Cheney lawyer claims Congress has no authority over vice-president

[laststeamtrain]

Source: Guardian

Cheney lawyer claims Congress has no authority over vice-president
Elana Schor
guardian.co.uk,
Tuesday April 29 2008

The lawyer for US vice-president Dick Cheney claimed today that the Congress lacks any authority to examine his behaviour on the job.

The exception claimed by Cheney's counsel came in response to requests from congressional Democrats that David Addington, the vice-president's chief of staff, testify about his involvement in the approval of interrogation tactics used at Guantanamo Bay.

Ruling out voluntary cooperation by Addington, Cheney lawyer Kathryn Wheelbarger said Cheney's conduct is "not within the committee's power of inquiry".

"Congress lacks the constitutional power to regulate by law what a vice-president communicates in the performance of the vice president's official duties, or what a vice president recommends that a president communicate," Wheelbarger wrote to senior aides on Capitol Hill.

Read more: http://www.guardian.co.uk/world/2008/apr/29/dickcheney.usa?gusrc=rss&feed=worldnews

[Kool Kitty]

1. Well, I guess we can't question Caligula.

[sharesunited]

2. That's what elections are for.

To bring in an executive branch which we can be better assured accepts a duty of accountability to the People.

GFY Dick.

[neuvocat]

3. Cheney could be impeached on at least 6 offenses.

Cheney should consider another attorney.

[bushmeister0]

6. He's got 9 of them just down the street. They wear dark robes and have piercing red eyes.

[mac2]

35. When you've done the crime you have to serve the time.

[Dr.Phool]

49. We should consider a new congress.

They're the ones letting this piece of shit get away with this.

[mac2]

57. Yes...they are allowing to occur so are part of it.

[wordpix]

74. agreed---just impeach The Dick!

[mcctatas]

4. Fine....

but can we at least feed him garlic and douse him with holy water? If my suspicions about The Dark Lord Dick are unfounded, no harm no foul, but if they are true...now there's must see TV!

[mac2]

47. The things we know are terrible and those we have yet to

learn about even worse.

[JDPriestly]

5. Wanna' bet, Cheney? If this doesn't get Congress moving on

impeachment, nothing will.

How can Congress carry out its authorized function of impeachment if it cannot oversee what the Vice President does? This administration needs to re-read the Constitution. The Constitution does not grant immunity to the executive. It grants immunity to the legislature from executive interference such as arrest (with limitations), but it does not grant the executive immunity from the oversight of the legislature. To the contrary, oversight is considered to be a necessary function of Congress in carrying out its Constitutional duties, and, in addition, Congress expressly has the authority to impeach which necessitates overseeing the executive and investigating the conduct of the executive. After all, to balance the oversight powers of Congress, the executive has more control over the Department of Justice and gets to initiate the process of appointing judges and others in the administration. Cheney surely knows better than this. I think that the Bushies are just trying to pull the wool over the eyes of the American people. I can't believe that they actually believe this stuff. They certainly did not mention some of these ideas during the Clinton administration.

[Kablooie]

8. Well, I'm afraid that "nothing will" wins the day.

[rambler_american]

16. "This administration needs to re-read the Constitution." Why?

It's just a goddamn piece of paper according to *.

Can I get aq FU?

[mac2]

23. Under the Constitution Congress has over sight powers.

That means over the Excutive branch-VP. Ask the Agnew's family about that.

http://en.wikipedia.org/wiki/Spiro_Agnew#Resignation VP Agnew.

Where did this lawyer go to college and what law exam did he take? I had Constitutional Law in Business at the university. It is pretty basic stuff. Even high school students learn the division of powers. Every public employee is answerable to the citizens and their laws. They take an oath of office requiring it.

The Executive branch is trying to re-write their own law. It is not their duty to do so under the Constitution. Even then ratification of the Constitution would be necessary. That's a state by state vote. 2/3rds have to agree before it is changed. That lawyer should lose his license for his unprofessional conduct and lawlessness.

Seems the Bible which is much older than the Constitution is written on better paper? He goes by those rules (well I know not really).

Impeach the traitor, murderer, and robber. I'm being too kind I know.

[0rganism]

67. don't mistake political smokescreening for actual legal opinion

The lawyer's job, in this instance, is not to actually provide any sound interpretation of the law -- heck, that's what a judge does. Rather, this is a shot across the bow for any congressional committee interested in fact-finding. Inquiry will be met with endless legal challenges and appeals. The simple fact is, impeachment will not happen: congressional Democrats either didn't see the urgency of the situation when they still had time for it, or didn't have the spine to force the issue, or both.

Cheneybush won the game by 50 back in the 2nd quarter. Now they just have to run out the clock.

[mac2]

73. It's pretty clear and no Congress would pass the world

government plan negating our Constitution until now. The law is the law and pretty clear it is about division of powers and duties. It's not political.

[0rganism]

81. so why would anyone who's gone through law school put forth such bullshit?

Point is, it doesn't have to be correct to achieve Cheney's ends anymore. And the asshole who posed this "defense" probably got himself on the short list for federal circuit judge appointments because of it. It will take decades of tireless unimpeded effort to undo this administration's damage to the judicial branch alone!

Congress is running over to shut the barn door 6 years after the horses left, is it any surprise their constitutional powers are subject to such questions?

[Catch22Dem]

21. It'll never happen

I gave up on that pipe dream years ago.

[143tbone]

65. Nothing will. n/t

[Kablooie]

7. Didn't we all go over this a long time ago?

[mac2]

26. Yes.

Their attempt to take power of royals has been a subject for some time. They still keep hoping we will believe them if they say it often enough.

[skyounkin]

9. I don't think

cheney and bush need to read the constitutuion. Pelosi and Congress need to read the freaking constitution!!

But I'm sure this will get filed away under who cares. Nothing will happen, the criminals will get away with their crimes and life will go on....

:mad:

[Azazel]

10. This is just fancy language for "executive privilege."

Now the issue will go to court, and by the time it gets there, the issue will be moot, because Cheney and Bush will no longer be in office.

They are going to get away with it. Torture, the war, domestic spying. The whole thing. They will never be impeached or tried in tried in the courts.

Their punishment will come only from the history. But that is a real punishment.

[rambler_american]

17. They can still be tried for war crimes

after they leave office, no? If there is a god we will see the entire gang in orange jump suits.

[mac2]

24. No one is above the law even the President (and VP).

[mac2]

27. No one can claim "executive privilege" to murder and

genocide. No one is above the law even the President. That was the Republican cry about Clinton lying about sex. Murder is a lesser crime under Neo Con law.

[wordpix]

75. note they didn't use "executive privilege" b/c Cheney claimed the Veep is not in the exec. branch

Very careful not to use that phrase. :puke: Wouldn't want it coming back on Dickhead like a shot in the face.

[darue]

11. that's fine since the vice-president has no authority n/t

[mac2]

33. Let's put it this way-VP Cheney is illegally in office.

"Residency Limitations-

The Constitution also prohibits electors from voting for both a presidential and vice presidential candidate from the same state as themselves. In theory, this might deny a vice presidential candidate with the most electoral votes the absolute majority required to secure election, even if the presidential candidate is elected, and place the vice presidential election in the hands of the Senate. In practice, this is rarely an issue, as parties avoid nominating tickets containing two candidates from the same state. In one notable case, former Wyoming congressman Dick Cheney had moved to Texas to serve as CEO of Halliburton Company, but reclaimed residency at his Wyoming home before accepting the 2000 GOP nomination for vice president, alongside presidential nominee and Texas governor George W. Bush."

Both candidates for the top positions were from the same state at the time of the primary. For good reason...too much power for one state.

He and Bush also stole the election.

Cheney has no claim to be were he is in the first place!! Did that lawyer read this part of the Constitution?

[Up2Late]

12. Sure, why not.

He's disregarded every other law, what's one more?:banghead: :nuke:

[Razorblade01]

13. Isn't the V.P.'s role to reside over the Senate?

If so, why wouldn't the Congress be able to reprimand him?

[mac2]

25. Impeach him you mean.

Cheney was missing in action for 911, Kartrina, and for most of his time in office. He fund raises and blows his fear around every so often. He still declares Iraq attacked us. Iran has nuclear weapons to use against us (which he probably sold them if they have any...or Isreal via. US).

[NM Independent]

14. Not surprised

Hey Dick,

GFY in the $)#$ with a #(*@#

[happygoluckytoyou]

15. I AM GOD.... LET NOONE QUESTION MY AUTHORITY

[mac2]

31. Abuse of power.

Lincoln said, you can judge a man's character as to how he acts when given power. Cheney thinks he deserves it ever since Nixon. He's a royal.

All that praise and fawning by people get to them in the end? He has been hanging around those kids who are a bad influence on him...the Bush boys.

[Lorien]

66. Who is Noone?

Sorry, but "Noone" is a surname. No one questions BushCo-at least no one on the Hill.

[CJCRANE]

18. As I've said before

I think Cheney was expecting the dome of the Capitol to be knocked down and Congress neutralized on 9/11
(but the fourth plane didn't reach its target).

So instead he relied on anthrax, intimidation and now pseudo-legal measures to keep them out of his affairs.

[mac2]

34. Some brave American prevented it.

[Nostradammit]

72. Highly plausible

I've often wondered if that was the case.

[barbtries]

19. they bring new meaning to the word

obnoxious.

[sellitman]

20. Chutzpah!

Total Chutzpah. For all those who wouldnt support Dennis Kucinich's HR Res 33-3 to Impeach this meglomaniac the blood of tortured prisoners are on your hands as sure as if you had done the torture yourself.

Yes... I mean you DLCer Rosa DeLauro , my Congresswoman.

[mac2]

42. I like your Congresswoman.

She's so brave and intelligent. I can't imagine why she won't support impeachment of Cheney first then Bush.

I didn't know she was DLCer. I might look at her in a different light from now on.

[Alcibiades]

22. Article I, Section 8

It's in there.

[mac2]

32. Powers of Congress.

"To make all laws which shall be necessary and proper for carrying into execution the foregoing powers, and all other powers vested by this Constitution in the government of the United States, or in any department or officer thereof."

That means they have power over "officer" VP Cheney.

[mac2]

28. They do when it involves the illegal use of tax payer dollars

to torture and murder. It is high crime.

[nradisic]

29. When is Cheney going to Hell?

Another heart attack would take care of that...Scum. Total scum....

[mac2]

30. I think he had a heart transplant...

He and his wife were very concerned over him having to shake hands with donors to the "cause". He's been gone so often no one notices nor would we be told.

He has a very good health care plan denied most Americans (who pay for his).

[Virginia Dare]

36. We'll see how that flies when we have V.P. Hillary Rodham Clinton..n/t

[mac2]

43. Juding from the fear and hate of the media for her...maybe

better for us.

[TaffyMoon]

37. Because Cheney is God.

Why can't the little people realize that.

[paparush]

38. Congress - "Yawn...um..huh? ..what? yeah..sure..fine by us.."

I can see Nancy on the talk shows in response to this, talking very sternly, with much earnest...and doing absolutely nothing.

[mac2]

45. Leave your punder near the clock room on your way out the

door.

[mac2]

58. Plunder not punder...sorry my typing is terrible.

[LibertyLover]

39. Cheney could walk into the Senate with the original copy of the Constitution

in his hand, set it on fire and piss on it to put out the blaze and the Congress would do nothing to either stop him or punish him. I doubt that we will ever see any impeachments for either Bush or Cheney. For all intents and purposes Cheney's lawyer is correct in his assertion of no Congressional power to regulate the VP's office - of course what it really boils down to is that the Congress has no backbone to do so, not that they lack power to do so under the Constitution.

[mac2]

46. Congress gave Bush all their powers which is a violation

of their Constitutional duties. Terrorism was no excuse. They had their powers during WWI and WWII which was a lot worse (and shorter than Iraq). They are involved and responsible for it.

[The Backlash Cometh]

40. Not again!

Didn't we resolve this the last time by cutting him off financially?

[Phred42]

41. Interesting we get this kind of news from the Brits

SOMETIMES the American MSM pick it up - sometimes not.



Here's one to think about - there are no term limits on the VP

[Maineman]

44. Democracy in America hangs by a thread.

We must not let up.

[The Stranger]

48. Meanwhile the Nancy Disaster is cooking up some more military funding?

[Javaman]

50. "No one sees the great Oz, not no one, no no how!!" nt

[Supersedeas]

51. Kathleen Wheelbarger -- another name to add to the list of Bushist legal minds

[LynnTheDem]

52. When a nation's leaders can do anything they want and are responsible to no one, what kind of nation

would that be?

It ain't a democracy, that's for damn sure.

[mac2]

64. It's an Oligarchy (rule by the few who make up their own rules)

When they talk about the flag,patriotism, and terrorism...security I want to throw up. They distroyed it ever since Reagan.

They are what I call "economic royals". They are corporate whores mostly but that phase isn't a polite one.

[Amonester]

53. Darth Cheneyousself to Congress:

"So?"

[xyouth]

54. This guy is the face of evil.

Impeachment is the only way to escape these guys. He is saying that in time of war they have absolute power. I am really starting to feel the state of emergency and martial law before Nov. I guess there are no legs to the argument that no declaration of war has been signed by Congress, so technically we are not at war.:banghead:

[Marie26]

55. So if Congress impeached him,

he'd ignore it? Stay on the job? That's some scary territory.

[mac2]

56. They could stop paying him and remove his security.

How scary would that be to him? He has millions and could flee. They might have the Capital police arrest him if he fails to show up for hearings.

[xxqqqzme]

59. so if congress disagrees - we get to go to the

Supremes. Any idea how that decision will go?

[ToughLuck]

60. WAR CRIMINAL CHENEY !!

[BigDogDistrict44]

61. Thats one way to say Kiss my ass America

I would love to bring charges on this dude!

[Blue_Tires]

62. of course, no one wants to take him on because we can't look un-american

in an election year....:sarcasm:

[Jeff In Milwaukee]

63. He's Right...

As long as Congress is being run by chicken-shit quislings, Cheney can do whatever he likes.

[0rganism]

68. And that's the truth of it

Cheney doesn't have to answer to anyone if nobody dares to question his actions.

[stubtoe]

77. But WHY does Darth go un-dared?

What's the secret of his dark power over the Congress? What's he got on these folks anyway?

I wonder if we'll ever find out, after he's gone. I wonder where he will move to once out of office.

[bluesmail]

69. so take that you you demoncrats and go stuff it

:sarcasm:

[Orsino]

70. ...and Congress agrees! n/t

[bemildred]

71. When will someone arrest this criminal traitor? nt

[historian]

76. lets just ban congress

for all the good they are doing...?

[laylah]

78. YO! DICK..

I hope your publically funded health care/heart what-ever-the-fuck-it-is fails soon. You are one evil SOB!

[Popol Vuh]

79. Wrong Answer Mr. Cheney's Lawyer

While there may be nothing in the constitution specifically granting congress power to regulate the office of the vice-president. Nevertheless, congress has the right to inquire over any breech of federal law by anyone of us irregardless of title. Also, just as conspicuously absent from the constitution as with any reference to congress regulating the vice-president is anything mentioning that the vice-president is above the law and immune to it.

[bamacrat]

80. How?

I mean seriously someone has to stop him, first he's in his own branch of gov't, apparently the Vice Executive branch that is immune to all forms of law and even the Constitution. Fuck Congress right,? their most important task mandated to them by the Constitution, checks and balances of the executive branch, has been forgotten. Or better yet ignored, Bouche's administration has had a blind eye turned to all things it does, says or wishes. When will the people, all 290,000,000 of us stand up and say stop? (I say 290 because I subtracted the uber connected non governmental/rich people. )The election? What when McStain is "elected", no that will just begin the end of any hope to get the country we knew back. If Obama is elected I think we will see real positive change, not only in international perception but in morale, I really think it will boost people confidence because of his confidence. I love Bill, so by default I cannot truly dislike Hillrod, I think she would be a great president, just not now, we don't need someone whose main line is I know how to play the game that has fucked us up so. She would have been a great president if we were ridding off the wave of a wonderful 8 Gore years, just keep it rolling, but we're not. We need someone who says no to the games and wants to change the way things are done, thats why I like Obama.


:rant:


Sorry for straying from topic, kinda related though, just got going.