Emptywheel has an interesting post up on testimony by Knodell and Leonard before Rep. Waxman's committee. What stood out to me was that the White House believes the president has complete power to declassify information at a moment's notice in order to provide it to friendly media, while at the same time keeping the information otherwise classified. This isn't shocking to me, but still troubling to hear said outloud.
But what she picked up on, and it is indeed a quite interesting catch, is that in this White House that power extends to the Vice President (or so it appears). Consider this exchange involving Rep. Tom Davis (R-CA):Hodes: Assuming that to be the case, is it your testimony that the President could choose to selectively declassify the National Intelligence Estimate and give directions that it could be used with three reporters but then still retain, and that document is still classified?
Waxman: The gentleman's time is expired, but we do want an answer.
Leonard: Sir, it’'smy testimony that it’s the President's absolute authority when it comes to the classification and declassification of information.
Posted by armand at March 19, 2007 01:19 PM | TrackBack | Posted to Corruption | Politics | Shine the Light on ItDavis: Mr. Leonard, let me ask. Does the President or the Vice President have the authority to declassify on the spot?
Leonard: As I mentioned earlier, Mr. Davis, the President’s authority in this area is absolute, pursuant to the Constitution, ...
Davis: So they can do it on the spot. Can they declassify for limited purposes?
Leonard: Absolute is absolute.
Curious game Davis and Leonard are playing at this point. Davis is clearly asking about the President and the Vice President. Yet Leonard is answering solely in reference to the President. (Perhaps, as a civil servant, he has forgotten that Cheney isn't really the President???) In any case, I'm struck by the way that Davis knew that this wasn't a question of just Presidential insta-declassification. Indeed, he came prepared to get Leonard to confim, kind of, that Bush's "absolute" powers extend to Cheney as well.