Publication: Progressive Review
No Authority Over The Vice President? | |
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THE PROGRESSIVE REVIEW - May 5, 2008
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Cheney Lawyer Claims Congress Has
No Authority Over Vice President
By Elana Schor
The Guardian UK
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 [congressional] committee's power of
inquiry".
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"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.
The exception claimed by Cheney's office recalls his
attempt last year to evade rules for classified documents
by deeming the vice-president's office a hybrid branch of
government - both executive and legislative.
The Democratic congressman who is investigating the legal
framework for the violent interrogation of terrorist
suspects, John Conyers, has asked Addington and several
other top Bush administration lawyers to testify. Thus
far all have claimed their deliberations are privileged.
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However, Philippe Sands QC, law professor at University
College, London, has agreed to appear in Washington and
discuss the revelations in Torture Team, his new book on
the consequences of the brutal tactics used at Guantanamo.
Excerpts from Torture Team were previewed exclusively by
the Guardian earlier this month.
Two witnesses sought by Conyers, former US attorney general
John Ashcroft and former US justice department lawyer John
Yoo, claimed that their involvement in civil lawsuits
related to harsh interrogations allows them to avoid
appearing before Congress.
In letters to attorneys representing Ashcroft and Yoo,
Conyers shot down their arguments and indicated he would
pursue subpoenas if their clients did not testify at his
May 6 hearing.
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"I am aware of no basis for the remarkable claim that
pending civil litigation somehow immunises an individual
from testifying before Congress," Conyers wrote.
Conyers, who chairs the House of Representatives judiciary
committee, also questioned the reasoning of Cheney's lawyer
in a letter to Addington.
"It is hard to know what aspect of the invitation [to you]
has given rise to concern that the committee might seek to
regulate the vice president's recommendations to the
president," Conyers wrote.
"Especially since far more obvious potential subjects of
legislation are plentiful," he added, mentioning several:
US laws on the use of torture on terrorist suspects, the
15-year-old War Crimes Act, and the rules that allowed
the Bush White House to receive legal advice from a
specialised office within the justice department.
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