John Dean: The Misunderestimated Mr. Cheney

Very good piece by Dean.

From Findlaw.com:



The Vice President's Record of Willfully Violating the Law, And Wrongly Claiming Authority to Do So

Vice President Dick Cheney has regularly claimed that he is above the law, but until recently he has not offered any explanation of why.


In fact, it is becoming increasingly difficult to find a law that Cheney believes does apply to him, whether that law be major and minor. For example, he has claimed that most of the laws passed in the aftermath of Watergate were unconstitutional, and thus implicitly inapplicable. His office oversees signing statements claiming countless new laws will not be honored except insofar as the President's extremely narrow interpretation allows. He does not believe the War Powers Act should be honored by the President. Nor, in his view, should the President be bothered with laws like the Foreign Intelligence Surveillance Act (FISA). In fact, it appears Cheney has actively encouraged defiance of such laws by the Bush Administration.

For Cheney, the Geneva Conventions - considered among the nation's most important treaties -- are but quaint relics that can be ignored. Thus, he publicly embraced their violation when, on an Idaho talk radio program, he said he was not troubled in the slightest by our forces using "waterboarding" -- the simulated drowning of detainees to force them to talk. There are serious questions as to whether Cheney himself has also conspired to violate the War Crimes Act, which can be a capital crime.


A man who can so easily disregard the War Powers Act, FISA, the Geneva Conventions, and the War Crimes Act is merely flicking fleas when it comes to complying with laws like the Presidential Records Act, which requires him to keep records. Yet as CNN and other news organizations have reported, Cheney ordered the destruction of the visitor logs to his residence. These, of course, are presidential records the law requires him to preserve and protect. (Indeed, neighbors of the Vice President were surprised when, in the past, a truck for a document shredding service would regularly visit the Vice President's residence at the Naval Observatory.)
Most recently, the Vice President has refused to comply with Executive Order 12958,> as amended by his boss, George W. Bush. These orders were issued to implement the law adopted by Congress in 1995 to clarify the classification and protection of national security information.

The Source of Cheney's Power: Influence, Not a Formal Grant of Authority


Washington insiders have long understood that Cheney's power stems from his knowledge of the way the White House and the Office of the President operate. This is knowledge he acquired as President Ford's Chief of Staff. With Bush's consent, much of the paper flow of the White House which heads up the chain of command toward the President goes through Cheney's office. In addition, Cheney's staff reaches down into the executive bureaucracy to shape the debate before it reaches the White House.


Those with whom I have spoken have serious doubt that Bush and the White House staff really knows what Cheney is doing, why he is doing it, or how he is doing it. From the outset of this administration, Cheney has been instrumental in placing people loyal to him throughout the Executive Branch. This is not to say that Bush is not "the decider," for he is, but by shaping the debate and controlling the paper flow, Cheney decides what the decider will decide.


It has long been apparent that Cheney's genius is that he lets George W. Bush get out of bed every morning actually believing he is the President. In fact, his presidency is run by the President of the Senate, for Cheney is its true center of gravity. That fact has become more apparent with every passing year of this presidency, and anyone who thinks otherwise has truly "misunderestimated" our nominal president and his vice president.