Newsweek's Michael Isikoff [1] reports that, despite a request from the official in charge of Information Security Oversight at the National Archives, the Attorney General has never addressed Dick Cheney's failure to comply with the executive order on classified information. A Freedom of Information Act (FOIA) request for info. on this issue was denied on the ground there were "no documents" on this matter. There is something gravely wrong with this whole situation. Dick Cheney is not a fourth branch of government, but he's sure acting like one:
Cheney's hard-line chief of staff, David Addington, has made the novel argument that the veep doesn't have to comply on the ground that, because the vice president also serves as president of the Senate, his office is not really part of the executive branch.
Cheney's position so frustrated J. William Leonard, the chief of the Archives' Information Security Oversight Office, which enforces the order, that he complained in January to Gonzales. In a letter [2], Leonard wrote that Cheney's position was inconsistent with the "plain text reading" of the executive order and asked the attorney general for an official ruling. But Gonzales never responded, thereby permitting Cheney to continue blocking Leonard from conducting even a routine inspection of how the veep's office was handling classified documents, according to correspondence released by House Government Reform Committee chair Rep. Henry Waxman.
Why didn't Gonzales act on Leonard's request? His aides assured reporters that Leonard's letter has been "under review" for the past five months—by Justice's Office of Legal Counsel (OLC). But on June 4, an OLC lawyer denied a Freedom of Information Act request about the Cheney dispute asserting that OLC had "no documents" on the matter, according to a copy of the letter obtained by NEWSWEEK [3]. Steve Aftergood, the Federation of American Scientists researcher who filed the request, said he found the denial letter "puzzling and inexplicable"—especially since Leonard had copied OLC chief Steve Bradbury on his original letter to Gonzales. The FOIA response has piqued the interest of congressional investigators, who note Bradbury is the same official in charge of vetting all document requests from Congress about the U.S. attorneys flap. Asked about the apparent discrepancy, Justice spokesman Brian Roehrkasse said the OLC response [4] "was and remains accurate" because Leonard's letter had generated no "substantive work product."