One more EPU for Peterr re: “conflict of interest” issue.

Early on in the proceedings, Judge Walton entered a ruling where he “aligned” the Spec Prosecutor with the OCA and govt agencies, since he represented gov. It was an obscur-ish point at the time, but I was wondering even back then about arbitrary classifications of things Libby should be able to use in his defense, just to derail.

The Spec. Pros., who had “won” for the decision, still came back and asked that the court reconsider the language on alignment and NOT align the Spec Pros with gov agencies (and mentioned that he had subpeonaed everything he got from them). The Judge agreed and reworded his opinion.

It doesn’t look like the Spec Pros ended up needing to fight that fight, but the fact that he kept that door open was, I thought, a very good tactic.

As an old infantry grunt (WWII) once told me, it’s always a good idea to keep all your weapons clean and ready, even if you don’t have to fire them. You never know which one you’ll need, and when you need it, you need it immediately and you need it to work the first time, because you might not get a second chance.

The more I see of Fitz at work (like this nugget), the happier I am that he’s on the case! Thanks for the catch.

:-)

That second source also mentioned the wide permission for access to info through the VP office not even based on a need to know. That sounds dangerous to me.

Great post lhp and thanks for the work to help us understand.

In hearing the terms ‘original classifying agency(authority)’ it brings to mind the incident of Cheney claiming special powers to this. How does the following linked blog post from The Washington Note, Feb 06 fit in with possibilities of running into trouble or possibly having them by some short hairs?

Where does the March 25, 2003 date for the amendment fall in the timeline?

Can Cheney be His Own Declassification Machine?

…In my view, the law says “No”. . .but I have little doubt Alberto Gonzales and his minions will construct a rationale that says otherwise.

But I have run across some interesting information — and have some questions that we should all pose to those at the helm in the White House.

Executive Order 12958 on “Classified National Security Information” was promulgated by President Clinton on April 17, 1995.

This Executive Order “prescribes a uniform system for classifying, safeguarding, and declassifying national security information.”

In this 1995 Executive Order, the VICE PRESIDENT is mentioned only one time — and only in such a way that the automatic, 25-year declassification of historically important documents can be preempted if declassification would “impair the ability of responsible United States Government officials to protect the President, the Vice President, and other individuals.”

Now, let’s move to the March 25, 2003 Executive Order by President Bush, No. 13292, that amends President Clinton’s Executive Order on National Security Information.

The Vice President’s “presence” in the Executive Order increased by 1000%. Instead of just one mention in the Executive Order, Cheney’s office is referred to eleven times.

This hyping of Cheney’s and his staff’s role in the management of secrets is a further testament to the historically unique power that Cheney’s vice-presidency amassed in the period after 9/11/2001.

Briefly, in the amended Executive Order, Dick Cheney and presumably future VPs are affected by this National Security Information presidential order in the following ways:

1. The Vice President, in the context of his duties, has the authority to “classify” information;

2. The Vice President, in the context of his duties, can give a “top secret” classification to information;

3. The Vice President can give a “secret” or “confidential” classification to information;

4. Like in the previous 1995 Executive Order, the automatic, 25-year declassification of national security information can be preempted if it would impair the ability to “protect” the Vice President from physical harm;

5. Mandatory declassification review (by a designated process) is required of information originating from the Vice President;

6. Mandatory declassification review is required from the Vice President’s staff;

7. Access to certain national security information can be provided to individuals who occupied policy-making positions appointed by the Vice President (or President of course)

8. Rules barring access to certain classified national security information will be waived for the Vice President;

9. Waivers to rules of access to classified national security information will only apply to Vice Presidential appointees in areas of their policy work while working as an Executive Branch appointee;

10. This mention of the VP only relates to the above line saying that access to classified national security information will only be provided to Presdidential and Vice Presidential appointees in the area of his or her policy work that was done during the tenure of that respective President or Vice President;

11. “‘Original classification authority’ means an individual authorized in writing, either by the President, the Vice President in the performance of executive duties. . .” This is a definitional item in the Executive Order….

Joining you in the EPU zone. Note that regular aencies that you might expect to have classification authority like the CIA for example are subject to the uniform rules, but the OVP? Not so much. he can just make it up as he goes along apparently (actually, I am joking, or wish I were)

analysis of executive order 13292

…8. Vice President

The new order amends the definition of “original classification authority” to include “the Vice President in the performance of executive duties.” Although the Vice President was not listed as an original classification authority in the previous Executive Order, a separate Presidential directive gave the Vice President Top Secret original classification authority, including the power to delegate that authority to others. See 60 Fed. Reg. 53845-46 (Oct. 17, 1995)(Presidential Order designating the Vice President and other senior officials as “original classification authorities”)

The new order adds information originated by the Vice President and his staff to the categories of information that are exempt from mandatory declassification review. Under the 1995 Order, the categories of exempt information included those originated by the incumbent President, White House Staff, commissions appointed by the incumbent President and “other entities within the Executive Office of the President that solely advise and assist the incumbent President.” These categories continue to be exempt under Executive Order 13,292. Executive Order 13,292, Section 3.5(b)

The Vice President and certain Vice Presidential appointees have also been added to the list of individuals that may be given access to classified information after they leave office without demonstrating a need to know. Executive Order 13,292, Section 4.4(a)….

11. Emergency Disclosure

Executive Order 13,292 contains a new provision authorizing emergency disclosure of classified information to an otherwise unauthorized individual “when necessary to respond to an imminent threat to life or in defense of the homeland.” Executive Order 13,292, Section 4.2(b) The Director of the CIA is authorized to issue the implementing directives for such emergency disclosures.

bold emphasis mine

In hearing the terms ‘original classifying agency(authority)’ it brings to mind the incident of Cheney claiming special powers to this. How does the following linked blog post from The Washington Note, Feb 06 fit in with possibilities of running into trouble or possibly having them by some short hairs?

Where does the March 25, 2003 date for the amendment fall in the timeline?

Can Cheney be His Own Declassification Machine?

…In my view, the law says “No”. . .but I have little doubt Alberto Gonzales and his minions will construct a rationale that says otherwise.

But I have run across some interesting information — and have some questions that we should all pose to those at the helm in the White House.

Executive Order 12958 on “Classified National Security Information” was promulgated by President Clinton on April 17, 1995.

This Executive Order “prescribes a uniform system for classifying, safeguarding, and declassifying national security information.”

In this 1995 Executive Order, the VICE PRESIDENT is mentioned only one time — and only in such a way that the automatic, 25-year declassification of historically important documents can be preempted if declassification would “impair the ability of responsible United States Government officials to protect the President, the Vice President, and other individuals.”

Now, let’s move to the March 25, 2003 Executive Order by President Bush, No. 13292, that amends President Clinton’s Executive Order on National Security Information.

The Vice President’s “presence” in the Executive Order increased by 1000%. Instead of just one mention in the Executive Order, Cheney’s office is referred to eleven times.

This hyping of Cheney’s and his staff’s role in the management of secrets is a further testament to the historically unique power that Cheney’s vice-presidency amassed in the period after 9/11/2001.

Briefly, in the amended Executive Order, Dick Cheney and presumably future VPs are affected by this National Security Information presidential order in the following ways:

1. The Vice President, in the context of his duties, has the authority to “classify” information;

2. The Vice President, in the context of his duties, can give a “top secret” classification to information;

3. The Vice President can give a “secret” or “confidential” classification to information;

4. Like in the previous 1995 Executive Order, the automatic, 25-year declassification of national security information can be preempted if it would impair the ability to “protect” the Vice President from physical harm;

5. Mandatory declassification review (by a designated process) is required of information originating from the Vice President;

6. Mandatory declassification review is required from the Vice President’s staff;

7. Access to certain national security information can be provided to individuals who occupied policy-making positions appointed by the Vice President (or President of course)

8. Rules barring access to certain classified national security information will be waived for the Vice President;

9. Waivers to rules of access to classified national security information will only apply to Vice Presidential appointees in areas of their policy work while working as an Executive Branch appointee;

10. This mention of the VP only relates to the above line saying that access to classified national security information will only be provided to Presdidential and Vice Presidential appointees in the area of his or her policy work that was done during the tenure of that respective President or Vice President;

11. “‘Original classification authority’ means an individual authorized in writing, either by the President, the Vice President in the performance of executive duties. . .” This is a definitional item in the Executive Order….

[Gevala should get into the popcorn biz asap]

oh and a photoshop of Fitz about four feet deep in popcorn would be funny too….)

Early on in the proceedings, Judge Walton entered a ruling where he “aligned” the Spec Prosecutor with the OCA and govt agencies, since he represented gov. It was an obscur-ish point at the time, but I was wondering even back then about arbitrary classifications of things Libby should be able to use in his defense, just to derail.

The Spec. Pros., who had “won” for the decision, still came back and asked that the court reconsider the language on alignment and NOT align the Spec Pros with gov agencies (and mentioned that he had subpeonaed everything he got from them). The Judge agreed and reworded his opinion.

It doesn’t look like the Spec Pros ended up needing to fight that fight, but the fact that he kept that door open was, I thought, a very good tactic.

I LOVE KITTENS. Wish they didn’t grow up so quickly.

Git yerself an Abyssinian or an Aby cross kitty. They do get bigger, but they never stop acting like kittens. Plus, they’re friendlier than most dawgs (I’m pretty sure, excepting standard poodles, Jane *g*).

Oh. And they’re smart enuf, you’ll probably have to change all the locks in your home and hide the keys. Otherwise. Riotous fun!

ON topic: lhp, May I please join the ranks of those deeply appreciating your skills at translating legalese for us mere mortals. Hangin’ on your every word.

YAY FITZ! YAY lhp!