Thursday, February 16, 2006

They've got Trouble and that starts with "T" and the rhymes with "C" and that stands for Classified Documents. Or is it Colostomy Bag?

Well, when not (let me get this straight now)

-- Hanging out with his mistress
-- Downing a Beer
-- Which must mix "really" well with heart, blood pressure and gout medicine
-- Popping a Viagra
-- Nursing a Hair Trigger

and oh yes,

-- SHOOTING AN OLD MAN IN THE FACE, NECK AND CHEST

Dick Cheney is committing higher crimes and misdeamers than reckless endangerment.

For example, acts that are "technically" not treason, at least by his definition.

Vice President Dick Cheney disclosed Wednesday that he has the power to declassify sensitive government information, authority that could set up a criminal defense for his former chief of staff, I. Lewis "Scooter" Libby.


There is a rather sad, factual error in that paragraph. This would be a nice defense if Scooter was charged with leaking classified information, but he isn't; he's charged with lying to investigators and perjury. Nevertheless, it contains a rather rich nugget that I do not believes is actually the law, or at least is a rather expansive overreach of existing law.

Before I got into this though let me check something...

...okay, I'm back, I don't really want to rehash what Jane or Reddhedd already do better than I do (and yes that statement is both true and sucking up)

Okay, the law, as Atta J. Turk understands it, allows the President to declassify material.

In March 2003 (conveniently) Cheney stuck the following document under Bush's nose for him to sign, stating it was the sign-up sheet for Girl Scout Cookies (the selling of which excites Bush more than any other person on earth not named John Derbyshire or Jerry Lee Lewis). Bush thought he was signing up for 4 boxes of Thin Mints and 3 Boxes of Samoas and here we are with this regulation.

Bare with me because this legal analysis follows a thorough 15 minute review of the regulation that would make only Jonah Goldberg jealous, but it appears that declassifying material is a fairly rigorous process, with this exception:

Sec. 3.5. Mandatory Declassification Review. (a) Except as provided in paragraph (b) of this section, all information classified under this order or predecessor orders shall be subject to a review for declassification by the originating agency if...

(b) (b) Information originated by:

(1) the incumbent President or, in the performance of executive duties, the incumbent Vice President;

(2) the incumbent Presidents White House Staff or, in the performance of executive duties, the incumbent Vice Presidents Staff;

(3) committees, commissions, or boards appointed by the incumbent President; or

(4) other entities within the Executive Office of the President that solely advise and assist the incumbent President is exempted from the provisions of paragraph (a) of this section. However, the Archivist shall have the authority to review, downgrade, and declassify papers or records of former Presidents under the control of the Archivist pursuant to sections 2107, 2111, 2111 note, or 2203 of title 44, United States Code. Review procedures developed by the Archivist shall provide for consultation with agencies having primary subject matter interest and shall be consistent with the provisions of applicable laws or lawful agreements that pertain to the respective Presidential papers or records. Agencies with primary subject matter interest shall be notified promptly of the Archivists decision. Any final decision by the Archivist may be appealed by the requester or an agency to the Panel. The information shall remain classified pending a prompt decision on the appeal.


That sure reads like the "convenient" declassification to fuck with whoever we please regulation. How nice for Dick Cheney.

Fucker probably kept the cookies too.

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