Cheney Again Part of the Executive Branch?

Dick Cheney can't seem to make up his mind. One day, he's part of the executive branch. Another day, he's not. Cheney's flip-flopping over a National Archives mandate to protect classified executive branch information has been widely lampooned. Cheney barred investigators from entering his workplace and even tried to dissolve the Archives' Information Security Oversight Office, which enforces the government's classification system. He claimed his office was also part of, kind of, the legislative branch because the veep presides over the Senate. This smacks of -- dare we say (to a chorus of abuse in the comments section) -- a man trying to hide something.

There is already talk among GOP leaders in Congress of ousting Cheney, according to some reports. And Democrats are turning up the heat, threatening to cut funding to the vice president's office, since Cheney claims it is no longer part of the executive branch or any branch of government. Earlier this week, Sen. John Kerry (D-Massachusetts) sent a letter to Cheney's office expressing concern that:

"[T]he Vice President has self designated his position as part of neither the legislative branch nor the executive branch, and is therefore not accountable to the laws that govern either branch. As you know, Vice President
Cheney has refused to allow routine inspections or issue mandated reports on classified information as required by executive order
12958. The justification issued by the Vice President for violating this executive order is that he not in fact part of the executive branch and therefore is not subject to this mandate. This is an unprecedented break with hundreds of years of history and does not keep good faith with the hierarchy of government."

To the man the White House's political strategists once branded the ultimate flip-flopper, Cheney responded (.pdf) by saying that -- surprise! -- he's part of the executive branch again. Sort of. Whatever he is, he can't be treated like an agency. Cheney claims that distinction does not extend National Archives oversight to his office. From the letter:

"The executive order on classified national security information -- Executive Order 12958 as amended in 2003 -- makes clear that the Vice President is treated like the President and distinguishes the two of them from 'agencies,' but not of the Vice President or the President. As you know, the President's spokesperson reiterated on June 22, 2007 that the order does not give ISOO authority to oversee the Office of Vice President."

But the executive order makes it clear that the Archives can perform oversight of Cheney's office. Here's a link (.pdf) to the executive order so you can see for yourself. The relevant text appears fairly high up in the order and reads:

"(i) 'Agency' means any 'Executive agency,' as defined in 5 U.S.C. 105, and any other entity within the executive branch that comes into the possession of classified information."

Not sure that leaves any more room for flip-flopping, but we shall see.