Dick Cheney can't toss records, says court

Vice President Dick Cheney has a passion for secrecy.

He went to court to protect details about the role of energy executives in private meetings he led to develop the Bush administration's national energy strategy.

He went to Capitol Hill to argue for an exemption to a proposed ban on torture of terror suspects. He wanted to make sure the president had the flexibility to order water boarding or other horrific techniques to prevent a terrorist attack.

Now he's gone to court again to argue that a vice president need only preserve records central to his job as the official who presides over the U.S. Senate or relating to specific tasks assigned by the president. That would narrow the pile considerably.

Saturday, a judge from the U.S. District Court in D.C. rejected that idea, giving a first-round victory to a group of historians and others at Citizens for Responsibility and Ethics in Washington (CREW), who had sued him in court, concerned about their eventual access to the records.

In her ruling, Judge Colleen Kollar-Kotelly cast doubt on the vice president's argument, given that the Presidential Records Act was specifically amended to prevent former President Richard Nixon from destroying any of the tapes or documents that led to his resignation.

And here's the kicker: Any violation by the preliminary injunction is punishable by immediate contempt -- including the power to jail the offender.

-- Johanna Neuman

Photo: Alberto Pellaschiar/Associated Press

Comments

[Mike]

I agree that Bush/Cheney belong in jail for so many different reasons, but, ultimately, who put them in office? TWICE?

Ultimately I blame the people. I mean, if the people are dumb enough to continue electing these people (including everyone who thinks McCain is just great, too), don't they kinda deserve what they get?

[Rob]

Cheney deserves jail or worse but if the lowliest of lows - Sarah Palins husband can't be compelled to appear in the state legislator how can anyone think that King Cheney will be forced to do anything. The GOP doctrine now is to avoid evidence, avoid testifying, especially under oath and avoid anything that can used to show a chain of events leading up to the executive branch. Between Rove and Cheney they have figured out to lie about everything.

[pogo]

maybe the name of the Judge ought to be much much more memorable to you as the woman who oversaw the MS antitrust case-- she's not to be intimidated and not easily impressed by anyone

or maybe you forgot who she was

Final decision of Judge Colleen Kollar-Kotelly in United States of America v. Microsoft
http://www.stern.nyu.edu/networks/finaldecision.html

and she also sat on Lopez vs Mukasey
https://ecf.dcd.uscourts.gov/cgi-bin/Opinions.pl?2008#

She's still sitting on Microsoft, though...
and I really doubt if she was very impressed with Cheney's ability to shoot his friend in the face.

Microsoft initially thought that she would be easy to roll over, but found out quite differently in the end.

[PleaseChange]

This problems represents bad judgement (to say the least). It starts with the American people voting Bush, 2 times. Did we not know who tricky Dick the 2nd was. We didn't question Bush's judgement for bringing him onto the ticket and we didn't condemn Bush (by not voting him in for a second term) when it became clear that Cheney and his cronies were/are corrupt. They should both be tried for crimes against humanity. However, the Supreme Court was partly responsible for putting them in office, what court is going to put them in jail?

[tmac]

I believe that if the secret minutes of his energy meeting are ever published, it will show that the plans for the occupation of Iraq as political payback for the industry's support was a prime topic of discussion. Why else would a supposed meeting to map out an energy strategy for the American people be kept secret from them?

[stewart]

I have only three words to say...JAIL CHENEY NOW...he does not deserve rule of law...he's a dictator. He even knows that. So let's stop playing around...

[Gurmit Singh]

I came to USA on invitation from an IT company to work. I heard lot of good things about America i.e. No bribing, no corruption, politicians are honest and take care of their constituencies.

But what I see? Worse than my own country. Shaking my head in belief that how can Americans let the worst criminals of history easy?. Why they haven't impeached the duo?.

I am going back after spending 4 years here and wish the best to Americans.
Aggggggggggggggg

[ns]

It is very concerning that he would try to prevent documents from being made public. Obviously, the Dick is hiding something. I would hope that we do a full investigation into this to set an example for future presidents and vp's that quiet deals and unethical agendas at the expense of taxpayers are not going to be tolerated anymore.

[RM]

Let us not forget that there are document shredding/hiding/stealing incidents in both parties. How quickly we seem to have forgotten about Sandy Berger's misadventures within the National Archives. Bill Clinton's administration was just as secretive as Bush's. There are conspiracy theories to be entertained for all in politics.

[Florenzo]

Hey Dickaroo...go ahead shred the stuff. Test the waters of incarceration.

[captbilly]

The whole Bush administration should have been impeached years ago. I'm not looking for payback, I just want the Congress and the courts to set a legal percident so that future presidnets don't think that they have the powers that Bush has grabbed while in office. If we let this behavior go unpunished, the next President will assume that the multitude of laws that Bush and Cheny have broken were not enforcable in the first place. If we let our leaders break the law with impunity, should we be surprised that the rest of society fallow suit.

[Almost Angeleno]

Those of you who equate the level of secrecy of the Bush/Cheney administration with the Clinton/Gore years are desperately grasping at straws.

You cannot compare the billions (possibly future trillions) of dollars spent on an unnecessary invasion and war, over 4,000 American dead (and counting), not to mention the hundreds of thousands of innocent Iraqis killed, the U.S. economy reaching Third World status while robber barons and Wall Street tycoons reap the rewards, the shredding of our constitution, worldwide contempt for the U.S., gas prices skyrocketing to over 500% since 2000 while oil companies records record profit, etc., etc., etc.

And we must never forget that 9-11 HAPPENED ON BUSH'S WATCH. The intelligence report that Osama bin Laden was destined to strike within the U.S. WAS IGNORED by the Bush administration.

Can someone tell me what cataclysmic consequences were as a result of Clinton's "secrecy?"

[San Sebastian]

It is clear to me that this paper is a democratic hack board, and of course, the American people are stupid becuase they are about to elect a completely unqualified man to president and are deep enough to realize that Palin is more qualified for the office than Obama who has never lead anything a day in his life. The members of the house and senate will eat him for breakfast in his first month in office: change my glutious maximus.

[Cory]

How can any sane person read this and continue to support the Republican Party? When is enough, enough?

I have always wanted to know what happened in those meetings. So far, the American People know nothing about the discussions and decisions of those meetings. In fact, we are not allowed to know who was there.

Now this Vice President, who comes from the corporate energy world, wants us to trust his judement when using the office shredder. I don't think so.

Just think about the price at the pump when you are wondering about what happened in those meetings.

These thugs need punishment. However, their punishment is sadly unlikely.

If we can't punish, at least we can make sure that we don't have to live through another eight years of this financial rape and exploitation.

[vj]

Can you say Sandy Berger? Both parties do these kinds of things. Lets not forget that Cheney has not thrown anything away. He only intended to throw away those things that he thought were out of the scope of the records act, like other officials have done. This is being vetted through the system appropriately as it should, and then it will apply equally to Democrats as well as Republicans. Sometimes challenging the system is only done to force an official determination. Look how long it took to get the Supreme court to consider and rule on the second amendment.

Ladies and Gentlemen,

I'm a Canadian who spends his winters in your country as a grateful guest. I am very sympathetic to the mess your fine country is in. However you collectively gave power to these misfits TWICE. Now the carnival wheels out another sleezy pitchman who drags an attractive painted lady to the centre ring and the crowd rises to the bait AGAIN. You have an option; please use it. Pull the plug on these criminal clowns for the next 100 years.

[Rob]

This country has become so corrupt it is pathetic. I have been sitting here for 8 years watching the Republicans and their unconscious and morally bankrupt supporters ruin this country with their narcissistic, ethno-centric mentality.

It amazes me that after 8 years of disaster, the presidential race is so close. After squandering a 200 billion surplus and turning it into a 500 billion deficit, racking up a 9 Trillion national debt, bankrupting the financial system with failed policy, a war that has cost 1 trillion, 4100 American lives, 100,000 Iraqi lives, and 40,000 maimed and crippled Americans....that there is any debate. This is American stupidity.

It's not rocket science that the Republicans have ruined this country and it is continuing to go down the toilet. The Republican voters have no one but themselves to blame for losing their life savings and their homes in this latest financial debacle. Yet....44% of Americans are stupid and unconscious enough to vote for another Republican. It is truly amazing. America has earned what is coming to it.

[Rob]

yeah right...Countdown to Crawford. The country is in the toilet thanks to Bush and Cheney and while millions suffer with no jobs, losing their life savings, no health care, no homes, and a bankrupt country, Bush will go enjoy his millions and his secret service protection and his library. This guy deserves nothing. All Americans have to do to ensure the total destruction of the country is to elect another lying, corrupt Republican.

[Randy Becker]

Cheny and the whole Bush crime family should be indicted and imprisoned. Problem is, Bush will just give them a blanket pardon, similar to Bush 41 and the Iran-Contra crimes . What we need to do is indict him on State charges. Many contitutional law experts say that the presidental pardon is only for federal crimes(I believe it's Article 2,Section 2).

BTW, That's how we are going to get Karl Rowe (see Don Sieglemann case, Ex-Gov. of Alabama).

Randy

[ringo]

bush will get the free pass, but Cheney , rove, wolfowitz, rumsfeld must all go to jail in order for there to be justice for the las 8 years.

[dotty]

The comment:

Throw the man in jail now before he destroys those records, regardless of what anybody says. He thinks he's above the law. He needs to be shown he's not. It's time to set an example in this country.

Posted by: carl c

I burst out laughing when I read this. The picture leaves an odd fellow with a pitchfork and lantern running with a lynch mob.
If WIld Willy , though proven guilty was never brought to any justice for it, what possible outcome could these records show?
If the President has a stategy during war, then history will determine if it was a good or bad one.

greed greed greed greed has let our once greatly admired country in this great debaucle we are in. god bless america, hopefully.

[JR]

He'll just toss them anyway, the man has no regard for America or it's laws. Remember, he once said that "the Constitution is just a piece of paper". What are you going to do, neo-cons protect each other. Take it all the way to the Supreme Court, they're mostly neo-cons and will protect one of their own. America will never be rid of filth like Cheney as long as the GOP exists.

[Kipper]

So when does Dick Cheney listen to what judges have to say?
What is stopping him from disobeying the order and destroying the evidence as he has apeared to do before?
If contempt or obstruction charges are levied, he probably will seek to follow that path instead of being convicted of a felony.
Nobody messes with Dick Cheney.

[John Paul Telhomme]

A court order would have reduced an ordinary person to a sweating, nervous, trembling ball of jelo. This person has a heart of steel: he does not panic, look back, doubt himself, do touchy feely, kiss babies and all that sentimental stuff. How is a court order going to stop him? He has the personality of a Mafia Don.