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President claims oversight exemption

Bush says the security requirement does not apply to him or Cheney.

The Nation

June 23, 2007|Josh Meyer, Times Staff Writer

Those two offices have access to the most highly classified information, including intelligence on terrorists and unfriendly foreign countries.

Waxman and J. William Leonard, director of the Information Security Oversight Office, have argued that the order clearly applies to all executive branch agencies, including the offices of the vice president and the president.


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The White House disagrees, Fratto said.

"We don't dispute that the ISOO has a different opinion. But let's be very clear: This executive order was issued by the president, and he knows what his intentions were," Fratto said. "He is in compliance with his executive order."

Fratto conceded that the lengthy directive, technically an amendment to an existing executive order, did not specifically exempt the president's or vice president's offices. Instead, it refers to "agencies" as being subject to the requirements, which Fratto said did not include the two executive offices. "It does take a little bit of inference," Fratto said.

Steven Aftergood, director of the Federation of American Scientists' government secrecy project, disputed the White House explanation of the executive order.

He noted that the order defines "agency" as any executive agency, military department and "any other entity within the executive branch that comes into the possession of classified information" -- which, he said, includes Bush's and Cheney's offices.

Cheney's office drew criticism Thursday for claiming that it was exempt from the reporting requirements because the vice president's office is not fully within the executive branch. It cited his legislative role as president of the Senate when needed to break a tie.

At a Friday news conference, White House spokeswoman Dana Perino said constitutional scholars could debate that assertion.

But, she said, Cheney's office is exempt from the requirements because the president intended him to be.

Cheney's office did not comment Friday.

Several security experts said they were not aware that the president had exempted his own office from the oversight requirements.

But they said it fit what they saw as a pattern in the administration of avoiding accountability, even on matters of national security.

"If the president and the vice president don't take their own rules seriously, who else should?" said Tom Blanton, director of the National Security Archive, a nongovernmental research institute at George Washington University in Washington that lobbies for open government.

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