Congressman: Cheney challenges classified oversight

WASHINGTON(CNN) — Vice President Dick Cheney’s office refused to cooperate withan agency that oversees classified documents, then tried to abolish theoffice when it challenged the actions, House oversight committeeChairman Henry Waxman said.

The National Archives’ InformationSecurity Oversight Office is charged by presidential order withensuring that classified information and documents are properly handledby executive branch agencies.

According to a letter from WilliamLeonard, director of the oversight office, Cheney’s office argued itdid not meet the definition of an executive branch agency and thereforewas exempt.

Leonard also wrote that Cheney’s office suggested hisagency be abolished under a revision of the presidential order nowunder consideration. (Watch how Cheney’s office defines its role)

“I question both the legality and wisdom of your actions,” Waxman, D-California, wrote in a letter Thursday to Cheney.

“Yourdecision to exempt your office from the president’s order isproblematic because it could place national security at risk,” wroteWaxman, chairman of the House Oversight and Government Reform Committee.

Cheney’s office would neither confirm nor deny it tried to abolish the Information Security Oversight Office.

“Weare confident that we are conducting the office properly under thelaw,” said Megan McGinn, deputy press secretary for Cheney, when askedabout the Waxman letter.

The executive order — intended tomaintain the integrity of classified documents — was established byPresident Clinton and revised by President Bush in 2003.

The 2003version directed the Information Security Oversight Office to oversee aprogram of education and supervision of classified document protectionand maintenance. According to Waxman, the office has worked withdifferent White House groups, including the National Security Council.

Butwhen the National Archives’ office attempted to visit Cheney’s team in2004, it was prevented from doing so by Cheney’s staff, Waxman wrote inthe letter. The office had complied with the order in 2001 and 2002 butstarted refusing to do so in 2003.

In 2006, Leonard wrote toCheney’s chief of staff, David Addington, to contest the office’srefusal to comply and was told that the vice president’s office “doesnot believe it is included in the definition of ‘agency’ as set forthin the order,” nor is it an “entity within the executive branch thatcomes into the possession of classified information,” according toletters released Thursday by Waxman’s committee.

In a letter toAttorney General Alberto Gonzales requesting intervention on thematter, Leonard questioned the rationale presented by the vicepresident’s office.

“If the [office of the vice president] is notconsidered an entity within the executive branch, I am concerned thatit could impede access to classified information by the OVP staff, inthat such access would be considered a disclosure outside the executivebranch,” Leonard wrote in January.

Justice Department spokesman Erik Ablin said the department had received the letter and that matter is under review.

The vice president’s office has been criticized for being secretive before.

Lastmonth, it was revealed that the administration was withholding visitorlogs to Cheney’s residence. The administration says the secrecy isneeded so Cheney can get candid advice from visitors.

In 2001, the office refused to divulge the names of energy executives who had consulted with Cheney on U.S. energy policy.

The decision was challenged and upheld by the courts. The U.S. Supreme Court referred the case back to a lower court.

CNN’s Adam Levine and Suzanne Malveaux contributed to this report

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