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Empty Boxes?

Judge Colleen Kollar-Kotelly issued a decision today rejecting the Justice Department's "constantly shifting arguments" in defense of Dick Cheney's narrow interpretation of the vice president's obligation to comply with the Presidential Records Act. The Justice Department argued that the vice president has complete and unreviewable authority to decide how to comply with the Act, that the Act did not apply to the vice president in any event since the vice president is not part of the executive branch but is an "appendage" of Congress (sort of a cancerous growth, in Cheney's case), and that the historians who sued to seek the law's enforcement lacked standing. Wrong on all counts.

What sounds like a victory may turn out to be hollow when historians finally gain access to Cheney's records. Judge Kollar-Kotelly decided that the promise of Claire O'Donnell, "a Cheney aide who handles record-keeping and other administrative tasks," to transfer Cheney's records to the National Archives in good faith, made court-imposed relief unnecessary.

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As a result, she granted summary judgment on the White House's behalf and lifted a five-month-old injunction mandating the preservation of Cheney's records.

One of the plaintiffs, Stanley I. Kutler, an emeritus professor of history and law at the University of Wisconsin Law School, said he remains worried that "when the Archives goes to open Cheney's papers, they are going to find empty boxes."

Empty boxes would be too light to fool the archivists. Cheney is more likely to fill the boxes with the shredded and diced remains of the documents he was supposed to preserve.

< Lederman Joining Obama Administration | Late Night: Cheney Gets Whupped By a Box >
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    Hutzpa (none / 0) (#1)
    by squeaky on Mon Jan 19, 2009 at 10:56:51 PM EST
    The Justice Department argued that the vice president has complete and unreviewable authority to decide how to comply with the Act, that the Act did not apply to the vice president in any event since the vice president is not part of the executive branch but is an "appendage" of Congress (sort of a cancerous growth, in Cheney's case), and that the historians who sued to seek the law's enforcement lacked standing.

    This about sums it up, a monarchy. The vice president is the secret vestige of Monarchy. A safety valve, an enforceable covenant with god inserted by king george iii in the US constitution, visible to a select few just in case democracy and rule of law are inconvenient.

    King George was eventually humbled as the American colonies successfully became [reclaimed]  the United States Of America.

    It is very exciting to get our country back from those madmen.


    I'll believe it's back (none / 0) (#2)
    by weltec2 on Tue Jan 20, 2009 at 01:13:41 AM EST
    when I see the fruit of his and our labors bring it back.