Mere speculation on your part. They could always use the Cheney Defense too. Anybody remember this from Dick?
" When queried by the
Tribune, Cheney’s spokesperson replied that the OVP was not an “agency” under the Order and that the matter had “been thoroughly reviewed and it’s been determined that the reporting requirement does not apply to [the OVP] which has both legislative and executive functions.”
In essence, the Vice President and his staff were claiming that with respect to the rules governing the safeguarding of classified national security information he was not a part of the executive branch and thus not beholden to the reporting requirements of the Executive Order.
I found this response to be remarkable,...."
Uncovering an historical episode involving Vice President Cheney that cast doubt on status of vice presidents and classified information system - with a call for Congress to close any gaps.
www.justsecurity.org
"Specifically, there were only three sections of the Order that treated the President and Vice President on equal terms. One of these sections exempted the Vice President and his staff from the
mandatory declassification review provisions of the Order which were applicable to all other government agencies. As I had consistently pointed out to the
Attorney General and others, “[t]his sole explicit reference for the purpose of exempting the OVP from a provision of the Order supports an interpretation that the rest of the Order does apply, to include the Order’s definition of an ‘agency,’ otherwise there would be no need for an exemption” from the declassification review provisions.
What was especially noteworthy and remains unchallenged to this day, in his
letter to Kerry, Addington went on to state that
constitutional issues in government are generally best left for discussion when unavoidable disputes arise in a specific context instead of in theoretical discussions. Given that the executive order treats the Vice President like the President rather than as an “agency,” it is not necessary in these circumstances to address the subject of any alternative reasoning, based on the law and history of the legislative functions of the vice presidency and the more modern executive functions of the vice presidency, to reach the same conclusion that the vice presidency is not an “agency” with respect to which ISOO [the Information Security Oversight Office] has a role.
Addington was not backing off from his initial position that since the Vice President had both executive and legislative functions, OVP was not bound by the reporting requirements of the executive order. "