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

[sak]

You have got to be kidding! Since when does Cheney comply with anything, including the Constitution? This is the guy who says that the VP is not in the executive branch of the government! I wrote to my senators and congressmen last year and asked whether anyone was paying attention to the White House records. I can guarantee that they have already destroyed a lot of records and will continue to do so no matter what a judge says. Tell me, Who is going to stop them? Congress seems to be impotent to stop Cheney or Bush from doing whatever they want to do. They can tell their minions to ignore subpoenas, they can refuse to appear before Congress, they can lie us into a war, and Cheney has been running a shadow government from the day he stepped into office. I hope this isn't the first time it occurred to anyone that the White House would destroy records. Think emails!

[JJoseph]

Cheney obey this ruling! You got to be kidding me. Federal marshals should seal everything off.

These are very corrupt administration. You can even get a list of participants in Cheney's energy writing committee.

There are laws for us and there is law for NeoCons.

This is not worth the time and effort of the judge and the court.

[Ray46]

No problem he already has, SOP before you go to court where the judge may subpoena your records or issue an order not to destroy your records.

[patianneb]

...and we all know how much respect Ch*n*y has for the law, particularly since he declared the office of VP was not a part of the Executive or the Legisl@tive Br@nch of Government, making it I assume his OWN branch of government where he will do exactly as he damned well pleases.

Sound familiar as in Al@sk@?

[renatam]

[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.]

Think of the implications of THIS interpretation for a Sarah Palin -- who refuses to answer questions posed by voters in a friendly setting and/or the Press -- while ASKING us for our votes. Think of how she is governing (or not) Governing Alaska via voter oil payouts to each citizen, intimidation, a husband who is not a Government employee w/exec powers to hire/fire/attend meetings/send emails w/Official communications via Yahoo!-as-personal w/out accountability, etc. Think of her penchant for ABUSE OF POWER and fusing personal family vendettas w/Government business.

THINK...

[bennofs]

Any alien coming to this planet would know - simply through an understanding of natural law that comes to any thinking being - that this self-appointed fourth branch of government belongs behind bars where they can no longer be a danger to the public or to themselves.

[bayside]

Cheney will have to apologize if he does..

[sak]

Cheney does NOT apologize!

[goldnchyl]

Courage, people. Courage and vigilance. This is not a game. http://www.uncountedthemovie.com/

[frappe]

I wish there was a way to mail this DVD free-of-charge to every household in the United States.

[floridasailor1]

Hail to King Cheney! Once again, our monarch TELLS his people that he is above the laws of the constitution. Who knew that his ceremonial position of VP travels in its own orbit, like a moon circling Uranus, and is subject only to his own self-RIGHTeous rules. The peasant uprising is long overdue. Cheney's rule must end with a prison term.

[renatam]

Did Dick Cheney drop a cigarette? Oops!

The Judge needs to grab these records NOW!!!

[enlighteninglad]

Cheney: What are you going to do about it, huh? I'll do anything I da*n well please and you can kiss my ass, Hahahaha!

[TJoad]

Cheney. . . . obey a court order?. . . .HA! HA!

[sak]

My thoughts exactly. They should have someone in his office at all times, day and night observing where the records are and who touches them. In fact, someone should be looking at them right now.

[onenvrnos]

Post - impeach Bush/Cheney and strip them of any services or benefits in the future. Both deserve nothing less. They are completely corrupt, and all of their cronies are equally corrupt. Clean house. They must be impeached to send a clear message that this bs will not be tolerated in the future within the highest office of our United States.

Records? Yeah, right. When are these people going to be held accountable????

[Spud777]

Can anyone confirm the report from the AP that Dick Cheney has moved into the White House (since he has been controlling it for going on eight years) and George W. Bush is now hiding in a "secret, undisclosed location (bunker)" for the rest of his term in office?

[frappe]

Cheney and Bush are both equally guilty at presiding over what will be known throughout history as perhaps one of the darkest periods in American politics and governance. In fact, it can be argued that Cheney is perhaps more culpable than Bush for much of the abuse of power and malfeasance that has transpired over these past eight years.

Given Bush's reluctance to "read" and research issues himself, relying instead on short, oral summaries from his advisers, it stands to reason that Cheney was perhaps the Oz behind the curtain, one who controlled the levers of power in the White House.

For him to argue that the VP's office should not be considered part of the Executive branch is ludicrous and an insult to our intelligence. It just goes to show his arrogant contempt for our institutions and the need for transparency and public accountability.

But one thing is for sure. History will not be kind to the Bush/Cheney administration. They, along with their enablers in Congress, will go down in infamy, being remembered more for the serious damage that they've caused to our nation and its people than anything else.