WASHINGTON, Aug. 21, 2007

Cheney: I Won't Let You See My Documents

VP Says He Has Papers Key To Wiretap Probe But May Continue To Ignore Congressional Subpoena

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    The debate over the Bush administration's controversial wiretapping program.

(CBS/AP)  Vice President Dick Cheney's office acknowledged it has documents that "may be responsive" to an investigation into a secret eavesdropping program, although it indicated it would not turn over the papers without a fight.

Lawyers speaking on behalf of both President Bush and Cheney asked the Senate Judiciary Committee Monday for more time to respond to subpoenas involving a wiretapping program that Democrats in Congress have harshly questioned.

In a letter to committee Chairman Patrick Leahy, Cheney's counsel Shannen W. Coffin, reported that the vice president's office had identified more than 40 "Top Secret/Codeword Presidential Authorizations" and memoranda from the Justice Department that may respond to the subpoena.

Coffin wrote that "the issuance of the subpoena to this office was procedurally irregular," saying the Judiciary Committee was only authorized to issue subpoenas to the Executive Office of the President (EOP) and the Justice Department.

Leahy seemed miffed that Cheney's office did not acknowledge that they fell within the purview of the Committee's investigation. Of their claims that the Vice President's office is not part of the EOP, Leahy said, "That is wrong. Both the United States Code and even the White House’s own Web site say so — at least it did as recently as this morning."

The documents cited in the letter spanned a time frame from Oct. 4, 2001 — not long after the Sept. 11 terror attacks — to Dec. 8, 2006.

"We continue our efforts to identify further documents that may be responsive to the subpoena and renew the request made in our letter of Aug. 10, 2007 for an extension of time," Coffin wrote.

Cheney's counsel, however, did not indicate whether the vice president's office was willing to hand the documents without a struggle. The letter did indicate that Cheney would follow the lead of the president if Mr. Bush decided to assert executive privilege in refusing to turn over documents.

Leahy threatened to hold key officials in contempt for not producing subpoenaed information about the legal justification for the eavesdropping program.

"When the Senate comes back in the session, I'll bring it up before the committee," the Vermont Democrat said. "I prefer cooperation to contempt. Right now, there's no question that they are in contempt of the valid order of the Congress."

Leahy's committee on June 27 subpoenaed the Justice Department, National Security Council and the offices of the president and vice president for documents relating to the National Security Agency's legal justification for the wiretapping program.

White House lawyer Fred Fielding, in a separate letter to Leahy, said the administration needed more time.

"A core set of highly sensitive national security and related documents we have so far identified are potentially subject to claims of executive privilege and that a more complete collection and review of all materials responsive to the subpoenas will require additional time," Fielding said.

Congress, before it left for its August recess, approved an update to the 1978 Foreign Intelligence Surveillance Act, allowing the government to eavesdrop on terror suspects overseas without first getting a court warrant.

The overhaul was the result of a recent Foreign Intelligence Surveillance Court ruling that banned eavesdropping on foreigners when their messages were routed though communications carriers based in the United States.

The provisions expire after six months, but the White House wants them made permanent.

"For Congress to legislate effectively in this area, it has to have full information about the executive branch's interpretations of FISA," Leahy said. "We cannot, and certainly, we should not legislate in the dark, where the administration hides behind a fictitious veil of secrecy."

© MMVII, CBS Interactive Inc. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed. The Associated Press contributed to this report.
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Add a Comment See all 166 Comments
by rickerogers1 August 24, 2007 4:44 AM EDT
Most domestic spying has been outsourced to England, Germany and other countries. What the President and Co. want to hide about their domestic activities is nothing but the tip of the iceberg!
Reply to this comment
by abbe91 August 23, 2007 12:03 PM EDT
http://www.toostupidtobepresident.com
Posted by red164 at 02:20 PM : Aug 22, 2007

Great web site ... thanks.
Reply to this comment
by citizenusa-2009 August 22, 2007 7:23 PM EDT
Tito: Chilliing! It''s a shame that the majority of Americans follow the antics of the contestants on American Idol more closely than they do our own dictator. Speaking of that, if they allowed a phone vote on impeachment, how do you think that would turn out?
Reply to this comment
by titoplenty August 22, 2007 6:54 PM EDT
I remember this horrible movie i saw once CitUSA. In the movie a corrupt and less than intelligent Leader of a country invaded another country for oil. He claimed victory and stood among "his people" even as his nations soldiers continued to die in droves. When the public and world at large wanted to review his information , documents and communications, he refused saying that the laws which were being used against him were in-fact not applicable to him but were to everyone else. It was one lie and delay and scandal after another. I think it ended with regime change and the people cheered.

I think it was about Saddam....wasn''t it?
Reply to this comment
by mudrose-2009 August 22, 2007 6:49 PM EDT
Posted by mudrose at 03:06 PM : Aug 22, 2007

mudrose, why are you on the don''''t fly list?
Posted by red164

Because CAIR thinks I''m a terrorist.
Reply to this comment
by flreason August 22, 2007 6:46 PM EDT
red164: 11 Reasons--Thanks for the laugh!!! If you came up with those, you should be writing for the Daily Show or Letterman.]

Just wish they weren''t so true.
Reply to this comment
by citizenusa-2009 August 22, 2007 6:22 PM EDT
The book written by John W. Dean BEFORE the SECOND Bush election is called WORSE THAN WATERGATE..THE SECRET PRESIDENCY OF GEORGE W. BUSH. On page 18 and 19, Dean predicted that Bush and Cheney will seek to make THEIR OFFICE EXEMPT FROM THE FREEDOM OF INFORMATION ACT that Clinton so strongly supported! Look at today''s headlines! This book was written in 2003 folks!!! The Freedom of Information Act applies to EVERYONE IN THE U.S.! How can these two thugs seek to make themselves exempt from this???
Reply to this comment
by red164 August 22, 2007 6:14 PM EDT
Posted by mudrose at 03:06 PM : Aug 22, 2007

mudrose, why are you on the don''t fly list?
Reply to this comment
by mudrose-2009 August 22, 2007 6:06 PM EDT
Let them beg you. You keep telling them you will but you let them beg you until they''re blue in the face. This isn''t a parlimentary government here ya know. You''re not subject to the whim of the Congress. There are three co-equal branches of government. If they want it, let them beg.
Reply to this comment
by iceman_1960 August 22, 2007 5:56 PM EDT
"Cheney: I Won''t Let You See My Documents"

Can''t Congress learn their contents through warrantless surveillance ?

We are in a War on Terror, and for all we know, D*ick Cheney may be an al Qaeda operative planted in this administration by Osama bin Laden himself.

We can''t let Cheney''s secrets become known via a Mushroom Cloud over an American city.
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