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January 27, 2002

Vice presidents, advice, and constitutional authority to hide records

By Ed Lewis

“Vice President Dick Cheney said Sunday he will not give congressional investigators a list of business leaders with whom he met while formulating the administration’s energy policy.  He said such a list would harm his ability to receive advice in the future.”  (The Associated Press, January 27, 2002)

And – 

“You just cannot accept that proposition without putting a chill over the ability of the president and vice president to receive unvarnished advice.”

As if this isn’t enough to point out his ignorance of the Constitution and presidential/VP constitutional authority, he also said:

“The GAO (General Accounting Office) is a ‘creature of Congress’ whose authority does not extend to the White House.  I’m a constitutional officer, and the authority of the GAO does not extend in that case to my office.”

And, to further the spin to disinform the people:

“What’s re-energized it now is the question of Enron and some efforts by some of my Democratic friends on the Hill to try to create a political issue out of what’s really a corporate issue.”  (Made on ABC’s “This Week”)

Some people might believe these to be intelligent statements from a knowledgeable person (created entity).  But others – knowledgeable of how corruption is muddied over by the “Potomac two-step” –consider such statements to be made by a person intending to spew out tons of disinformation as the dance around the truth continues. 

It is clear to the informed that people such as Cheney assume authority they do not have after being placed in offices of government.  It also becomes painfully clearer by the day that many of these people are not suited for offices, that they need to return to the private sector, and then be prohibited from any dealings with governing and those in government.  You see, they either cannot read and understand the written word – the Constitution – or they choose to ignore it.  Either reason bodes NOT well for liberty and justice, the purposes of government.

First, let’s examine this statement by Cheney:  

“I’m a constitutional officer, and the authority of the GAO does not extend in that case to my office.”

This statement by Cheney tells us he has no comprehension of the structure of the government created by the Constitution.  He does not understand that in the three-branch system of government that the following establishes checks and balances within government:

(1)   the Congress oversees the Judicial and Executive Branches;

(2)   the Judicial oversees the Legislative and Executive Branches;

(3)   the Executive oversees the Legislative and Judicial Branches.

Thus, contrary to Cheney’s belief, the Legislative and Judicial Branches would be derelict in their duties and subject to impeachment or other actions if they did NOT confront the Executive Branch potential wrong doings.  Furthermore, if unconstitutional or potential criminal actions did not cease, then Congress or the Judicial – and private citizens – are bound not only by the law of the Constitution to begin impeachment proceedings against the offenders, but also by administrative law.   They could cause themselves to be guilty of Title 18 violations, including Misprision of Felony.

Additionally, Cheney does not understand that the Executive Office hasn’t any legislative powers (Article I, Section 1) or power to originate revenue spending (Article I, Section 7, Clause 1) at all.  The Constitution lets a President merely make suggestions as to laws or policies Congress may make in carrying out its specified duties.   

The Vice President has even less power than his boss.  The only specified duties of the Vice President are: 

(1)   to take over the President’s duties in case of the removal of a President by death or other causes (Article II, Section 1, Clause 6);

And –

(2) he shall be the President of the Senate but will not have a vote unless the Senate is equally divided on some matter requiring a vote. (Article I, Section 3, Clause 4)

In addition, it is the duty of the Vice President to stop treason when it is clear the President is violating the Constitution.  This is via his oath of office.  If he does not – and the treason continues – then he is potentially guilty of several violations of law and is himself impeachable.

Cheney also appears to fail to understand that he is NOT immune to being accused of criminal actions.  (Article I, Section 3, Clause 7)  Members of Congress on the way to or from session and while Congress is in session are the only government entities immune from arrest, except in cases of “…Treason, Felony and Breach of the Peace”.  (Article I, Section 6, Clause 1)  Thus, even they may be accused and prosecuted just like any other private citizen.  Maybe this is why they like staying in Washington as much as possible. 

The Vice-President’s authority is limited to the above.  Cheney, however, seems to believe he – along with the White House occupant – has authority not given to the Congress or the Judicial.  His statement –  “… without putting a chill over the ability of the president and vice president to receive unvarnished advice.” – exposed his true colors. 

Just what advice is he talking about?  Is it advice leading to advising the President on a matter that then must be taken up with Congress as specified in the Constitution?  Or, is it advice on taking actions outside the authority placed on the Executive Office?  Is it advice that will lead to beneficiary results for those giving the advice?  I.e., will it produce income for the advisers and assure future contributions for the political party or perks for the individual (such as Cheney)?  Or, is the intent of the advice to assure the Constitution is upheld?

It doesn’t take a math genius to add up 2 plus 2 here.  If there isn’t anything being talked about that would incriminate Bush, Cheney, and many others in high government offices to wrong doings with – and to benefit Enron and let’s say their own purses – then there isn’t anything to hide.  Isn’t that what they say about unconstitutional actions against citizens – “Well, if you don’t have anything to hide, why should you worry about a spot check on the highways or that we monitor your phone calls, mail, banking practices, Internet communiqués, and so on?”

Guess what I am asking is why should “on the up-and-up” advice be given in secret meetings.  Why shouldn’t advice-giving meetings be openly televised?  If there is nothing to hide – if the advice is being given and taken so as to assure constitutional actions and not for mutual beneficially reasons – then what is the problem with taping and recording such sessions?  Why aren’t the sessions made available to the public 24 hours a day over the Internet or on a special channel on television. 

Heck, why isn’t the public invited for feedback?  This is our country, not the government’s.  The Internet sure opens up the potential for great public involvement.  Besides, secrecy most often is indicative of hidden agendas – conspiracies – while openness not only invites, but demands integrity.   

There are enough facts known now for a complete investigation.  For example, Cheney did meet with Enron officials.  Bush has been an Enron favorite for years.  Enron did contribute mightily to the Republican Party (millions compared to thousands for Democrats).  Enron has contributed to Bush campaigns for years.  It is likely Enron spear-headed getting the current president his former job as governor of Texas and then worked to place him in the White House.  Both Bush and Cheney have pushed for beneficial dealings for Enron and other energy sources that backed them. 

Just a note but only an idiot believes that enormous political contributions and perks given to officials by massive corporate interests are NOT intended to cause the politician to pass or remove legislation beneficial to the contributor.  It is, in other words, a system of bribery. 

Here is where we stand.  Cheney doesn’t want to release information.  His boss has made it clear he doesn’t either (EO 13233).  Thus, both are afraid of what will out – or so it seems.  Both indicate they know they and former presidents – particularly Daddy NWO Bush – have committed acts against the American people that are causes for impeachment and prosecutable as criminal acts.  Among these would be many SEC violations and illegal use of taxpayer dollars, including financing terrorist groups and using tax dollars to bail out failed Bush business interests.

This isn’t coming from Cheney’s “Democratic friends on the Hill”.  This is coming from an American who believes that the Executive office, along with many members of Congress and heads of departments of the federal government, have committed criminal acts during their long relations with Enron and other companies.  This American is sick and tired of being sick and tired of officials (both parties, by the way) getting away with acts that would cause a non-government citizen of this country to be locked up with the key essentially thrown away. 

This citizen also believes that every unconstitutional measure currently employed by the federal government – Bush’s so-called war against terrorism – also relates in part to Enron and other energy ties or companies associated with those ties.  He believes this is just part of what will be exposed if a proper and politically independent criminal investigation is conducted.

The Executive Branch hasn’t any power to deny the investigation of documents any more than you do when presented with a proper search warrant.  The Constitution doesn’t give this as a power or privilege so it does not exist.  Actions that are detriment to us and in favor of contributors are very much our business.  In other words, the devil with their normal excuse of “national security”, a catchall for any matter the feds do not want investigated.  Besides, national security is only the protection of the feds’ criminal and unconstitutional actions, not the security of the people of the 50 States.

Therefore, America, demand the truth.  If Bush, Cheney, and others are not guilty of any wrong doings, then they have nothing to fear from the truth.  Documentation they are refusing to produce would prove there aren’t any wrong doings.

Conversely, if they do have something – or many somethings – to hide, they will use all the forces at their disposal to stop any investigation, such as shredding paper and people, along with hiding the documentation that would expose the wrong doings.  The means of withholding information will not be constitutional but the people in government are so used to ignoring the Constitution – and the American people so used to allowing it – that they will likely get by with it.  The unlawful actions of the Bush/Cheney/US Government/ Enron coalition will be buried with dozens of other government cover-ups, including witnesses to the truth.

Watch and be enlightened, Folks, as to which it is.  Do not give any odds on the former in a bet, though, unless you like losing part of the property the government lets you now keep.

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