Bush claims excemption from his oversight order
By Josh Meyer, Times Staff Writer
7:44 PM PDT, June 22, 2007

WASHINGTON -- The White House said Friday that, like Vice President Dick Cheney's office, President Bush's office is exempt from a presidential order requiring government agencies that handle classified national security information to submit to oversight by an independent federal watchdog.

The executive order that Bush issued in March 2003 covers all government agencies that are part of the executive branch and, although it doesn't specifically say so, was not meant to apply to the vice president's office or the president's office, a White House spokesman said.

The issue flared up Thursday when Rep. Henry A. Waxman, D-Calif., criticized Cheney for refusing to file annual reports with the National Archives and Records Administration, spelling out how his office handles classified documents, or to submit to an inspection by the archives' Information Security Oversight Office.

The archives, a federal agency, has been pressing the vice president's office to cooperate with its oversight efforts for the past several years, contending that by not doing so, Cheney and his staff have created a potential national security risk.

Bush issued the directive in response to the Sept. 11, 2001, terrorist attacks as a way of ensuring that the nation's secrets would not be mishandled, made public, or improperly declassified.

The order aimed to create a uniform, government-wide security system for classifying, declassifying and safeguarding national security information. It gave the archives' oversight unit responsibility for evaluating the effectiveness of each agency's security classification programs. It applied only to the executive branch of government, mostly agencies led by Bush administration appointees, as opposed to legislative offices such as Congress and judicial offices, including the courts.

In the executive order, Bush stressed the importance of the public's right to know what its government was doing, particularly in the global campaign against terrorism. "Our democratic principles require that the American people be informed of the activities of their government," the executive order said.

But from the start, Bush considered his office and Cheney's exempt from the reporting requirements, White House spokesman Tony Fratto said in an interview Friday. Cheney's office filed the reports in 2001 and 2002 -- as did his predecessor, Al Gore -- but stopped in 2003.

As a result, the National Archives has been unable to review how much information the president's and vice president's offices are classifying and declassifying. And the security oversight office cannot conduct inspections of the executive offices of the president and vice president to see if they have safeguards in place to protect the classified information they handle and to properly declassify information when required.

Those two offices have access to the most highly classified information in all of government, including intelligence gathered against terrorists and unfriendly foreign countries.