SMRs and AMRs

Sunday, July 01, 2007

When the Vice President Does It, That Means It’s Not Illegal

By Frank Rich
The New York Times

Sunday 01 July 2007

Who knew that mocking the Constitution could be nearly as funny as shooting a hunting buddy in the face? Among other comic dividends, Dick Cheney's legal theory that the vice president is not part of the executive branch yielded a priceless weeklong series on "The Daily Show" and an online "Doonesbury Poll," conducted at Slate, to name Mr. Cheney's indeterminate branch of government.

The ridicule was so widespread that finally even this White House had to blink. By midweek, it had abandoned that particularly ludicrous argument, if not its spurious larger claim that Mr. Cheney gets a free pass to ignore rules regulating federal officials' handling of government secrets.

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.

(Continued here.)

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