The Real Reason They’re Hiding Cheney’s Interview?
Ostensibly, DOJ is trying to withhold Dick Cheney’s interview materials for the following three reasons (in order of their centrality to the argument):
- Law enforcement privilege: If DOJ turns over Cheney’s interview, it will make future Vice Presidents unwilling to cooperate in investigations. This argument fails given the evidence that it has long been routine to release interview materials from high ranking White House figures, going back to the era of Cheney’s first White House job under Nixon, continuing through the investigation conducted parallel to the one Cheney participated in on Iran-Contra, and up through Bush’s predecessor, Clinton. Thus, Cheney’s cooperation itself proves the lie of DOJ’s argument.
- Deliberative and presidential privilege: Much of the contents of Cheney’s interview comprise his description of deliberations within the White House regarding how to respond to Joe Wilson. This argument fails, in significant part, because much of this was already released during the trial. Furthermore, with the knowledge of at least two other White House officials, Dick Cheney’s lawyer leaked key portions of this to Michael Isikoff in April 2006.
- National security classification: Finally, DOJ argues that it can’t turn over material already made public, such as the names of Cheney’s and Libby’s briefers, David Terry and Craig Schmall. DOJ and CIA may actually even be protecting the name of that secret CIA officer, Valerie Plame Wilson!
For the most part, this argument doesn’t make sense at all. Most importantly, the core argument–that releasing this interview will inhibit future cooperation–is belied by the last half century of history. Nevertheless, for some reason DOJ has decided to fight release of this document. That’s partly because, I think, this fight started last year, while Cheney still had sway to make it happen. It’s partly because of Obama’s fear of doing anything that would look political. Still, something must explain why Obama’s DOJ is making this crappy argument with such intensity. Something–aside from the defense of secrecy in general–must explain DOJ’s almost comical efforts to keep this interview hidden in spite of the long history of releasing similar interviews.
As I suggested in this post, their concern appears to be much more narrow. I suspect they’re not trying to protect the content of Cheney’s interview, in the abstract. Rather, they’re trying to protect the content because of what Cheney said.