Cheney Has a Few More Wrinkles

I only quickly alluded to the story of Dick Cheney staking out his own branch of government, but it appears that the claim was too incredible for even Cheney himself. His office started distancing itself from the idea, so I guess that's off the table. But in this whole extra branch brouhaha, Frank Rich noticed a couple of points that seem to be getting overlooked. He paraphrases Richard Nixon for his title: "When the Vice President Does It, That Means It's Not Illegal."

That retreat might allow us to mark the end of this installment of the Bush-Cheney Follies but for one nagging problem: Not for the first time in the history of this administration - or the hundredth - has the real story been lost amid the Washington kerfuffle. Once the laughter subsides and you look deeper into the narrative leading up to the punch line, you can unearth a buried White House plot that is more damning than the official scandal. This plot once again snakes back to the sinister origins of the Iraq war, to the Valerie Wilson leak case and to the press failures that enabled the administration to abuse truth and the law for too long.

One journalist who hasn't failed is Mark Silva of The Chicago Tribune. He first reported more than a year ago, in May 2006, the essentials of the "news" at the heart of the recent Cheney ruckus. Mr. Silva found that the vice president was not filing required reports on his office's use of classified documents because he asserted that his role in the legislative branch, as president of the Senate, gave him an exemption.

This scoop went unnoticed by nearly everybody. It would still be forgotten today had not Henry Waxman, the dogged House inquisitor, called out Mr. Cheney 10 days ago, detailing still more egregious examples of the vice president's flouting of the law, including his effort to shut down an oversight agency in charge of policing him. The congressman's brief set off the firestorm that launched a thousand late-night gags.

That's all to the public good, but hiding in plain sight was the little-noted content of the Bush executive order that Mr. Cheney is accused of violating. On close examination, this obscure 2003 document, thrust into the light only because the vice president so blatantly defied it, turns out to be yet another piece of self-incriminating evidence illuminating the White House's guilt in ginning up its false case for war.

The tale of the document begins in August 2001, when the Bush administration initiated a review of the previous executive order on classified materials signed by Bill Clinton in 1995. The Clinton order had been acclaimed in its day as a victory for transparency because it mandated the automatic declassification of most government files after 25 years.

It was predictable that the obsessively secretive Bush team would undermine the Clinton order. What was once a measure to make government more open would be redrawn to do the opposite. And sure enough, when the White House finally released its revised version, the scant news coverage focused on how the new rules postponed the Clinton deadline for automatic declassification and tightened secrecy so much that previously declassified documents could be reclassified.

But few noticed another change inserted five times in the revised text: every provision that gave powers to the president over classified documents was amended to give the identical powers to the vice president. This unprecedented increase in vice-presidential clout, though spelled out in black and white, went virtually unremarked in contemporary news accounts.

Given all the other unprecedented prerogatives that President Bush has handed his vice president, this one might seem to be just more of the same. But both the timing of the executive order and the subsequent use Mr. Cheney would make of it reveal its special importance in the games that the White House played with prewar intelligence.

On the timing, the Prez didn't issue his executive order in response to 9/11. He waited until right before the Iraq War, a time when such powers in the hands of the vice president might come in handy. And, oh look! They did.

The new executive order that Mr. Bush signed on March 25 was ingenious. By giving Mr. Cheney the same classification powers he had, Mr. Bush gave his vice president a free hand to wield a clandestine weapon: he could use leaks to punish administration critics.

That weapon would be employed less than four months later. Under Mr. Bush's direction, Mr. Cheney deputized Scooter Libby to leak highly selective and misleading portions of a 2002 National Intelligence Estimate on Iraq to pet reporters as he tried to discredit Mr. Wilson. By then, Mr. Wilson had emerged as the most vocal former government official accusing the White House of not telling the truth before the war.

Because of the Patrick Fitzgerald investigation, we would learn three years later about the offensive conducted by Mr. Libby on behalf of Mr. Cheney and Mr. Bush. That revelation prompted the vice president to acknowledge his enhanced powers in an unguarded moment in a February 2006 interview with Brit Hume of Fox News. Asked by Mr. Hume with some incredulity if "a vice president has the authority to declassify information," Mr. Cheney replied, "There is an executive order to that effect." He was referring to the order of March 2003.

Even now, few have made the connection between this month's Cheney flap and the larger scandal. That larger scandal is to be found in what the vice president did legally under the executive order early on rather than in his more recent rejection of its oversight rules.

Timing really is everything. By March 2003, this White House knew its hype of Saddam's nonexistent nuclear arsenal was in grave danger of being exposed. The order allowed Mr. Bush to keep his own fingerprints off the nitty-gritty of any jihad against whistle-blowers by giving Mr. Cheney the authority to pick his own shots and handle the specifics. The president could have plausible deniability and was free to deliver non-denial denials like "If there is a leak out of my administration, I want to know who it is." Mr. Cheney in turn could delegate the actual dirty work to Mr. Libby, who obstructed justice to help throw a smoke screen over the vice president's own role in the effort to destroy Mr. Wilson.

Much (but not all, by any means) of the rest is history. It appears that Scooter was completely successful in his attempt to obstruct justice. We've got a pretty good idea, but we don't have enough details to hold Cheney responsible for whatever he might've done to protect his false justification for going to war. I don't know how long Patrick Fitzgerald will have his charge to investigate and prosecute in the Valerie Plame situation, but it doesn't look probably at this point that he's going to come up with much more. Henry Waxman is still revving up his Congressional investigation, so there could be some more revelations there, but we'll just have to wait and see. In the meantime, and for at least another year and a half, we've got a rogue vice president running roughshod over more than two centuries of Constitutional tradition.