Rather than arguing that the vice president, as president of the Senate, is exempt from coverage, I would have argued that this is a purely internal executive branch issue. Therefore, who cares what Dick Durbin, Rahm Emanuel or the Democrat front group CREW have to say about it.Levin doesn't quite admit that Cheney's theory is absurd, but he does sensibly suggest that it's not exactly a winning argument. Meanwhile, the Weekly Standard's Bill Kristol, after offering a desultory defense of Cheney on the grounds that oversight is "a pain in the neck," also decided that discretion was the better part of valor. After Juan Williams pushed back, all Kristol could offer was a defeated shrug.
When you don't even have Mark Levin and Bill Kristol on your side, it's time to give it up. Maybe noted constitutional scholar Ann Coulter will find a way to defend Cheney, but it looks like that's about it.