Editore"s Note
Tilting at Windmills

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December 19, 2008
By: Hilzoy

Step Away From That Shredder ...

The AP, via FDL:

"Dick Cheney's lawyers are asserting that the vice president alone has the authority to determine which records, if any, from his tenure will be handed over to the National Archives when he leaves office in January. (...)

"The vice president alone may determine what constitutes vice presidential records or personal records, how his records will be created, maintained, managed and disposed, and are all actions that are committed to his discretion by law," according to a court filing by Cheney's office with the U.S. District Court on Dec. 8.

Cheney is being sued by Citizens for Responsibility and Ethics in Washington, a government watchdog group that is trying to ensure that no presidential records are destroyed or handled in a way that makes them unavailable to the public.

The 1978 Presidential Records Act requires all presidential and vice presidential records to be transferred to the National Archives immediately upon the end of the president's last term of office and gives the archivist responsibility to preserve and control access to presidential records. The law ended the tradition of private ownership of presidential papers, opening White House records to the public and historians. (...)

But the law is unclear on how disagreements will be decided about the preservation of disputed records, said Steven Aftergood, a government secrecy expert at the Federation of American Scientists.

"Decisions that are made in the next couple of weeks may prove irrevocable. If records are held from the archivist now they may never be recovered," Aftergood said.

A judge in September ordered Cheney to preserve all his records while the suit continued."

Someone needs to make sure that Cheney carries out that order. Cheney is exactly the sort of person who could decide to shred his documents and say to a judge: Go ahead, hold me in contempt. I dare you.

If he is not prosecuted, that will be bad enough. But if he destroys the record of his time in office, then we may never learn what he was actually up to when he claimed to be serving us, at our expense. A crucial part of the record of how our government was systematically perverted will be lost, and we will not be able to learn from it how to make sure that nothing like this ever happens again. We cannot let that happen. Too much depends on it.

Hilzoy 11:43 PM Permalink | Trackbacks | Comments (27)
 
Comments

Couldn't agree more. Cheney should be stopped from shredding. Any idea how? After all, the guy thinks he is the law.

Posted by: janinsanfran on December 19, 2008 at 11:55 PM | PERMALINK

First of all, he's undoubtedly been shredding as fast as he can for years already.

Second, the man is a danger to democracy, and an embarrassment to the nation.

Third, destruction of public records should, in his case, be punishable by a ten year jail sentence.

Posted by: N.Wells on December 20, 2008 at 12:08 AM | PERMALINK

"fool me once...fool me twice, you just can't do that."

Posted by: Annjell on December 20, 2008 at 12:23 AM | PERMALINK

Actually, we know goddamned well how our government was systematically perverted: Republicans decided power is more fun than responsibility, Democrats decided forfeiting is more fun than fighting, the press decided that it's not their job to report news/facts/analysis untainted by conservative bullshit, lawyers decided that laws can mean whatever enough people with power want them to (coughBushvGorecough) (coughFederalistSocietycough) (coughUSA-DOJ-attorney-scandalcough), businessmen decided that there is honor among thieves (or at least a decent non-aggression pact), and voters decided they didn't care enough to do anything substantial in response to any of the above corruptions.

The thing to do with Cheney -- as it is for Bush, Rove, and the rest of that movement -- is to assume the worst, blame them loudly for it and repeatedly regardless of what they say in their defense, and, to paraphrase LBJ, make the sonsabitches deny it. (Hell, half the fucking time, they're already bragging about it, like that Cheney interview.)

Because to paraphrase another insightful historical figure, nobody's ever gone broke overestimating the corruption of the Bush-Cheney Administration. (Yeah, I realize that's channeling both P.T. Barnum and Brad DeLong, for his "They're worse than you think, even after you take into account that they're worse than you think" principle.)

Posted by: Chris on December 20, 2008 at 12:42 AM | PERMALINK

I believe Cheney gave his general opinion loudly and clearly to Senator Leahy many years ago.

Why would anyone think he would respect anyone beyond himself?

It is to laugh.

Posted by: j on December 20, 2008 at 12:55 AM | PERMALINK

I was looking at the website worldfocus.org about the Madoff scheme.

One of the posters had a very valid point -
he said, that yes, the Madoff was a ponzi scheme

Yet, he said the mortgage crisis was also a ponzi scheme-
I agree, because, the mortgages were stripped and sold off as investments.

I remember one lady was being foreclosed on, when she demanded the mortgage company produce the promissary note, they couldn't, they didn't know who had it.

He also said that the central banks was the biggest pyramid scheme of all.

The poster name is Tucci.

Posted by: annjell on December 20, 2008 at 1:54 AM | PERMALINK

All agog to find that Cardinal Richelieu wants to keep his machinations secret.

At some time it should dawn on people that Cheney considers himself above and beyond all the petty demands ordinary humans must accept.

Posted by: SteinL on December 20, 2008 at 2:46 AM | PERMALINK

Somewhere in the dark---because darkness, after all, is cheap; he probably likes it, and there's no Ghosts of Hell big-n-bad enough to make him see the error of his ways---Dick Cheney is saying to the world, thus:

You can have my shredder when you pry it from my cold, dead hands.

Cheney is America's Saddam Hussein. He will neither repent nor recant; he now openly boasts of his crimes with willful glee, knowing that he will be elevated to the status of a deity by future generations of thugs. Putting a gun to his head and pulling the trigger won't inflict a bit of remorse from him, because all he cares about is the legacy he has left behind---a scar that, in his own mind, is both permanent and worthy of worship.

The key to "getting" Cheney is to make known to him, in no uncertain terms, that the monument he bequeaths to the world can, indeed, be brought down. He can be cremated and find his ashes scattered in a nameless place, so that no one may pay homage to him. No monuments to his earthly specter. No biographies glorifying his deeds. No libraries in his honor. No think tanks bearing his name. No scholarships to conservative institutions.

Nothing.

And then---when you see the horrific glimmer of absolute fear creep into his eyes, as he realizes, once and for all, that he will leave the bounds of mortality with no hope of immortality----

----that's when the trapdoor should spring, allowing the noose to render upon his neck the final arbitration of Justice served.

No media. No phone cameras. No YouTube records of the event. Just complete anonymity in the darkness---because darkness is cheap---and when the new day dawns, life is again pursued, just like nothing ever happened.

This is how you destroy Dick Cheney....

Posted by: Steve W. on December 20, 2008 at 4:55 AM | PERMALINK

I can't imageine a clearer case of obstruction of justice.

Posted by: Danp on December 20, 2008 at 7:50 AM | PERMALINK

He will shred his records.

He will not go to jail.

He will not suffer any kind of official rebuke.

It's nice that Obama is going to be president, but with this kind of precedent, democracy is dead in the US.

Posted by: Ethan on December 20, 2008 at 7:52 AM | PERMALINK

Cheney is not personally doing the shredding, and his lackeys no doubt feed off his bravado but hope for life after Dick. The judge needs to tell them that they are going to jail too.

Posted by: Eric on December 20, 2008 at 7:54 AM | PERMALINK

Cheney will shred his records and Cheney will face no kind of sanction whatsoever. Nobody will be prosecuted for war crimes. In this country, the rich and powerful are never held accountable. This is not going to change with the presidency of Obama. There is no change you can believe in.

To be fair, the status quo would have maintained under Clinton or McCain, as well.

Posted by: Helena Montana on December 20, 2008 at 8:02 AM | PERMALINK

Who cares if he shreds the hard copies? Seize the computers; seize the network; start forensic work as quickly as possible.

They might not be as good at destroying data as at shredding documents; if so we might luck out.

Posted by: foxtrotsky on December 20, 2008 at 9:03 AM | PERMALINK

If the Vice President does it, it's not illegal.

Posted by: jen f on December 20, 2008 at 9:33 AM | PERMALINK

"If the Vice President does it, it's not illegal."

Unless, of course, the VP is a Democrat.

Posted by: Skepticat on December 20, 2008 at 10:26 AM | PERMALINK

Come on guys! This is the age of post-partisanship. We need to embrace people with diverse views. We may disagree with a public official or even find his acts morally repulsive, but it does not mean that we should not sit down and hug him. None of this punishment for crimes and other illegal acts. We have to look past our anger.

Posted by: gregor on December 20, 2008 at 10:32 AM | PERMALINK

There isn't a shredder big enough for Cheney's wrongdoings.

Posted by: Bob M on December 20, 2008 at 10:39 AM | PERMALINK

Dick Cheney - the Greatest American Traitor.

Posted by: TCinLA on December 20, 2008 at 11:01 AM | PERMALINK

My thoughts and prayers, as I am sure are Hilzoy's, are with the Vice President as he tries to execute the duties of his office.

Posted by: Geeeez on December 20, 2008 at 12:33 PM | PERMALINK

TcinLA--If Obama does nothing to hold Bush?Cheney and their henchmen accountable for their many crimes-will you consider him a traitor to this country and the oath he has taken, and will take again, to defend the constitution of this country?

Posted by: Geeeez on December 20, 2008 at 12:35 PM | PERMALINK

Helena Montana:

Cheney will shred his records and Cheney will face no kind of sanction whatsoever. Nobody will be prosecuted for war crimes. In this country, the rich and powerful are never held accountable. This is not going to change with the presidency of Obama. There is no change you can believe in.

I hope you are wrong but fear that you are right. To expect bravery from a Democrat is to be delusional.

Posted by: Geeeez on December 20, 2008 at 12:38 PM | PERMALINK

So, when the IRS comes to call, I may just tell them that I have no records of my reasons for owing no taxes, and walk away? Great. Thank you, Little Dick.

Posted by: st john on December 20, 2008 at 1:30 PM | PERMALINK

Of course, if the records have been shredded in contempt of a court order, the court is legally required to put the most negative possible construction on that. So legally speaking, shredding the records would be equivalent to an statement by Cheney and his staff that they knowingly broke the law, and did so in their personal capacities rather than as part of their official duties.

Posted by: paul on December 20, 2008 at 3:27 PM | PERMALINK

Fitzgerald, US Atty of Choice, should just go ahead and seize that safe in Addington's office. That ought to do it.

As an alternative, Obama should put volunteers on Addington's door 24/7/365. And follow anything that is carried out of there to Addington or anyone else's home. It's all there, in the safe in Addington's office.

Posted by: Cal Gal on December 21, 2008 at 1:36 AM | PERMALINK

"I remember one lady was being foreclosed on, when she demanded the mortgage company produce the promissary note, they couldn't, they didn't know who had it."

There it is.

Plain as day.

The solution to the "mortgage crisis." PRODUCE the NOTE.

Spread it along.

PRODUCE THE NOTE.

Posted by: Sarah Barracuda on December 21, 2008 at 1:38 AM | PERMALINK

"Come on guys! This is the age of post-partisanship. We need to embrace people with diverse views. We may disagree with a public official or even find his acts morally repulsive, but it does not mean that we should not sit down and hug him. None of this punishment for crimes and other illegal acts. We have to look past our anger."

LOL, thank you. It is SO true. But it may yet work out, the the "reconciliation" committees in Ruwanda.

Posted by: Sarah Barracuda on December 21, 2008 at 1:43 AM | PERMALINK

"So, when the IRS comes to call, I may just tell them that I have no records of my reasons for owing no taxes, and walk away? Great. Thank you, Little Dick."

Sorry, but the IRS will have records. W4s, 1099s, bank records, etc.

Money is traced. The VP, not so much.

SEIZE THE SAFE. It's all in Addington's Office. Let no one in. Do not let the safe go out.

Posted by: Merkin voter on December 21, 2008 at 1:47 AM | PERMALINK




 

 
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