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Title: CHENEY CLAIMS HE HAS AUTHORITY TO DECLASSIFY INFORMATION
Source: nolu chan
URL Source: http://none
Published: Feb 16, 2006
Author: nolu chan
Post Date: 2006-02-16 06:19:54 by nolu_chan
Keywords: INFORMATION, DECLASSIFY, AUTHORITY
Views: 46
Comments: 5

CHENEY CLAIMS HE HAS AUTHORITY TO DECLASSIFY INFORMATION

CHENEY INTERVIEW WITH BRIT HUME

Q Let me ask you another question. Is it your view that a Vice President has the authority to declassify information?

THE VICE PRESIDENT: There is an executive order to that effect.

Q There is.

THE VICE PRESIDENT: Yes.

Q Have you done it?

THE VICE PRESIDENT: Well, I've certainly advocated declassification and participated in declassification decisions. The executive order --

Q You ever done it unilaterally?

THE VICE PRESIDENT: I don't want to get into that. There is an executive order that specifies who has classification authority, and obviously focuses first and foremost on the President, but also includes the Vice President.

The relevant Executive Order is EO 12958 as amended by EO 13292 of March 25, 2005 [PDF] as published in the Federal Register on March 28, 2005.

EO 12958, as amended by EO 13292 [boldface and italic in original] [This is 6.1, lower case "L", (1)]

PART 6--GENERAL PROVISIONS

Sec. 6.1. Definitions. For purposes of this order:

* * *

(l) "Declassification authority" means:

(1) the official who authorized the original classification, if that official is still serving in the same position;
(2) the originators current successor in function;
(3) a supervisory official of either; or
(4) officials delegated declassification authority in writing by the agency head or the senior agency official.

* * *

I'm sure Cheney can try to Dick with the text of the Executive Order to create some impression that it grants declassification authority to the Vice President. However, the section defining "Declassification authority" renders clear precisely who may declassify information.

With regard to the NIE reportedly declassified by Cheney, he was not the official who authorized the original classification, nor his successor, nor a supervisory official thereof. The Constitutional authority granted to the Vice President is rather limited.

Unless the relevant agency head delegated declassification authority in writing to Cheney, it would appear Cheney would lack declassification authority. In any case, it appears that the Executive Order does not grant him any declassification authority.

There are limited circumstances when the Vice President may be an original classifying authority. For documents where the VP was the original classifying authority, the VP is also a declassifying authority.

Relevant excerpts from EO 12958: [underline added, bold/italic in original]

Sec. 1.3. Classification Authority. (a) The authority to classify information originally may be exercised only by: (1) the President and, in the performance of executive duties, the Vice President; (2) agency heads and officials designated by the President in the Federal Register; and (3) United States Government officials delegated this authority pursuant to paragraph (c) of this section. (b) Officials authorized to classify information at a specified level are also authorized to classify information at a lower level. (c) Delegation of original classification authority. (1) Delegations of original classification authority shall be limited to the minimum required to administer this order. Agency heads are responsible for ensuring that designated subordinate officials have a demonstrable and continuing need to exercise this authority. (2) "Top Secret" original classification authority may be delegated only by the President; in the performance of executive duties, the Vice President; or an agency head or official designated pursuant to paragraph (a)(2) of this section. (3) "Secret" or "Confidential" original classification authority may be delegated only by the President; in the performance of executive duties, the Vice President; or an agency head or official designated pursuant to paragraph (a)(2) of this section; or the senior agency official described in section 5.4(d) of this order, provided that official has been delegated "Top Secret" original classification authority by the agency head. (4) Each delegation of original classification authority shall be in writing and the authority shall not be redelegated except as provided in this order. Each delegation shall identify the official by name or position title. (d) Original classification authorities must receive training in original classification as provided in this order and its implementing directives. Such training must include instruction on the proper safeguarding of classified information and of the criminal, civil, and administrative sanctions that may be brought against an individual who fails to protect classified information from unauthorized disclosure. (e) Exceptional cases. When an employee, government contractor, licensee, certificate holder, or grantee of an agency who does not have original classification authority originates information believed by that person to require classification, the information shall be protected in a manner consistent with this order and its implementing directives. The information shall be transmitted promptly as provided under this order or its implementing directives to the agency that has appropriate subject matter interest and classification authority with respect to this information. That agency shall decide within 30 days whether to classify this information. If it is not clear which agency has classification responsibility for this information, it shall be sent to the Director of the Information Security Oversight Office. The Director shall determine the agency having primary subject matter interest and forward the information, with appropriate recommendations, to that agency for a classification determination.

While the VP would be a declassifying authority if he were a supervisory official of the original classifying authority, the VP has no Constitutional supervisory power other than to act as President of the Senate. The Constitution states, "The executive Power shall be vested in a President of the United States of America." It does not vest any such power in the Vice President.

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Begin Trace Mode for Comment # 2.

#1. To: nolu_chan (#0)

Okay, Here's an oppurtunity to get Cheney to do something that would make him untouchable in the eyes of the American People.

Declassify who killed JFK, and Declassify everything about UFOS.

The second he does it, and makes it public, and totally unedited, We'll forgive him for shooting Whittington.

TommyTheMadArtist  posted on  2006-02-16   8:29:20 ET  Reply   Untrace   Trace   Private Reply  

Declassify who killed JFK

Bush senior.

tom007  posted on  2006-02-16   10:21:26 ET  Reply   Untrace   Trace   Private Reply  

        There are no replies to Comment # 2.

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