Selective de-classification

It looks as though Dick Cheney may not be in legal jeopardy even if he did order Scooter Libby to leak classified information. According to the Wall Street Journal, he has the legal authority to selectively de-classify materials as he deems best.

WASHINGTON -- The disclosure that Vice President Dick Cheney may have authorized his former chief of staff to release classified information to justify the war in Iraq has political consequences for the White House, but the legal fallout may be muted.

Mr. Cheney, in his role as second-in-command of the country, has significant leeway, albeit not as much as the president, to declassify information.

Selectively de-classifying state secrets in order to gain political benefit ought to outrage the public, but there have been so many outrages already and so little public reaction that I doubt this will have much impact. The Journal makes the point that it's kind of sleazy.

The implication from the disclosure that Mr. Libby had authority to discuss sensitive intelligence matters with the press "is that the White House -- the vice president -- has been using his declassification authority as a way to advance the administration's political agenda," said Mr. Aftergood. "In other words, information that supports the administration's position on Iraq or whatever is selectively declassified and other information is not. That's not a criminal offense, but it's kind of sleazy."