In a 1994 legal memorandum, assistant attorney general Walter Dellinger reached a similar conclusion about Vice President Gore, determining that the vice president's office is not an "agency" for purposes of the Freedom of Information Act. Dellinger's opinion pointed out that "the Vice President has no constitutional or statutory responsibilities as an executive branch officer," and that therefore general references to executive-branch entities are not sufficient to include the vice president.

Dellinger's 1994 memorandum wasn't met with accusations that Al Gore was "above the law." That's because, back then, a media reaction wasn't being stoked and scripted by Rep. Henry Waxman, the combative California Democrat.
-- Kate O'Beirne, NRO

Labels: Cheney, Clinton, Executive Privilege, Gore