Judge To Cheney: Don't Destroy Your Records

WASHINGTON — A federal judge on Saturday ordered Dick Cheney to preserve a wide range of the records from his time as vice president.

The decision by U.S. District Judge Colleen Kollar-Kotelly is a setback for the Bush administration in its effort to promote a narrow definition of materials that must be safeguarded under by the Presidential Records Act.

The Bush administration's legal position "heightens the court's concern" that some records may not be preserved, said the judge.

A private group, Citizens for Responsibility and Ethics in Washington, is suing Cheney and the Executive Office of the President in an effort to ensure that no presidential records are destroyed or handled in a way that makes them unavailable to the public.

In a 22-page opinion, the judge revealed that in recent days, lawyers for the Bush administration balked at a proposed agreement between the two sides on how to proceed with the case.

Cheney and the other defendants in the case "were only willing to agree to a preservation order that tracked their narrowed interpretation" of the Presidential Records Act, wrote Kollar-Kotelly.

The administration, said the judge, wanted any court order on what records are at issue in the suit to cover only the office of the vice president, not Cheney or the other defendants in the lawsuit. The other defendants include the National Archives and the archivist of the United States.

In response to the ruling, Cheney spokesman James R. Hennigan said that "we will not have any comment on pending litigation."

The lawsuit stems from Cheney's position that his office is not part of the executive branch of government.

This summer, Cheney chief of staff David Addington told Congress the vice president belongs to neither the executive nor legislative branch of government, but rather is attached by the Constitution to Congress. The vice president presides over the Senate.

The lawsuit alleges that the Bush administration's actions over the past 7 1/2 years raise questions over whether the White House will turn over records created by Cheney and his staff to the National Archives in January.

In 2003, Cheney asserted that the office of the vice president is not an entity within the executive branch.

Two historians and three groups of historians and archivists joined CREW in filing the suit two weeks ago.

Comments

[UncleHomer]

I think all we are really going to find out here is how unfortunate it was that so many records ended up being lost during the fire at the Vice President's office.

Y'all didn't think you'd really catch old Dick out in the wide open did you? He ain't Bush and he damn sure ain't Nixon.

[Lemeritus]

Is Judge Kollar-Kotelly still chief judge of the FISA court? If so, interesting finding.

[LiarLiarIraqsOnFire]

Cheney replied, "Go FU@K yourself!", then clicked his cloven hooves together 3 times and transformed into a vampire bat & flew off to an undisclosed location.

[Phideaux]

Thoughts on Cheney:
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[watchTVgetSTUPID]

Telling Cheney to obey the law and not destroy evidence that incriminates himself is not going to work. The judge needs to escalate and say any attempt to destroy the evidence is a crime and if Bush tries to pardon him then that constitutes crime by Bush and Bush will be prosecuted.

[Nyla785]

Did this administration ever turn over those White HOuse visitors records that they were hiding because of Abramoff's frequent visits during HIS trial?? This administration forgets who pays their salaries.

[NATO91]

A ) said "records" are already gone

B) this is a tremendous civics lesson for me! I had no idea the Vice President was not part of the Executive branch. Should've paid better attention to my Schoolhouse Rock.

C) Forget these animals. Let's just focus on getting Obama into the White House already!

[neurolux]

All Cheney's records are printed on flash paper. One light and *fwhoosh* no more records, and Cheney disappears in a cloud of smoke with his evil laughter lingering in the air.

[SecondBase]

I've changed my mind. I no longer think that impeaching Bush and Cheney would be the right thing to do.

In the past eight years Bush and Cheney have repeatedly cause grave harm to the national security of the United States of America. Impeachment is not the correct legal course to address their actions -- what is needed is for them both to be tried for treason.

[nirek]

I second the motion !

[brenner21]

It's amazing to recall that Cheney was appointed by Bush to head up his Vice-Presidential search committee. Amazing hubris to select oneself. This court order is confirmation that Cheney wields as much or more power than Bush, a co- or deputy-President of the United States. The audacity to claim that he's not even a part of the Executive Branch! Ian Masters on KPFK KPFK.orgg) is interviewing Barton Gellman, author of _Angler: The Cheney Vice Presidency_ makes the extraordinary claim that Bush lost control of his Presidency within the first year, as Cheney's minions were placed in key positions that gave them access to information often before the President. Cheney's office was able to choose which policy decisions to implement, giving him the power to shape those policies.

[bujeeboo]

Right. How is this going to stop them exactly?

[wordvarc]

Cheney?

Destroy Records?

Right.
.

[Opsimath44]

"I do not know how to meet that sort of thing. I don't want to call him a liar, yet, if I come square up to the truth, I do not know what else it is."

Abraham LIncoln, responding to Stephen Douglas' numerous lies during the Lincoln-Douglas debates

[peterg76]

Technically, moving records to Dubai is not destroying them.

[nirek]

Careful judge, he shoots friends , and would not mind shooting someone he disagrees with !