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Do you think Cheney should be able to claim Executive Priveleg relating to his work in the white house while at the same time stating he is not a part of the Executive Branch, but rather the Legislature because he presides over the Senate on about one vote a year? I understand he fills both roles and is paid for both roles from different budgets. So, if he is paid for his VP job and his VP staff is paid under that 4.5 million dollar budget - shouldn't he be considered part of the Executive Branch? I mean, aside from the fact of his stated role in the Constitution...
I understand he wants to avoid imprisonment for the illegal wire tapping and doesn't want to turn over his papers, but I just don't see how he can have it both ways...
Do you think Cheney should be able to claim Executive Priveleg relating to his work in the white house while at the same time stating he is not a part of the Executive Branch, but rather the Legislature because he presides over the Senate on about one vote a year? I understand he fills both roles and is paid for both roles from different budgets. So, if he is paid for his VP job and his VP staff is paid under that 4.5 million dollar budget - shouldn't he be considered part of the Executive Branch? I mean, aside from the fact of his stated role in the Constitution...
I understand he wants to avoid imprisonment for the illegal wire tapping and doesn't want to turn over his papers, but I just don't see how he can have it both ways...
The Constitution of the United States
Article. II. Section. 1.
The executive Power shall be vested in a President of the United States of America. He shall hold his Office during the Term of four Years, and, together with the Vice President, chosen for the same Term, be elected, as follows:
Useful link.....
226) APPENDIX NO. 5 OFFICE OF THE VICEPRESIDENT The Vice Presidency is a unique office that is neither a part of the executivebranch nor a part of the legislative branch, but is attached by the ...
From the University of Chicago School of Law faculty blog:
In view of the current conflict between Congress and the President, it might be useful to outline existing law on executive privilege, and thus to provide a kind of primer (a tentative, preliminary, and incomplete one to be sure). The following does not focus on or attempt to resolve the current controversy.
Nor does it trace the practices of Congress and the executive branch over time. One of the largest lessons is that much of the law remains unsettled. The Supreme Court has not said a great deal; the court of appeals for the District of Columbia Circuit has said more; but it is not at all clear that a majority of the Supreme Court would agree with what the lower court has said. Here is (the bulk of) the law as it now stands.
1. The President has a generalized privilege against disclosure of his own discussions with his close advisers. US v. Nixon (1974).
2. This privilege is not absolute. The “generalized interest in confidentiality” can be overcome by the need for evidence that “is demonstrably relevant” to a criminal trial, if that evidence is “specific and central to the fair adjudication in a particular criminal case.” Id.
4. The privilege apparently applies to the Vice President no less than to the President, at least where the communications of the Vice President are intended to culminate in advice to the President. See Cheney v. USDC (2004).
7. To whom does executive privilege apply? The Supreme Court has not clearly said. On one view, the privilege applies only to communications involving the President. On another view, the privilege applies to everyone within the executive branch. The DC Circuit has ruled that the privilege applies to presidential advisers in the course of preparing advice for the President. In Re Sealed Case (1997). This includes a) communications authored by such advisers and b) communications which these advisers solicited and received from others.
Article. II. Section. 1.
The executive Power shall be vested in a President of the United States of America. He shall hold his Office during the Term of four Years, and, together with the Vice President, chosen for the same Term, be elected, as follows:
Useful link.....
226) APPENDIX NO. 5 OFFICE OF THE VICEPRESIDENT The Vice Presidency is a unique office that is neither a part of the executivebranch nor a part of the legislative branch, but is attached by the ...
I guess my question would be... WHAT is this an "appendix" of or to? It doesn't seem to be part of the Constitution which is what I was referencing, but rather part of a book from somewhere. I'm not doubting the usefulness of it, but I just don't understand whose opinion this is.
The VP is trying to have it both ways and he knows he can't. But he also knows if he is challenged on this in court by the time it works its way up through the appeals process he will be out of office.
I guess my question would be... WHAT is this an "appendix" of or to? It doesn't seem to be part of the Constitution which is what I was referencing, but rather part of a book from somewhere. I'm not doubting the usefulness of it, but I just don't understand whose opinion this is.
It's the Government Printing Office.
Interesting to note that prior to the Bush administration, the OVP was included in the section on the Executive Branch. After Bush took office, OVP was moved from that section and into the Appendix cited here. The GPO is not independent, it publishes what it is told to and, in this case, somebody handed them an order to describe the OVP in the new terms.
The GPO's decision to publish OVP in this manner carries no legal weight.
Last edited by Jason_Els; 06-28-2007 at 03:44 PM..
Do you think Cheney should be able to claim Executive Priveleg relating to his work in the white house while at the same time stating he is not a part of the Executive Branch, but rather the Legislature because he presides over the Senate on about one vote a year? ...
I think I have a solution to the situation.
Fact 1: Dick Cheney doesn't want to turn his papers over to Archives.
Fact 2: Sandy Berger takes papers out of Archives by stuffing them down his pants.
Solution:
I say, cut out the middle man (Archives). Dick Cheney should stuff his papers down Sandy Berger's pants and let Berger dispose of them.
I understand he wants to avoid imprisonment for the illegal wire tapping and doesn't want to turn over his papers, but I just don't see how he can have it both ways...[quote]
________________
He breaks serious privacy laws and yet has the hubris to demand what he wants..Sounds like a dictatorship...
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Yes he is part of the Executive Branch
Executive Priviledge, maybe???
