, bobbo, how much of your life have you spent on the streets of your hometown, any town, Washington DC, making it clear how important change was to you?

    Or are your political convictions limited to voting (maybe) every couple of years and talking about it in between?

    When was the last time you stood out in the cold on the National Mall and stood up for what you say you believe in?

    When was the last time you refused to cooperate with politicians you knew were wrong?

  5. Sea Lawyer says:

    All of this “is he or isn’t he a part of the executive branch” thing is interesting to some degree. He is granted no executive powers and the handful of responsibilities he does have all deal with his role in the Senate. The position is referred to in Article I and implied to exist in Article II, so it’s hard to even say where it is officially “established” for the sake of context.

    For practical purposes though, if Cheney wants to claim he’s not part of the executive, he should probably not have spent all of his time in the executive roost.

  6. bobbo says:

    #4–bernardo==I doubt answers either way make any relevant difference, but out of my own curiosity, I will answer them honestly:

    So, bobbo, how much of your life have you spent on the streets of your hometown, any town, Washington DC, making it clear how important change was to you?/// NEVER.

    Or are your political convictions limited to voting (maybe) every couple of years and talking about it in between? /// YEP.

    When was the last time you stood out in the cold on the National Mall and stood up for what you say you believe in? /// TRICK QUESTION FOR CONSISTENCY?—I’VE NEVER DONE IT.

    When was the last time you refused to cooperate with politicians you knew were wrong? /// NEVER.

    Looking forward to your insightful analysis. With your silence, I will assume you recognize you just asked a bunch of BOZO questions. Good Job. Just keep believing in change regardless of what happens right in front of your eyes.

  7. Winston says:

    Every PAGE should be preserved because every PAGE is evidence in a criminal case.

  8. Paddy-O says:

    “# 5 Sea Lawyer said, “All of this “is he or isn’t he a part of the executive branch” thing is interesting to some degree.”

    http://www.senate.gov/reference/resources/pdf/98-53.pdf

    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…

  9. Sea Lawyer says:

    #8, oh I agree, it’s not as clear-cut as “vice president = executive.” But I also know that regular members of the Congress aren’t sitting in on daily cabinet meetings and actively participating in the decision making process within the White House.

  10. Sea Lawyer says:

    Now, if the VP wants to just hang out on the floor of the Senate every day with a gavel in his hand, as he very well could, then I would have no problem with his official records falling outside of the scope of this law.

  11. bobbo says:

    #8–Hey Paddy-Zero==congrats. You are getting warmer. Posting a link that doesn’t directly contradict the point you want to make===it is only irrelevant.

    Progress.

  12. GregA says:

    hehehehehe in 15 minutes Keith’o is gonna say “ladies and gentlemen, our long national nightmare is over’:)

    :):):)

  13. Paddy-O says:

    # 11 bobbo said, “#8–Hey Paddy-Zero==congrats”

    Booboo, you’re babbling. Are you mixing your meds with alcohol again?

  14. bobbo says:

    #13–Paddy==no, seriously==congratulations. You approach rationality.

    I’m not on any meds and my Post Christmas Egg Nog / Home Made Bailey’s Liquor won’t be appropriate for another 3-4 hours==unless it snows.

  15. GetReal says:

    This judge and some of people posting here are examples of how our country has been disregarding its founding principles.

    We are supposed to be a country ruled by laws and not by people.

    END OF STORY!

    I hope the officials who degrade our principles and the people who make excuses for them rot in hell.

  16. Paddy-O says:

    # 15 GetReal said, “This judge and some of people posting here are examples of how our country has been disregarding its founding principles.”

    Well, you should read the Senate link I posted. The judge was legally correct. If you want to pursue, push through a constitutional amendment.

  17. Paddy-O says:

    # 14 bobbo said, “I’m not on any meds”

    That’s great! When did they take you off them?

  18. MikeN says:

    #15, exactly, that why it’s refreshing to see a judge make his rulings based on the Constitution and the law instead of emotion. If you don’t like it, change the law. Presumably it wouldn’t even require the president’s signature, just a vote of the Senate.

  19. bobbo says:

    #17–Paddy==hah, hah. You are just too clever for me. I’ll be off line for a while so’s I can beat my wife for hiding those smart pills I was supposed to take.

  20. Paddy-O says:

    # 19 bobbo said, “#17–Paddy==hah, hah.”

    It’s early and as you can tell, I need more coffee.

    Anyway, I was surprised to see that the Senate itself lists the VP position as a legislative position. Not because it isn’t plain in the Constitution but, because of Biden’s inane remarks on the subject.

  21. MikeN says:

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

  22. 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.

  23. 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.

  24. 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.

  25. 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

  26. 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.

  27. 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.

  28. 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.

  29. 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…

  30. 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?


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