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January 20, 2001 and After: Cheney’s People Take Control of Large Areas of Bush Administration, Begin Expansion of Presidential Power

2001-01-20

According to reporter and author Charlie Savage, the White House staff quickly coalesces into two camps: “Bush People[,] mostly personal friends of the new president who shared his inexperience in Washington,” which includes President Bush’s top legal counsels, Alberto Gonzales and Harriet Miers, both corporate lawyers in Texas before joining Bush in Washington. The second group is “Cheney People—allies from [Vice-President Dick] Cheney’s earlier stints in the federal government (see May 25, 1975, November 18, 1980, 1981-1992, 1989, and June 1996) who were deeply versed in Washington-level issues, a familiarity that would allow their views to dominate internal meetings. These included [Defense Secretary Donald] Rumsfeld and other cabinet secretaries, key deputies throughout the administration, and David Addington, Cheney’s longtime aide who would become a chief architect of the administration’s legal strategy in the war on terrorism” (see July 1, 1992 and (After 10:00 a.m.) September 11, 2001). Savage will observe, “Given the stark contrast in experience between Cheney and Bush, it was immediately clear to observers of all political stripes that Cheney would possess far more power than had any prior vice president.”
'Unprecedented' Influence - Cheney will certainly have “unprecedented” influence, according to neoconservative publisher William Kristol, who himself had served as former Vice President Dan Quayle’s chief of staff. “The question to ask about Cheney,” Kristol will write, is “will he be happy to be a very trusted executor of Bush’s policies—a confidant and counselor who suggests personnel and perhaps works on legislative strategy, but who really doesn’t try to change Bush’s mind about anything? Or will he actually, substantively try to shape administration policy in a few areas, in a way that it wouldn’t otherwise be going?”
Expanding the Power of the Presidency - Cheney will quickly answer that question, Savage will write, by attempting to “expand the power of the presidency.” Savage will continue: “He wanted to reduce the authority of Congress and the courts and to expand the ability of the commander in chief and his top advisers to govern with maximum flexibility and minimum oversight. He hoped to enlarge a zone of secrecy around the executive branch, to reduce the power of Congress to restrict presidential action, to undermine limits imposed by international treaties, to nominate judges who favored a stronger presidency, and to impose greater White House control over the permanent workings of government. And Cheney’s vision of expanded executive power was not limited to his and Bush’s own tenure in office. Rather, Cheney wanted to permanently alter the constitutional balance of American government, establishing powers that future presidents would be able to wield as well.” [Savage, 2007, pp. 7-9] Larry Wilkerson, the chief of staff for Secretary of State Colin Powell, will say after leaving the administration: “We used to say about both [Defense Secretary Donald Rumsfeld’s office] and the vice president’s office that they were going to win nine out of 10 battles, because they were ruthless, because they have a strategy, because they never, never deviate from that strategy. They make a decision, and they make it in secret, and they make it in a different way than the rest of the bureaucracy makes it, and then suddenly, foist it on the government—and the rest of the government is all confused.” [Unger, 2007, pp. 299]
Signing Statements to Reshape Legislation, Expand Presidential Power - To that end, Cheney ensures that all legislation is routed through his office for review before it reaches Bush’s desk. Addington goes through every bill for any new provisions that conceivably might infringe on the president’s power as Addington interprets it, and drafts signing statements for Bush to sign. In 2006, White House counsel Bradford Berenson will reflect: “Signing statements unite two of Addington’s passions. One is executive power. And the other is the inner alleyways of bureaucratic combat. It’s a way to advance executive power through those inner alleyways.… So he’s a vigorous advocate of signing statements and including important objections in signing statements. Most lawyers in the White House regard the bill review process as a tedious but necessary bureaucratic aspect of the job. Addington regarded it with relish. He would dive into a 200-page bill like it was a four-course meal.” It will not be long before White House and Justice Department lawyers begin vetting legislation themselves, with Addington’s views in mind. “You didn’t want to miss something,” says a then-lawyer in the White House. [Savage, 2007, pp. 236]