January 9, 2007: National Archives Office Refers Cheney’s Refusal to Comply With Executive Order to Attorney General

J. William Leonard, the director of the National Archives’s Information Security Oversight Office (ISOO), writes to Attorney General Alberto Gonzales requesting an opinion on Vice President Dick Cheney’s decision to exempt his office from the mandate of Executive Order 12958. The order requires that everyone in the executive branch take steps to protect and secure classified information regarding national security, and report periodically to the ISOO (see 2003). Cheney’s position is that the vice president’s office is not strictly part of the executive branch. Leonard notes that until 2002 Cheney’s office did submit such reports to the ISOO. He also notes that under the Constitution, the vice president’s office is indeed part of the executive branch, and that if it is not, then it is in repeated material breach of national security laws, as it has had routine access to top secret intelligence reports and other materials that are only available to the executive branch. Leonard asks Gonzales to determine that Cheney’s office does indeed fall under the mandate of the executive order. [J.William Leonard, 1/9/2007 ] Gonzales will ignore the letter; Cheney’s office will attempt to abolish the ISOO (see May 29, 2007-June 7, 2007). [Henry A. Waxman, 6/21/2007 ]