http://www.spiegel.de/international/0,1518,402588,00.html

SPIEGEL ONLINE
February 23, 2006

Opinion

Cheney's Coup

By Sidney Blumenthal

A three-year-old executive order that vastly expanded
his powers illuminates how the vice president and his
minions led us into war.

President Bush and Vice President Dick Cheney arrive in
the East Room of the White House.

President Bush and Vice President Dick Cheney arrive in
the East Room of the White House. After shooting Austin
lawyer Harry Whittington, Dick Cheney's immediate
impulse was to control the intelligence. Rather than
call the president directly, he ordered an aide to
inform White House Chief of Staff Andrew Card that
there had been an accident but not that Cheney was its
cause. Then a host of surrogates attacked the victim
for not steering clear of Cheney when he was firing.
Cheney attempted to defuse the subsequent furor by
giving an interview to friendly Fox News. His most
revealing answer came in response to a question about
something other than the hunting accident. Cheney was
asked about court papers filed by his former chief of
staff, I. Lewis "Scooter" Libby, indicted for perjury
and obstruction of justice in the investigation of the
leaking of the identity of an undercover CIA operative,
Valerie Plame. (She is the wife of former ambassador
Joseph Wilson, a critic of disinformation used to
justify the invasion of Iraq.) In those papers, Libby
laid out a line of defense that he had leaked
classified material at the behest of "his superiors"
(to wit, Cheney). Libby detailed that he was authorized
to disclose to members of the press classified sections
of the prewar National Intelligence Estimate on Saddam
Hussein's weapons of mass destruction. (The NIE was
exposed as wrongly asserting that Saddam possessed WMD
and was constructing nuclear weapons.) Indeed, Cheney
explained, he has the power to declassify intelligence.
"There is an executive order to that effect," he said.
Had he ever done that "unilaterally"? "I don't want to
get into that."

On March 25, 2003, President Bush signed Executive
Order 13292, a hitherto little known document that
grants the greatest expansion of the power of the vice
president in American history. The order gives the vice
president the same ability to classify intelligence as
the president. By controlling classification, the vice
president can in effect control intelligence and,
through that, foreign policy.

Bush operates on the radical notion of the "unitary
executive," that the president has inherent and
limitless powers in his role as commander in chief,
above the system of checks and balances. By his
extraordinary order, he elevated Cheney to his level,
an acknowledgment that the vice president was already
the de facto executive in national security. Never
before has any president diminished and divided his
power in this manner. Now the unitary executive
inherently includes the unitary vice president.

The unprecedented executive order bears the earmarks of
Cheney's former counsel and current chief of staff,
David Addington. Addington has been the closest
assistant to Cheney through three decades, since Cheney
served in the House of Representatives in the 1980s.
Inside the executive branch, far and wide, Addington
acts as Cheney's vicar, bullying and sarcastic,
inspiring fear and obedience. Few documents of concern
to the vice president, even executive orders, reach the
eyes of the president without passing first through
Addington's agile hands.

To advance their scenario for the Iraq war, Cheney &
Co. either pressured or dismissed the intelligence
community when it presented contrary analysis. Paul
Pillar, the former CIA national intelligence officer
for the Near East and South Asia, writes in the new
issue of Foreign Affairs, "The administration used
intelligence not to inform decision-making, but to
justify a decision already made."

On domestic spying conducted without legal approval of
the Foreign Intelligence Surveillance Court, Addington
and his minions isolated and crushed internal dissent
from James Comey, then deputy attorney general, and
Jack Goldsmith, then head of the Justice Department's
Office of Legal Counsel.

On torture policy, as reported by the New Yorker this
week, Alberto Mora, recently retired as general counsel
to the U.S. Navy, opposed the Bush administration's
abrogation of the Geneva Conventions -- by holding
thousands of detainees in secret camps without due
process and using abusive interrogation techniques --
based on legal doctrines Mora called "unlawful" and
"dangerous." Addington et al. told him the policies
were being ended while continuing to pursue them on a
separate track. "To preserve flexibility, they were
willing to throw away our values," Mora said.

The first vice president, John Adams, called his
position "the most insignificant office ever the
invention of man contrived or his imagination
conceived." John Nance Garner, Franklin D. Roosevelt's
first vice president, said it was not worth "a warm
bucket of spit." When Dick Cheney was secretary of
defense under the first President Bush, he reprimanded
Vice President Dan Quayle for asserting power he did
not possess by calling a meeting of the National
Security Council when the elder Bush was abroad. Cheney
well knew the vice president had no authority in the
chain of command.

Since the coup d'état of Executive Order 13292,
however, the vice presidency has been transformed.
Perhaps, for a blinding moment, Cheney imagined he
might classify his shooting party top secret.

______

Sidney Blumenthal, a former assistant and senior
advisor to President Clinton and the author of "The
Clinton Wars," is writing a column for Salon and the
Guardian of London.
_______________________________________________________

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