An executive order cannot override those specific statutes.
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The vice president clearly has the authority, in his official duties as vice president, to classify information.īut the vice president cannot, under these executive orders - plus the fact there are federal laws that relate to certain types of information, such as, in the Valerie Plame case, the identity - releasing the identity of an undercover operative of the CIA, for example. "The authority to classify information originally may be exercised only be the president and in the performance of executive duties, the vice president, agency heads and officials designated by the president." So if you're looking at this executive order, it looks like Dick Cheney is right, he would have the ability to declassify documents.īARR Now, there's another - there a number of documents that one would really have to look at here. PHILLIPS: Yes, are you impressed? OK, I tell you, this took all morning. Now I'm getting really technical here.īARR: I'm impressed.
So we went digging a little further here and found executive order 13292, section 1.3. There's an executive order that specifies who has classification authority, and obviously it focuses first and foremost on the president, but also includes the vice president." I have participated in declassification decisions. PHILLIPS: OK, because he came out in his interview yesterday, and this is what he said when he was asked about this. But if he wants to have something declassified, there is a process through a National Security Council adviser that he has to go through. It is a specific procedure that the vice president, who does have authority to classify information, which is very different from the authority to unilaterally declassify information - he has the authority to classify. From what you've known and know, did you know or do you believe that a vice president has the ability to declassify documents?īOB BARR, CNN CONTRIBUTOR: It's not quite that simple, but the bottom line, Kyra, is that no, the vice president cannot just wake up one day and say, oh, I'm going to declassify something. So a couple of things to hammer up here, or hammer on. In his interview yesterday, the vice president didn't say he did, only that if he did, there would be nothing illegal about it.įormer Republican congressman and regular CNN contributor Bob Barr is here with us. That would be the indictment of his long time aide Scooter Libby, who now says an unnamed superior told him to release pre-war secrets about Iraq. Vice President Cheney newly forthright about that hunting accident last weekend, not so much about the other controversy swirling around his office.
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The Justice Department says it hasn't decided how to respond. A federal judge, meanwhile, is ordering the White House to release some pertinent documents within 20 days or make a list of what it's keeping secret. The Senate Intelligence Committee is believed to be either launching or refusing to launch an investigation of President Bush's domestic spying program. KYRA PHILLIPS, CNN ANCHOR: Behind closed doors, a secret debate on a formerly secret program.
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