I had not checked on Weinstein’s status last night before logging off; he resigned December 1st last year, leaving the deputy archivist as acting archivist in the mean time.

What do we know about the deputy/acting archivist, Adrienne Thomas? Is she a “left-behind”?

FAS has a CRS analysis of Presidential Records Issues, dd. February 17, 2009; I’m in the middle of reading it right now. On the face of it, it looks as if Obama’s EO 13489 may have made an effective end run on the previous Bush EO 13233, but I’m not certain what powers Cheney has constitutionally as former VP over any records. This could be one of the Easter eggs.

There was a companion Senate bill to HR 35, a bill modifying the Presidential Records Act to prevent another abusive EO like 13233. HR 35 passed the House, but I don’t know status of the Senate bill and suspect it’s still stuck in the Senate Committee on Homeland Security and Governmental Affairs…

And that’s the second Easter egg: remember who’s chair of that Committee?

Without a lot more reading and analysis, it looks like we must now depend on:
– the acting archivist to do the right thing (and not be a left-behind);
– no suit by Cheney related to PRA which might interfere with the release of the CIA dox;
– decision by the current White House and the CIA that the content of the records requested by Cheney are not sensitive and merit declassification;
– should EO 13489 become a bone of contention to the release of the CIA dox, Droopy Drawers Lieberman must be relied upon to do the right thing with the Senate’s companion bill to H.R. 35.

[sigh] plus ça change, plus c’est la même chose.

After reading this much about the potential barriers to seeing Cheney’s requested dox, I wonder if a timeline is appropriate; Weinstein conveniently exits the same week Cheney files a motion to CREW’s September 2008 suit for the VP records. The suit continues; court rules on January 19th, CREW loses access to records, but Cheney must maintain them per the PRA. Why didn’t Weinstein choke it out to January 21?

the villagers are getting that “Deer Caught In The Headlights” look about them, lately

remember when prosecution was “Off The Table” ???

that didn’t last long

the villagers tried to protect tricky dick nixon too

DRIP DRIP DRIP

it don’t work

joe the aint-no-plumber can’t stop the leaks

even if the repuglitards stuff “joe” down cheney’s throat

Vice-Presidential records shall be subject to the provisions of this chapter in the same manner as Presidential records. The duties and responsibilities of the Vice President, with respect to Vice-Presidential records, shall be the same as the duties and responsibilities of the President under this chapter with respect to Presidential records. The authority of the Archivist with respect to Vice-Presidential records shall be the same as the authority of the Archivist under this chapter with respect to Presidential records, except that the Archivist may, when the Archivist determines that it is in the public interest, enter into an agreement for the deposit of Vice-Presidential records in a non-Federal archival depository. Nothing in this chapter shall be construed to authorize the establishment of separate archival depositories for such Vice-Presidential records.

I’m really wondering if the Archivist (Wainstein) found it “in the public interest” to allow “deposit of Vice-Presidential records in a non-Federal archival depository.” Like Cheney’s new house’s living room.

Declassification by the Archivist appears to be governed by Executive Order 12958 on Classified National Security Information (1995). I find this a little odd, though. You’ll remember that Cheney spent a lot of time arguing he was not part of the Executive Branch. Yet EO 12958 only prescribes how PRESIDENTIAL records can be declassified. No mention of how OVP’s records can be declassified.

EO 12958, Sec 3(6)

… However, the Archivist shall have the authority to review, downgrade, and declassify information of former Presidents under the control of the Archivist pursuant to sections 2107, 2111, 2111 note, or 2203 of title 44, United States Code. Review procedures developed by the Archivist shall provide for consultation with agencies having primary subject matter interest and shall be consistent with the provisions of applicable laws or lawful agreements that pertain to the respective Presidential papers or records. Agencies with primary subject matter interest shall be notified promptly of the Archivist’s decision. Any final decision by the Archivist may be appealed by the requester or an agency to the Interagency Security Classification Appeals Panel. The information shall remain classified pending a prompt decision on the appeal.

No mention of Vice Presidential Records… Just what is Dick playing at? As a bureaucratic warrior, he should know this.

Contacting the National Archives to declassify files held by the CIA? That’s a little bizarre.

I think we need to assume that whatever documents Dick is asking for, he purposely placed in the hands of the National Archives, separately, in the OVP subject matter file. So he could retrieve them later.

I’m sure he has copies of the documents in his purpose built mansion a stone’s throw away from the Agency in McLean, but to be able to credibly cite them he must get them declassified.

It’s all about the documents with you, ain’t it Dick?

Do you have a man-sized safe in your house in addition to that elevator?

Those who practice terror seem not to notice that such actions can breed desperate killing as the only recourse…from those and their allies who see themselves as “cornered”.

Terror can be used deliberately to provoke “false flag” attacks that that try to focus retaliation onto wrong targets [attacks by “Huks” who were not Huks in Philippines; atacks by “Poles” who were not Poles as ruse to invade Poland, etc].

Prez B and VPrez C practice it as The Inquisition [which IMO led directly to our Constitution’s 5th Amendment…to preclude terror as a method to force confession]. How else to defang a guaranteed confess-tool?

And just what power does he have to do that now he is a private citizen?

Bob in HI

It really is like getting the news a day early.

Not so say that such documents don’t exist. I think they are presently residing in the famous Man Sized Safe, but they have never been seen by the NSA or the CIA. They’ll get shuffled in with some legitimate documents, and who’s to say “Hey! I’ve never seen this one! It’s a forgery!” when the info was severely compartmentalized.