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Did Cheney Have Power to Declassify NIE?

By Jeralyn, Section Lewis Libby Indictment
Posted on Sat Feb 11, 2006 at 06:35:10 AM EST
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Jane at Firedoglake asks whether Cheney had the authority to declassify the NIE report so it could be leaked to reporters in an attempt to shore up support for the Iraq War or discredit Joseph Wilson.

The Wall. St. Journal tries to answer the question today. Shorter version: He probably does, but it's very sleazy.

The implication from the disclosure that Mr. Libby had authority to discuss sensitive intelligence matters with the press "is that the White House -- the vice president -- has been using his declassification authority as a way to advance the administration's political agenda," said Mr. Aftergood. "In other words, information that supports the administration's position on Iraq or whatever is selectively declassified and other information is not. That's not a criminal offense, but it's kind of sleazy."

My view on why Libby is seeking classified information (it's not to blame Cheney) is here.

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    Did Cheney Have Power to Declassify NIE? | 13 comments (13 topical)
    Re: Did Cheney Have Power to Declassify NIE? (none / 0) (#1)
    by superskepticalman on Sat Feb 11, 2006 at 06:56:26 AM EST
    Be advised that the VP only has the power to declassify as provided under federal law. It's back to the FISA problem again. Usually, declassification is through a process that provides a rationale for the downgrading. The VP just can't do that per se outside of the statutory provisions authorizing classification and downgrading: again, just like concerning the illegal wiretapping, there's no "inherent" power as such under Federal law.

    Re: Did Cheney Have Power to Declassify NIE? (none / 0) (#2)
    by squeaky on Sat Feb 11, 2006 at 07:12:04 AM EST
    Unitary VP. If you think not, sue me. If you want to really waste your time, and are mathematically challenged, impeach me. Make my day. Oh, and don't get me mad cause we got something on everyone and will not hesitate to use it.

    Re: Did Cheney Have Power to Declassify NIE? (none / 0) (#3)
    by Edger on Sat Feb 11, 2006 at 08:24:28 AM EST
    Let's all chip on a nice brand spanking new high powered microwave oven for the Cheneys! When's his birthday? ;-)

    Re: Did Cheney Have Power to Declassify NIE? (none / 0) (#4)
    by Molly Bloom on Sat Feb 11, 2006 at 09:12:08 AM EST
    Oh, and don't get me mad cause we got something on everyone and will not hesitate to use it.
    Makes you wonder about those wiretaps doesn't it... Would explain a lot as well (e.g. Chris Matthews)

    Re: Did Cheney Have Power to Declassify NIE? (none / 0) (#5)
    by squeaky on Sat Feb 11, 2006 at 09:34:12 AM EST
    Molly Bloom-
    Makes you wonder about those wiretaps doesn't it...
    I would agree. My guess is that collecting dirt on those who stand in their way is a far more important priority than the boring job of catching terrorists. Terrorists have only proven to enhance WH power, while critics are their biggest threat.

    Re: Did Cheney Have Power to Declassify NIE? (none / 0) (#6)
    by Edger on Sat Feb 11, 2006 at 10:40:31 AM EST
    Squeaky: Terrorists have only proven to enhance WH power, while critics are their biggest threat. I'd be worried about my critics too, if I were them: "Who Was Responsible for What on the Day of September 11, 2001?" --by Cheryl Seal Perspectives: "The Smallness of King George"

    Re: Did Cheney Have Power to Declassify NIE? (none / 0) (#7)
    by Sailor on Sat Feb 11, 2006 at 04:25:55 PM EST
    So the prez claims 'I broke the law, so what,' now we're going to see the veep say, 'I broke the law, so what!?' 'So what' is this quaint little document called the US Constitution.

    Re: Did Cheney Have Power to Declassify NIE? (none / 0) (#8)
    by Edger on Sat Feb 11, 2006 at 04:38:24 PM EST
    Sailor: 'I broke the law, so what!?'
    The NSA "program is breaking the law, and this President is breaking the law. Not only that, he is misleading the American people in his efforts to justify his program." "When someone breaks the law, when someone misleads the public in an attempt to justify his actions, he needs to be held accountable. The President of the United States has broken the law. The President of the United States is trying to mislead the American people. And he needs to be held accountable." "What the President has done here is to break faith with the American people." --Senator Russ Feingold (D-Wisconsin)
    Re: Did Cheney Have Power to Declassify NIE? (none / 0) (#9)
    by jimakaPPJ on Sun Feb 12, 2006 at 07:38:43 AM EST
    No Edger. Senator Feingold has an opinion that the NSA program is breaking the law. History is full of opinions that were wrong. The world is flat. Man will never fly. I can buy an indulgence from the Church to forgive my sins. Man will never go to the moon. The list is truly endless. When the Left and the Demos want to start saying it is their opinion...we might actually have a debate. Now all we have is people trying to score political points.... over the corpse of national defense.

    Re: Did Cheney Have Power to Declassify NIE? (none / 0) (#10)
    by Sailor on Sun Feb 12, 2006 at 09:12:08 AM EST
    It shouldn't be a political debate at all, it should be a criminal investigation.

    Re: Did Cheney Have Power to Declassify NIE? (none / 0) (#11)
    by Talkleft Visitor on Sun Feb 12, 2006 at 10:04:14 AM EST
    Edger: It shouldn't be a political debate at all, it should be a criminal investigation. So long as Bush has enough fans like Jim and enough support from Rove that he can break the law and get away with it, at best there will be a political debate before he can be investigated and charged with the crimes he admits he has committed. At worst, of course, Bush will simply continue to break the law and get away with it.

    Re: Did Cheney Have Power to Declassify NIE? (none / 0) (#12)
    by Talkleft Visitor on Sun Feb 12, 2006 at 12:01:29 PM EST
    Jesurgislac:
    At worst, of course, Bush will simply continue to break the law and get away with it.
    That is not even the worst, because if not challenged, the precedents created will continue in force after Bush is gone. The neocons are intent on undoing the present "constitutional order," including the presently accepted legal understandings of the limits of executive power. All their actions in defiance of the opinions of other government agencies, congress, existing laws, and even judicial rulings are part of a carefully orchestrated plan to alter the balance of power among the three branches of government. For more details, see this post (the third in a series) on Constitutional Hardball.

    Re: Did Cheney Have Power to Declassify NIE? (none / 0) (#13)
    by Edger on Sun Feb 12, 2006 at 12:52:39 PM EST
    Cyrmo, Thanks for a very good and thought stimulating link. The point that the writer makes there, that in pursuing the impeachment of Clinton "Republicans may also have had in mind the weakening of the institution of impeachment itself" is a very disconcerting new thought that has not been previously raised or discussed here, and illuminates in a much different light many of the seeming goals as well as the deceits and actions of the bush administration, and the reasons behind the many diversions posted here by bushco supporting trolls as time wasters to distract people from focusing on the real underlying agenda. Please, everyone read the article Cymro's link above takes you to:
    ...what do I mean when I say that the Bush "administration" and the neo-cons seek to impose a new "constitutional order?" "winning in November" doesn't by itself undo a constitutional order that's gelled. Divided government can still operate within a new constitutional order that's been established by one party... winning back Congress in November is still of great interest, but it may only be effective in temporarily stopping the advance of the damage that can be done under the new order. It may very well be that it simply is not capable of reversing it, since it will no longer be a matter of repealing statutory law, but rather one of reversing new constitutional understandings and precedent.
    Did Cheney Have Power to Declassify NIE? | 13 comments (13 topical)