WASHINGTON, Sept. 20, 2008

Judge Orders Cheney To Preserve Records

Bush Administration's Legal Position "Heightens The Court's Concern" That Records May Not Be Kept, Says Judge

  • Vice President Dick Cheney, speaks at the 50th anniversary celebrations of the Defense Advanced Research Projects Agency, April 10, 2008, in Washington.

    Vice President Dick Cheney, speaks at the 50th anniversary celebrations of the Defense Advanced Research Projects Agency, April 10, 2008, in Washington.  (AP Photo/Manuel Balce Ceneta)

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(AP)  A federal judge on Saturday ordered Dick Cheney to preserve a wide range of the records from his time as vice president.

The decision by U.S. District Judge Colleen Kollar-Kotelly is a setback for the Bush administration in its effort to promote a narrow definition of materials that must be safeguarded under by the Presidential Records Act.

The Bush administration's legal position "heightens the court's concern" that some records may not be preserved, said the judge.

A private group, Citizens for Responsibility and Ethics in Washington, is suing Cheney and the Executive Office of the President in an effort to ensure that no presidential records are destroyed or handled in a way that makes them unavailable to the public.

In a 22-page opinion, the judge revealed that in recent days, lawyers for the Bush administration balked at a proposed agreement between the two sides on how to proceed with the case.

Cheney and the other defendants in the case "were only willing to agree to a preservation order that tracked their narrowed interpretation" of the Presidential Records Act, wrote Kollar-Kotelly.

The administration, said the judge, wanted any court order on what records are at issue in the suit to cover only the office of the vice president, not Cheney or the other defendants in the lawsuit. The other defendants include the National Archives and the archivist of the United States.

In response to the ruling, Cheney spokesman James R. Hennigan said that "we will not have any comment on pending litigation."

The lawsuit stems from Cheney's position that his office is not part of the executive branch of government.

This summer, Cheney chief of staff David Addington told Congress the vice president belongs to neither the executive nor legislative branch of government, but rather is attached by the Constitution to Congress. The vice president presides over the Senate.

The lawsuit alleges that the Bush administration's actions over the past 7 1/2 years raise questions over whether the White House will turn over records created by Cheney and his staff to the National Archives in January.

In 2003, Cheney asserted that the office of the vice president is not an entity within the executive branch.

Two historians and three groups of historians and archivists joined CREW in filing the suit two weeks ago.

© MMVIII The Associated Press. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed.
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by shameonbush September 23, 2008 6:52 AM EDT
A judge ordered *** Cheney to preserve records? In case the judges haven''t noticed, the Bush regime doesn''t care what they "order," they feel they are above all laws. Haven''t you noticed? VOTE DEMOCRAT.
Reply to this comment
by stn_sage September 22, 2008 3:07 AM EDT
They are flipping all Americans the bird, and yet 40+% of americans are still going to vote for them. unbelievable stupidity.

Posted by stratmaster2
-----------------

I agree completely. ...

Posted by tapsettle at 08:50 PM : Sep 21, 2008
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ME, TOO! The saddest part of it is, of this 40%, a large part of it are poorer Whites whose lives are being destroyed by the very people they are voting FOR!

If this was Hitler''s Germany, they''d be a group comparable to Jews for Hitler! Go figure! Ignorance is bliss!
Reply to this comment
by stn_sage September 22, 2008 2:56 AM EDT
And WHAT by chance is Michael Mukasey doing these days, while Cheney''s breaking records laws and Bush is trying to destroy the economy to tie Obama''s and Congress''s hands for the next eight (8) fiscal years?!

Is he out playing golf? Or is he bedded down with some young tart?! WAKE UP, Mukasey! GET INVOLVED! Start doing your d@mn job!

Your main concern is protecting the PUBLIC and the NATION! It is NOT---I repeat NOT---to protect George Bush or Richard Cheney! No individual or two individuals are MORE important THAN a whole NATION!

You''re an educated man, I would have expected you to know that! WHAT are you doing to bring these two crooks to justice?! Uh-HUH. I thought so!

I both suggest and request that you tender your resignation! It''s obvious you won''t do your job and the times demand it be done! So, get out.
Reply to this comment
by formrusmcsgt September 22, 2008 2:18 AM EDT
An honorable man does not have to be ordered to obey the law......he does so willingly.
Reply to this comment
by peeinpants September 22, 2008 2:17 AM EDT
Cheney does a fair imitation of Elvis with the curled lip and all, but that doesn''t make him Elvis. Elvis was a great American. Cheney''s not up to par with Beavis or Butthead. Oops, I might be wrong, he may be Butthead. He sure acts like one. Oops, wrong again, he is a Butthead. And guess what, Bush picked him, and 50% of American''s twice voted for him. Figure that one out! A dog curling his lip like that at me would alert me to the fact that he is up to no good, but not Cheney. He was only doing Elvis!
Reply to this comment
by bm6005 September 22, 2008 1:58 AM EDT
We''ll need them for the trial. Fair, quick and with a merciful hanging afterwards!!!
Reply to this comment
by pastdue1 September 22, 2008 12:57 AM EDT
Posted by Tawpdawg111 at 08:24 PM : Sep 21, 2008

It does. The McCain campaign is making sure that the American public does not vett her either.
Reply to this comment
by apprxam September 22, 2008 12:25 AM EDT
Cheney will probably have a heart attack the day after leaving office; joining Ken Lay to that private compound on the coast of Spain. He''s probably having a ***-Attack now laughing at the the way no-da-mn body can touch him.
Reply to this comment
by apprxam September 22, 2008 12:20 AM EDT
What papers?

Prick Cheney could go on national television tomorrow night, burn every piece of paper in question and won''t a da-mn thing be done about it. This judge is fooling himself and everyone else if he thinks admonishsions mean a hill of rot beans to the RePugNaCons.
Reply to this comment
by tapsettle September 21, 2008 11:50 PM EDT
They are flipping all Americans the bird, and yet 40+% of americans are still going to vote for them. unbelievable stupidity.
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Posted by stratmaster2

I agree completely. Unfortunately every democracy (no matter how flawed) generally reflects the aspirations, desires and ethics of the broader population when they elect their leaders. This speaks volumes as to how american society has changed over the last few decades. Most outside observeres see a significant change for the worse over the last 10 years.
Reply to this comment
by tawpdawg111 September 21, 2008 11:24 PM EDT
The fact that McCain camp fought to restrict the VP debate with Palin speaks volumes....does it not?
Reply to this comment
by brainteaser2 September 21, 2008 10:30 PM EDT
What records? Hows that for a Cheney response.
Reply to this comment
by Stratmaster7 September 21, 2008 10:13 PM EDT
This is the GOP. Break the law, then refuse to follow the laws requiring you to provide information or testify. It happened for 8 years with Bush-Cheney, and it is already happening with McCain-Palin.

They are flipping all Americans the bird, and yet 40+% of americans are still going to vote for them. unbelievable stupidity.
Reply to this comment
by messiahx4eve September 21, 2008 9:42 PM EDT
Imagine him getting bit by a rattlesnake; the snake would die or getting a blood transfusion from him and you wind up getting AIDS or cancer? That is the image people get when they think of YOU, PRICK cheney. You reek of death & destruction, your words have the caress of maggots on rotted flesh. Your soul was sold & shredded long ago for what? Tell us at least ONE truth in your pathetic life?
Reply to this comment
by ubrew12 September 21, 2008 8:44 PM EDT
Article: "the Bush administration... promote[d] a narrow definition of materials that must be safeguarded under by the Presidential Records Act. "

Cheney: ''what business is it to the public HOW I do the publics business?'' These absolutely foreign crooks can''t be gone fast enough for me. They should be tossed out of the country, they are so profoundly unAmerican.
Reply to this comment
by amrt5016 September 21, 2008 8:30 PM EDT
People who recognize no rules shouldn''t be allowed into the game. Are we still a nation of laws? We need to revamp our political system. A start is to ban Republicans for life from public office.
Reply to this comment
by missingamerica September 21, 2008 5:08 PM EDT
Wish CREW et al had started earlier...

I''ve been saying for some time that the most interesting job in Washington come December 2008 is the meter reader who will see the massive surge in the gas, water, and electricity usage at the White House, the VP''s residence, etc. as all of the shredders, incinerators, and mulchers kick on.

Likewise, I feel safe in saying that Bush, Cheney, & PNAC, LLP''s entire document preservation/destruction cycle underwent a serious modification and reduction in cycle time when their ruse of using the RNC email system was discovered.

And the people never got to see those emails either, did they?

Might be interesting to watch the traffic of all natures in the area of Dupont circle.

Things that are moved to and/or take place in the embassy of another nation effectively do not exist and/or never happened - as far as "We the People" are concerned.

Don''t want to scare them, though..that might provoke fires of unknown origin.

A person could write a spy novel about this Administration, considering the things that they are known to have done, have been convicted of doing, should be suspected of having done, and should eventually convicted of doing.
Reply to this comment
by smurfcrusher September 21, 2008 5:01 PM EDT
So let me get this straight.... this crook claims he''s not part of the Executive Branch in order to evade his responsibility to retain records...(evidence),

And yet, he claims he gets the benefit of Executive Privilege!

How sad we will reveal his "evildoing" so late. They covered their tracks well... even using GOP email systems instead of the White House official email system (carefully archived and backed up).

Even Sarah Palin et al. have taken a lesson from THAT playbook.. using Yahoo mail accounts for official business.

One Yahoo deserves another.
Reply to this comment
by stn_sage September 21, 2008 4:59 PM EDT
All of the stories today are about Republican corruption and greed. The effect of the Republicans on America is the destruction of the qualify of life for millions. Now Cheney, one of the head crooks wants to hide the evidence.

Posted by BajaJohn1 at 01:40 PM : Sep 21, 2008
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Absolutely! And if we''re to have a country left, a few other judges ought to be stepping in to help out, too!

It''s absolutely criminal that these judges must act to ORDER alleged adult politicians TO DO THEIR JOBS!

In this case, it''s not only necessary, but an absolute REQUIREMENT!
Reply to this comment
by lemonskink September 21, 2008 3:54 PM EDT
Just like the missing emails that are no longer addressed, this corrupt and vile administration destroyed records linking them to everything from 9/11 to the manipulation of marketplace, price of oil, torture, illegal invasion of Iraq, oh so much more.
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