Fascinating.
Byron York has a piece up at NRO examining a little-scrutinized Executive Order 13292, dated March 25, 2003, while the Niger-Wilson-Plame story was bubbling away out of public view.
Byron has the precise details. But the gist is that the president delegated what would appear to be all his powers to classify information. That in itself is a stunning aggrandizement of power for the vice president, who historically (and constitutionally) has very little de jure power. And given his penchant for government secrecy, it’s little surprise that Cheney would press to have such power.
But most of the discussion about this turns on the power to declassify. (Indeed, in the key passage in Cheney’s interview with Brit Hume yesterday, he makes the connection.) It would make sense to me if, in the administrative or statute law, the power to classify assumes or equates to the power to declassify as well. But the executive order Byron notes doesn’t speak specifically of the power to declassify.
Anyone have any more details or information relevant to this?
Late Update: Here is the full text of the executive order.
