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Information that may provide additional understanding of the "Bread Crumbs" that led to the United States of America's DOWNFALL/DESTRUCTION. TERRORIST/WHITE SUPREMACIST/RACIST Baker Donelson Bearman Caldwell & Berkowitz WEAPON Of DESTRUCTION!

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  1. 1. David Addington - Wikipedia, the free encyclopedia http://en.wikipedia.org/wiki/David_Addington From Wikipedia, the free encyclopedia David Spears Addington (born January 22, 1957) was legal counsel (2001–2005) and chief of staff (2005–2009) to former Vice President Dick Cheney,[1] and is now vice president of domestic and David Addington economic policy studies at The Heritage Foundation.[2][3][4][5] During 21 years of federal service, Addington worked at the CIA, the Reagan White House, the Department of Defense, four congressional committees, and the Cheney Office of the Vice President.[6] He was appointed to replace I. Lewis "Scooter" Libby Jr. as Cheneys chief of staff upon Libbys resignation when Libby was indicted on charges of perjury and obstruction of justice on October 28, 2005.[7] Addington was described by U.S. News & World Report as "the most powerful man youve never heard of" in May 2006.[8] Contents 1 Family 2 Education and career 3 Vice Presidents office 4 Spanish charges considered 5 Records 11th Chief of Staff to the Vice President of the 6 References United States 7 External links In office 2005–2009 Vice President Dick Cheney Family Preceded by Scooter Libby Succeeded by Ron Klain Addington was born in Washington, D.C., and is the son of Eleanore and the late Jerry Addington, a Personal details retired brigadier general and West Point graduate.[9] He is married to Cynthia Mary Addington; the couple have three children. Previously, Addington had been married to Linda Werling, whom he met Born David Spears Addington while the two were both attending Duke University.[10] January 22, 1957 Washington, D.C. Alma mater Georgetown University B.S.F.S. Education and career Duke Law School J.D. Addington graduated from Sandia High School in Albuquerque, New Mexico in 1974. He was admitted to United States Naval Academy and attended beginning in Fall 1974, but did not graduate. He is a graduate of the Edmund A. Walsh School of Foreign Service at Georgetown University (B.S.F.S., summa cum laude) and holds a J.D. (with honors) from Duke University School of Law.[11] He was admitted to the bar in 1981. Addington was an assistant general counsel for the Central Intelligence Agency from 1981 to 1984.[12] From 1984 to 1987 he was counsel for the House committees on intelligence and foreign affairs. He served as a staff attorney on the joint U.S. House-Senate committee investigation of the Iran-Contra scandal as an assistant to Congressman Bill Broomfield (R-MI). Books and news articles have said that he was one of the principal authors of a controversial minority report issued at the conclusion of the joint committees investigation,[13][14] which "defended President Reagan by claiming it was unconstitutional for Congress to pass laws intruding on the commander in chief."[15] but in his opening remarks as he testified under subpoena before the House Judiciary Committee, Addington said that he had left the committees service before the minority report was written and had no role in it.[16] Addington was also a special assistant for legislative affairs to President Ronald Reagan for one year in 1987, before becoming Reagans deputy assistant. From 1989 to 1992, Addington served as special assistant to Cheney who was then the Secretary of Defense, before being appointed by President George H. W. Bush and confirmed by the Senate as the Department of Defenses general counsel in 1992.[17] In 1993 and 1994, Addington was the Republican staff director of the Senate Intelligence Committee. In 1994 and 1995, he headed a political action committee, the Alliance for American Leadership, set up to support Republican candidates for public office, with a principal focus on being a Presidential exploratory committee for Cheney, as the former Defense Secretary contemplated running for the 1996 Republican Presidential nomination.[18] From 1995 to 2001, he worked in private practice, for law firms Baker, Donelson, Bearman, Caldwell & Berkowitz and Holland & Knight, and the American Trucking Association.[19] He also provided extensive assistance to Dick Cheney when the latter was chief executive officer of Halliburton Corporation and was in charge of vetting potential Presidential running mates for Texas governor George W. Bush, before he was officially his partys nominee for the White House and surprised many political observers by choosing Cheney himself to be his running mate.[20] Vice Presidents office As counsel to the Vice President, Addingtons duties involved protecting the purported legal interests of the Office of the Vice President, despite the only1 of 6 8/23/2012 9:43 PM
  2. 2. David Addington - Wikipedia, the free encyclopedia http://en.wikipedia.org/wiki/David_Addington duties actually given the U.S. Vice President under the United States Constitution are to be first in line to succeed the President in the event of his or her death, or a statutorily-defined inability to effectively discharge the powers of the office, and to be the presiding officer of the United States Senate, with the duty to cast a deciding vote in that body in the event of any tie votes among the members of the Senate itself. As chief of staff, he supervised the Vice Presidents staff. In both roles, Addington also provided advice to the White House staff, as he had the additional bureaucratically important title of Assistant to the President, as his predecessor Scooter Libby had likewise held. As vice presidential counsel, Addington is known for his focus on the constitutional independence of the Vice President[citation needed], including in the context of federal lawsuits to prevent incursions into the inner workings of the Office of the Vice President by the Government Accountability Office and private organizations.[21] After he began working for Vice President Cheney, Addington was very influential in many different areas of policy. He provided advice and drafted memoranda on many of the most controversial policies of the Bush administration.[8] Addingtons influence strongly reflects his hawkish views on U.S. foreign policy, a position he had apparently already committed to as a teenager during the late phase of the Vietnam War in the early 1970s.[22] In his House Judiciary Committee testimony, Addington said that he applied three filters in formulating advice on the War on Terror: (i) comply with the Constitution, (ii) within the law, maximize the Presidents options, and (iii) ensure legal protection of military and intelligence personnel engaged in counterterrorism activities.[23] Addington has consistently advocated that under the Constitution, the President has substantial and expansive powers as commander-in-chief during wartime, if need be.[24] He is the legal force behind over 750 signing statements that President George W. Bush issued when signing bills passed by Congress, expanding the practice relative to other Presidents.[25][26] Charlie Savage, the former national legal affairs writer for The Boston Globe who won a Pulitzer Prize for his reporting on signing statements, quotes former associate White House counsel Brad Berenson saying that Addington "would dive into a 200-page bill like it was a four-course meal" as he crafted the statements.[27][28] A declassified CIA congressional briefing memo of February 4, 2003 states "The (CIA) General Counsel described the process by which the (enhanced interrogation) techniques were approved by a bevy of lawyers from the NSC, the Vice President’s office and the Justice Department," which makes it likely that Addington was aware of the coercive methods if not one or more of the "torture memos" as well, although it is not clear exactly what the CIA memo meant by the word approved as none of the lawyers mentioned was in the chain of command that approves CIA operations and the White House-level lawyers relied on Justice Department legal opinions rather than developing and issuing legal opinions of their own.[29] Press reports have alleged that Addington helped to shape an August 2002 opinion from the Department of Justices Office of Legal Counsel (OLC) that said torture might be justified in some cases,[30] although John Yoo - who actually wrote those memos himself - avers in a book he later authored that the notion that Addington "had a hand in drafting Justice Department legal opinions in the war on terrorism" is "so erroneous as to be laughable."[31] U.S. Army Colonel Lawrence Wilkerson, who served as Colin Powells chief of staff when he was Chairman of the Joint Chiefs of Staff - at the same time Addington was Cheneys personal counsel as Secretary of Defense - and then later when Powell was Secretary of State, stated in an in-depth interview regarding extraordinary measures taken post 9/11: "...the man who, to me, brings all of this together more than Cheney himself, because he has one foot in the legal camp — and I must admit it’s a fairly brilliant foot — and he has one foot in the operator camp, that’s David Addington."[32] Press reports also state that Addington reportedly took a leading role in pressing for the use of coercive interrogation methods when a delegation of top Bush administration attorneys traveled to the Guantanamo Bay detention camp in September 2002 to observe operations there,[33] although Addington said that he could not recall this in his sworn House Judiciary Committee testimony.[34] In congressional testimony, Addington has emphasized that "people out in the field, particularly the folks at the CIA, would not have engaged in their conduct and the head of the CIA would not have ordered them to engage in that conduct without knowing that the Attorney General of the United States or his authorized designee, which is what OLC is, has said this is lawful and they relied on that." [35] The Senate Select Committee on Intelligence released a narrative concerning the Office of Legal Counsel opinions on interrogations on April 17, 2009.[36] Some press reports indicate that Addington advocated scaling back the authority of lawyers in the uniformed services; Addington in fact advocated merely that the civilian general counsels of the military departments be recognized as the chief legal officers of those departments.[37] Shortly after September 26, 2002, a Gulfstream jet carrying Addington, Alberto Gonzales, CIA attorney John A. Rizzo, William Haynes II, two Justice Department lawyers, Alice S. Fisher and Patrick F. Philbin, and the Office of Legal Counsels Jack Goldsmith flew to Camp Delta to view the facility that held enemy combatants, including Mohammed al-Kahtani, then to Charleston, South Carolina to view the facility that held enemy combatants, including José Padilla, and finally to Norfolk, Virginia, where they briefly viewed an enemy combatant on a videoscreen display.[38][39] In November 2006, the German government received a complaint seeking the prosecution of Addington and 15 other current and former U.S. government officials for alleged war crimes.[40] The German Prosecutor General at the Federal Supreme Court declined to initiate proceedings on the complaint.[41] According to Harvard Law School professor Jack Goldsmith, the head of the Office of Legal Counsel from 2003 to 2004, Addington once said that "were one bomb away from getting rid of that obnoxious court," referring to the secret United States Foreign Intelligence Surveillance Court, which oversees clandestine wiretapping. [42] Goldsmith also noted that Addington was speaking sarcastically at the time.[43] Washington Post reporter Barton Gellman writes that Addington was the author of the controlling legal and technical documents for the Bush administrations warrantless surveillance program, typing the documents on a Tempest-shielded computer across from his desk in room 268 of the Eisenhower Executive Office Building and storing them in a vault in his office.[44] That area of the building was the site of a fire in December, 2007.[45] Former Secretary of State Colin Powell is alleged to have remarked in private, regarding who was responsible for the NSA wiretapping of U.S. citizens without a warrant: "Its Addington," and further, that "he doesnt care about the Constitution." [46] when speaking with friends at a Washington Redskins game. Jack Goldsmith has written that if Powell indeed made this remark, "he was wrong," as Addington and Cheney "seemed to care passionately2 of 6 8/23/2012 9:43 PM
  3. 3. David Addington - Wikipedia, the free encyclopedia http://en.wikipedia.org/wiki/David_Addington about the Constitution as they understood it."[47] Further, it is alleged, at least during Cheneys term as Secretary of Defense from 1989–93, that Addington and Cheney were deeply and eagerly interested in the U.S. Continuity of Operations Plan [48] (CO-OP), to be used in the event of a nuclear attack on the U.S. (and first partially implemented after 9/11/01). This plan is alleged to provide "enduring Constitutional government" under a "paramount unitary executive" with "cooperation from" Congress and the several Courts. This deep and eager interest in the CO-OP was reported by the New Yorker[49] to extend to drills where Cheney spent his nights in a bunker, perhaps that "secure undisclosed location" which he was said to occupy following 9/11. Apparently Addington has taken this interest to the point where "For years, Addington has carried a copy of the U.S. Constitution in his pocket; taped onto the back are photocopies of extra statutes that detail the legal procedures for Presidential succession in times of national emergency..."[50] perhaps, even a national emergency that involves the CO-OP. Although press reports state that Addington consistently advocated the expansion of presidential powers and the unitary executive theory, a nearly absolute deference to the executive branch from Congress and the judiciary, Addington stated in his sworn House Judiciary Committee testimony that he intends the term "unitary executive" to refer to the provision of the Constitution that vests all "executive Power" in "a President" rather than in multiple officials or Congress.[51] In a June 26, 2007 letter to Senator John Kerry, Addington asserted that by virtue of Executive Order 12958 as amended in 2003, the Office of the Vice President was exempt from oversight by the National Archives Information Security Oversight Office for its handling of classified materials,[52] which President George W. Bush confirmed to be the correct interpretation of his revised order.[53] He had previously pushed for elimination of a presidentially-mandated position (as opposed to at the option of the Archivist) of director of the oversight office after a dispute over oversight of classified information.[54] The story was broken after the Chicago Tribune noticed an asterisk in an ISOO report "that it contained no information from OVP". Although a federal district judge initially ordered Addington to submit to a deposition in a lawsuit filed to protect Cheneys vice-presidential records from potential destruction under the provisions of the Presidential Records Act of 1978,[55] [56] the United States Court of Appeals for the District of Columbia Circuit overruled the federal district judge and held that Addington did not have to submit to the deposition.[57] Addington, along with other officials, was mentioned by title in I. Lewis "Scooter" Libby Jr.s indictment[58] for five felony charges related to the Plame affair, regarding the leak of the identity of a CIA officer,[59] and he testified at the Libby trial.[60] A PBS Frontline documentary "Cheneys Law" broadcast on October 16, 2007 detailed Addingtons key role in Bush administration policy making, and noted that he declined to be interviewed regarding his thoughts on the limits of executive privilege.[61] On June 26, 2008, Addington appeared to testify under subpoena from the House Judiciary Committee along with former Justice Department attorney John Yoo in a contentious hearing on detainee treatment, interrogation methods and the extent of executive branch authority.[62][63][64]video (http://www.democracynow.org/2008/6/27/addington_yoo_offer_little_in_house) This testimony was Addingtons only public statement during his eight years as Cheneys vice presidential counsel and chief of staff.[65] Spanish charges considered In March 2009 Baltasar Garzón, a Spanish judge who has considered international war crimes charges against other high-profile figures, considered whether to allow charges made by Gonzalo Boye, a lawyer who once defended MIR and ETA,[66] to be laid against Addington and five other former officials of the George W. Bush Presidency.[67] Judge Garzon did not dismiss the complaint, but instead ordered the complaint assigned by lottery to another judge, who will then decide whether to pursue the complaint or not.[68] Spanish Attorney General Candido Conde-Pumpido "strongly criticized" the proceedings, labeling them a legal "artifice."[69] Pumpido recommended against prosecution due to lack of material responsibility on the part of the American officials.[70] Main article: The Bush Six Records The Vice Presidential records created or obtained by David S. Addington during his service as Counsel to the Vice President and Chief of Staff to the Vice President from 2001 to 2009 are preserved and maintained by the Archivist of the United States at the National Archives under the law.[71] References 1. ^ Dreyfuss, Robert (2006-04-17). "Vice Squad" (http://www.prospect.org 5. ^ Victor, Kirk (May, 2011). "David S. Addington: A Second Act" /cs/articles?articleId=11423) . The American Prospect. (http://www.washingtonian.com/print/articles/6/174/19154.html) . http://www.prospect.org/cs/articles?articleId=11423. Retrieved Washingtonian. http://www.washingtonian.com/print/articles/6/174 2008-06-29. /19154.html. Retrieved 2011-08-09. 2. ^ Heilbrunn, Jacob (2010-08-30). "David Addingtons Return to Power" 6. ^ Statement by the Vice President (http://georgewbush- (http://nationalinterest.org/blog/jacob-heilbrunn/david-addingtons-return- whitehouse.archives.gov/news/releases/2005/10/print/20051031-2.html) , power-3990) . The National Interest. http://nationalinterest.org/blog/jacob- Office of the Vice President (October 31, 2005) (announcement of heilbrunn/david-addingtons-return-power-3990. Retrieved 2010-08-31. Addingtons appointment to be Chief of Staff to the Vice President). 3. ^ Friedersdorf, Conor (2010-08-31). "Making a Mockery of Advocating 7. ^ Keith Olbermann (November 4, 2005). "Cheneys new chief of staff Limited Government" (http://andrewsullivan.theatlantic.com/the_daily_dish controversial" (http://msnbc.msn.com/id/9917435/) . MSNBC. /2010/08/making-a-mockery-of-advocating-limited-government.html) . The http://msnbc.msn.com/id/9917435/. Atlantic. http://andrewsullivan.theatlantic.com/the_daily_dish/2010/08 8. ^ a b Chitra Ragavan (May 29, 2006). "Cheneys Guy" /making-a-mockery-of-advocating-limited-government.html. Retrieved (http://www.usnews.com/usnews/news/articles/060529/29addington.htm) . 2011-03-31. U.S. News and World Report. http://www.usnews.com/usnews 4. ^ Goldsmith, Jack (2010-09-06). "Addington to Heritage" /news/articles/060529/29addington.htm. (http://www.lawfareblog.com/2010/09/addington-to-heritage/) . Lawfare. 9. ^ Letter from Washington: The Hidden Power: The New Yorker http://www.lawfareblog.com/2010/09/addington-to-heritage/. 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  4. 4. David Addington - Wikipedia, the free encyclopedia http://en.wikipedia.org/wiki/David_Addington 10. ^ Letter from Washington: The Hidden Power: The New Yorker 2007-11-18. (http://www.newyorker.com/archive/2006/07 28. ^ Robin Lindley (2008-01-07). "The Return of the Imperial Presidency: An /03/060703fa_fact1?currentPage=4) Interview with Charlie Savage" (http://hnn.us/articles/44951.html) . History 11. ^ Statement by President Reagan (http://www.reagan.utexas.edu/archives News Network. http://hnn.us/articles/44951.html. Retrieved 2008-02-13. /speeches/1988/041888f.htm) , April 18, 1988 (announcement of 29. ^ "David Addington did approve of cruel CIA interrogation techniques" Addingtons appointment as Deputy Assistant to the President for (http://www.unbossed.com/index.php?itemid=2809) . Unbossed.com. Legislative Affairs). http://www.unbossed.com/index.php?itemid=2809. Retrieved 2010-02-25. 12. ^ Blumenthal, Sidney (2007). "The sad decline of Michael Mukasey" 30. ^ Douglas Jehl; Tim Golden (November 2, 2005). "In Cheneys New Chief, (http://www.salon.com/opinion/blumenthal/2007/11/01/mukasey/print.html) a Bureaucratic Master" (http://www.nytimes.com/2005/11/02/politics . Salon.com. http://www.salon.com/opinion/blumenthal/2007/11 /02aide.html?pagewanted=print) . New York Times. /01/mukasey/print.html. Retrieved 2007-11-01. http://www.nytimes.com/2005/11/02/politics 13. ^ Mr. Cheneys Minority Report (http://www.nytimes.com/2007/07 /02aide.html?pagewanted=print. /09/opinion/09wilentz.html?pagewanted=all) by Sean Wilentz, July 9, 2007, 31. ^ Yoo, J., War by Other Means (New York: Atlantic Monthly Press, 2006), New York Times. pp. 33, 169. 14. ^ Khanna, Satyam (2007-10-09) Charlie Savage: Cheney Plotted Bush’s 32. ^ Andy Worthington (August 24, 2009). "An Interview with Col. Lawrence Imperial Presidency ‘Thirty Years Ago’ (http://thinkprogress.org/2007/10 Wilkerson, Part 2" (http://www.fff.org/comment/com0909b.asp) . The /09/savage-cheney/) , ThinkProgress Future of Freedom Foundation. http://www.fff.org/comment/com0909b.asp. 15. ^ Greenwald, Glenn (2011-03-31) Obamas new view of his own war Retrieved March 7, 2011. powers (http://www.salon.com/news/opinion/glenn_greenwald/2011/03 33. ^ Phillipe Sands (May 2008). "The Green Light" /31/executive_power/index.html) , Salon.com (http://www.vanityfair.com/politics/features/2008/05 16. ^ U.S. House of Representatives, Committee on the Judiciary, /guantanamo200805?printable=true&currentPage=all) . Vanity Fair. Subcommittee on the Constitution, Civil Rights, and Civil Liberties, http://www.vanityfair.com/politics/features/2008/05 Hearing on "From the Department of Justice to Guantanamo Bay: /guantanamo200805?printable=true&currentPage=all. Retrieved Administration Lawyers and Administration Interrogation Rules (Part III)," 2008-06-16. (http://judiciary.house.gov/hearings/printers/110th/43152.PDF) Serial No. 34. ^ U.S. House of Representatives, Committee on the Judiciary, 110-189, 110th Cong., 2d Sess., (June 26, 2008), p. 7. Subcommittee on the Constitution, Civil Rights, and Civil Liberties, 17. ^ Charlie Savage (2006-11-26). "Hail to the chief: Dick Cheneys mission Hearing on "From the Department of Justice to Guantanamo Bay: to expand - or restore - the powers of the presidency" Administration Lawyers and Administration Interrogation Rules (Part III)," (http://www.boston.com/news/nation/washington/articles/2006/11 (http://judiciary.house.gov/hearings/printers/110th/43152.PDF) Serial No. /26/hail_to_the_chief/?page=5) . The Boston Globe. 110-189, 110th Cong., 2d Sess., (June 26, 2008), pp. 56-57. http://www.boston.com/news/nation/washington/articles/2006/11 35. ^ U.S. House of Representatives, Committee on the Judiciary, /26/hail_to_the_chief/?page=5. Retrieved 2008-02-26. Subcommittee on the Constitution, Civil Rights, and Civil Liberties, 18. ^ Hagan, Joe (March 7, 2010), The Cheney Government in Exile Hearing on "From the Department of Justice to Guantanamo Bay: (http://nymag.com/news/politics/64601/) , New York Magazine, Administration Lawyers and Administration Interrogation Rules (Part III)," http://nymag.com/news/politics/64601/ (http://judiciary.house.gov/hearings/printers/110th/43152.PDF) Serial No. 19. ^ Murray Waas; Paul Singer (October 30, 2005). "Addingtons Role In 110-189, 110th Cong., 2d Sess., (June 26, 2008), p. 79. Cheneys Office Draws Fresh Attention" (http://nationaljournal.com/about 36. ^ Letter from Attorney General Eric Holder, Jr. to Senator John. D. /njweekly/stories/2005/1030nj1.htm) . National Journal. Rockefeller IV (http://intelligence.senate.gov/pdfs/olcopinion.pdf) of the http://nationaljournal.com/about/njweekly/stories/2005/1030nj1.htm. SSCI forwarding declassified narrative, (April 17, 2009). 20. ^ Horton, Scott (September 18, 2008). "Six Questions for Bart Gellman, 37. ^ Nominations Before the Senate Armed Services Committee, Second Author of Angler" (http://www.harpers.org/archive/2008/09/hbc-90003554) Session, 102d Congress, Committee on Armed Services (Hearing on . Harpers Magazine. http://www.harpers.org/archive/2008/09 nomination of David S. Addington to be General Counsel of the /hbc-90003554. Retrieved September 13, 2010. Department of Defense), (July 1, 1992), pp. 322-329. 21. ^ Walker v. Cheney, 230 F. Supp. 2d 51 (D.D.C. 2002) (GAO); Cheney v. 38. ^ Mayer, Jane, "The Dark Side: The Inside Story of How the War on Terror U.S. District Court, 542 U.S. 367 (2004) and In re Cheney, 406 F.3d 723 Turned Into a War on American Ideals", 2008. p. 199. (D.C. Cir. 2005) (Judicial Watch); In re Richard B. Cheney, Vice President, 39. ^ Jack Goldsmith, The Terror Presidency: Law and Judgment Inside the No. 08-5412 (D.C. Cir. 2008) (Citizens for Responsibility and Ethics in Bush Administration, pp. 100-01. Washington). 40. ^ "German War Crimes Complaint Against Donald Rumsfeld, et al." 22. ^ Jane Mayer, "The Hidden Power" (http://www.newyorker.com (http://ccrjustice.org/ourcases/current-cases/german-war-crimes-complaint- /fact/content/articles/060703fa_fact1) , The New Yorker, July 3, 2006. against-donald-rumsfeld,-et-al.) . Center for Constitutional Rights. Archived (http://www.webcitation.org/5LenPhMhu) 4 January 2007 at http://ccrjustice.org/ourcases/current-cases/german-war-crimes-complaint- WebCite against-donald-rumsfeld,-et-al.. Retrieved 2008-10-03. 23. ^ U.S. House of Representatives, Committee on the Judiciary, 41. ^ Prosecutor General at the Federal Supreme Court, Re: Criminal Subcommittee on the Constitution, Civil Rights, and Civil Liberties, Complaint against Donald Rumsfeld et al. (http://ccrjustice.org/files Hearing on "From the Department of Justice to Guantanamo Bay: /ProsecutorsDecision.pdf) , 3 ARP 156/06-2, (April 5, 2007). Administration Lawyers and Administration Interrogation Rules (Part III)," 42. ^ Jeffrey Rosen (2007-09-07). "Conscience of a Conservative" (http://judiciary.house.gov/hearings/printers/110th/43152.PDF) Serial No. (http://www.nytimes.com/2007/09/09/magazine/09rosen.html) . The New 110-189, 110th Cong., 2d Sess., (June 26, 2008), p. 47. York Times. http://www.nytimes.com/2007/09/09/magazine/09rosen.html. 24. ^ Dana Milbank (2004-10-11). "In Cheneys Shadow, Counsel Pushes the 43. ^ Goldsmith, Jack. The Terror Presidency. New York: W.W. Norton Conservative Cause" (http://www.washingtonpost.com/ac2/wp- (2007), p. 181. dyn/A22665-2004Oct10?language=printer) . The Washington Post. 44. ^ Barton Gelman (2008-09-14). "Conflict Over Spying Led White House to http://www.washingtonpost.com/ac2/wp- Brink" (http://www.washingtonpost.com/wp-dyn/content/article/2008/09 dyn/A22665-2004Oct10?language=printer. /13/AR2008091302284_pf.html) . The Washington Post. 25. ^ Statement of Deputy Assistant Attorney General Michelle Boardman http://www.washingtonpost.com/wp-dyn/content/article/2008/09 before the Senate Judiciary Committee on Presidential Signing Statements /13/AR2008091302284_pf.html. (http://www.fas.org/irp/congress/2006_hr/062706boardman.html) , (June 45. ^ Lyons, Patrick (December 19, 2007). "Fire In a White House Office 27, 2006) Building" (http://thelede.blogs.nytimes.com/2007/12/19/fire-in-office- 26. ^ Presidential Memorandum to Heads of Executive Departments and building-next-to-white-house/) . New York Times. Agencies on Presidential Signing Statements (http://www.whitehouse.gov http://thelede.blogs.nytimes.com/2007/12/19/fire-in-office-building-next-to- /the_press_office/Memorandum-on-Presidential-Signing-Statements/) , white-house/. Retrieved June 7, 2012. (March 9, 2009). 46. ^ Jane Mayer (2006-06-03). "The Hidden Power" 27. ^ Emily Brazelon (2007-11-18). "All the President’s Powers" (http://www.newyorker.com/archive/2006/07 (http://www.nytimes.com/2007/11/18/books/review/Bazelon- /03/060703fa_fact1?printable=true) . The New Yorker. p. 1. t.html?pagewanted=print) . The New York Times. http://www.nytimes.com http://www.newyorker.com/archive/2006/07 /2007/11/18/books/review/Bazelon-t.html?pagewanted=print. Retrieved /03/060703fa_fact1?printable=true. 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  5. 5. David Addington - Wikipedia, the free encyclopedia http://en.wikipedia.org/wiki/David_Addington 47. ^ Goldsmith, Jack. The Terror Presidency. New York: W.W. Norton 60. ^ Waas, M., ed., The United States v. I. Lewis Libby, New York: Union (2007), p. 88. Square Press (2007), pp. 174-195. 48. ^ Jane Mayer (2006-06-03). "The Hidden Power" 61. ^ "Cheneys Law" (http://www.pbs.org/wgbh/pages/frontline/cheney/) . (http://www.newyorker.com/archive/2006/07 Public Broadcasting System. 2007-10-16. http://www.pbs.org/wgbh/pages /03/060703fa_fact1?printable=true) . The New Yorker. p. 5. /frontline/cheney/. Retrieved 2007-11-07. http://www.newyorker.com/archive/2006/07 62. ^ Dan Eggen (2008-06-27). "Bush Policy Authors Defend Their Actions" /03/060703fa_fact1?printable=true. Retrieved 2008-06-27. (http://www.washingtonpost.com/wp-dyn/content/article/2008/06 49. ^ (ibid, p.5) /26/AR2008062601966_pf.html) . The Washington Post. 50. ^ (ibid, p. 1) http://www.washingtonpost.com/wp-dyn/content/article/2008/06 51. ^ U.S. House of Representatives, Committee on the Judiciary, /26/AR2008062601966_pf.html. Subcommittee on the Constitution, Civil Rights, and Civil Liberties, 63. ^ Scott Shane (2008-06-27). "Two Testify on Memo Spelling Out Hearing on "From the Department of Justice to Guantanamo Bay: Interrogation" (http://www.nytimes.com/2008/06/27/washington Administration Lawyers and Administration Interrogation Rules (Part III)," /27hearing.html) . The New York Times. http://www.nytimes.com/2008/06 (http://judiciary.house.gov/hearings/printers/110th/43152.PDF) Serial No. /27/washington/27hearing.html. 110-189, 110th Cong., 2d Sess., (June 26, 2008), p. 44-45. 64. ^ Dana Milbank (2008-06-27). "When Anonymity Fails, Be Nasty, Brutish 52. ^ Addington and the Question of Intent (http://www.fas.org/blog/secrecy and Short" (http://www.washingtonpost.com/wp-dyn/content/article/2008/06 /2007/06/addington_and_the_question_of_.html) , in Secrecy News, /26/AR2008062603456_pf.html) . The Washington Post. published by the Federation of American Scientists, June 28, 2007. http://www.washingtonpost.com/wp-dyn/content/article/2008/06 53. ^ Letter from Fred F. Fielding, Counsel to the President, to Senator Sam /26/AR2008062603456_pf.html. Brownback (http://www.fas.org/sgp/isoo/olc072007.pdf) , (July 12, 2007). 65. ^ U.S. House of Representatives, Committee on the Judiciary, 54. ^ Michael Isikoff (2007-12-24). "Challenging Cheney" Subcommittee on the Constitution, Civil Rights, and Civil Liberties, (http://www.newsweek.com/id/81883/output/print) . Newsweek. Hearing on "From the Department of Justice to Guantanamo Bay: http://www.newsweek.com/id/81883/output/print. Retrieved 2008-02-25. Administration Lawyers and Administration Interrogation Rules (Part III)," 55. ^ "Emergency Petition for a Writ of Mandamus" (http://judiciary.house.gov/hearings/printers/110th/43152.PDF) Serial No. (http://www.citizensforethics.org/files 110-189, 110th Cong., 2d Sess., (June 26, 2008) /093008%20-%20Writ%20of%20Mandamus.pdf) (PDF). United States 66. ^ McCarthy, Andrew C., Spains Universal Jurisdiction Power Play District Court for the District of Columbia. 2008-09-30. (http://article.nationalreview.com http://www.citizensforethics.org/files /?q=Y2NjYTNjM2U4OWEyNDI1ZWRiMDhmMGEyNGYxYjE2N2U=) , /093008%20-%20Writ%20of%20Mandamus.pdf. National Review (March 31, 2009) 56. ^ "Plaintiffs Opposition to Emergency Petition for a Writ of Mandamus" 67. ^ "Spain may decide Guantanamo probe this week" (http://in.reuters.com (http://www.citizensforethics.org/files /article/domesticNews/idINLT53678920090329?sp=true) . Reuters. /Document%2025%20(10-1-08)%20Opposition%20to%20Stay%20of%20 2009-03-28. http://in.reuters.com/article/domesticNews Mandamus.pdf) (PDF). United States District Court for the District of /idINLT53678920090329?sp=true. Retrieved 2009-03-29. mirror Columbia. 2008-10-01. http://www.citizensforethics.org/files (http://www.webcitation.org/query?url=http%3A%2F /Document%2025%20(10-1-08)%20Opposition%20to%20Stay%20of%20 %2Fin.reuters.com%2Farticle%2FdomesticNews%2FidINLT536789200903 Mandamus.pdf. date=2009-03-30) 57. ^ In re Richard B. Cheney, Vice President, No. 08-5412 (D.C. Cir. 2008). 68. ^ Spanish Judge Keeps Guantanamo Probe Alive (http://www.reuters.com 58. ^ "Indictment" (http://www.usdoj.gov/usao/iln/osc/documents /article/latestCrisis/idUSLH62645) , (April 7, 2009). /libby_indictment_28102005.pdf) in United States of America vs. I. Lewis 69. ^ Spains Attorney General Opposes Prosecutions of 6 Bush Officials on Libby, also known as "Scooter Libby", United States Department of Allowing Torture (http://www.nytimes.com/2009/04/17/world/europe Justice, October 28, 2005; accessed February 13, 2011 /17spain.html?ref=world) , April 16, 2009 59. ^ Daniel Klaidman; Stuart Taylor, Jr., and Evan Thomas (February 6, 70. ^ Spain Attorney General Against Guantanamo Probe 2006). "Palace Revolt" (http://www.msnbc.msn.com/id/11079547 (http://www.reuters.com/article/worldNews/idUSTRE53F1L620090416) , /site/newsweek/) . Newsweek. http://www.msnbc.msn.com/id/11079547 (April 16, 2009). /site/newsweek/. 71. ^ 44 U.S.C. 2207 External links "Pushing the Limit on Presidential Powers," by Barton Gellman and Jo Becker (http://blog.washingtonpost.com/cheney/chapters /pushing_the_envelope_on_presi/index.html) , The Washington Post, Monday, June 25, 2007 "The Hidden Power," by Jane Mayer (http://www.newyorker.com/archive/2006/07/03/060703fa_fact1) , profile of David Addington in the July 3, 2006, issue of The New Yorker magazine. The New Yorker magazine Q&A with Jane Mayer about her David Addington article (http://www.newyorker.com/online/content/articles /060703on_onlineonly01) Fresh Air with Terry Gross interview of Jane Mayer about her David Addington article (http://www.npr.org/templates/story /story.php?storyId=5535251) July 5, 2006 David Addingtons campaign contributions (http://www.newsmeat.com/washington_political_donations/David_Addington.php) Democracy Now! coverage of Addingtons appointment as chief of staff for Vice-President Dick Cheney and his role in the expansion of presidential power (http://www.democracynow.org/article.pl?sid=05/11/01/1518210) Meet David Addington: Cheneys Guy (http://www.usnews.com/usnews/news/articles/060529/29addington.htm) "50 Most Powerful People in D.C." (http://men.style.com/gq/features/full?id=content_5843&pageNum=2) , GQ Magazine, August, 2007 December 12, 2002 letter from Addington as OVP general counsel to operator of parody website (http://whitehouse.georgewbush.org /administration/love_letter.asp) The Man Behind the Torture (http://www.nybooks.com/articles/20858) , New York Review of Books, Volume 54, Number 19, December 6, 2007. Madness and Shame (http://www.nytimes.com/2008/07/22/opinion/22herbert.html?_r=1&ref=opinion) , New York Times, July 22, 2008. Reports and commentaries by David Addington (http://www.heritage.org/research/all-research?author_id={1915A783-7984-4396- B581-D5AFE2EBD1E6}) , The Heritage Foundation Political offices Preceded by Chief of Staff to the Vice President of the United States Succeeded by I. Lewis "Scooter" Libby Jr. 2005–2009 Ronald Klain5 of 6 8/23/2012 9:43 PM
  6. 6. David Addington - Wikipedia, the free encyclopedia http://en.wikipedia.org/wiki/David_Addington Retrieved from "http://en.wikipedia.org/w/index.php?title=David_Addington&oldid=505735476" Categories: 1957 births Living people Duke University alumni Edmund A. Walsh School of Foreign Service alumni George W. Bush Administration personnel George H. W. Bush administration personnel Heritage Foundation People of the Central Intelligence Agency Reagan Administration personnel United States presidential advisors Washington, D.C. lawyers Washington, D.C. Republicans This page was last modified on 4 August 2012 at 12:51. Text is available under the Creative Commons Attribution-ShareAlike License; additional terms may apply. See Terms of use for details. Wikipedia® is a registered trademark of the Wikimedia Foundation, Inc., a non-profit organization.6 of 6 8/23/2012 9:43 PM
  7. 7. David Addington is the most powerful man youve never heard of. Heres... http://www.usnews.com/usnews/news/articles/060529/29addington_print.htm Politics & Policy Health Money Education Science Travel Cars Rankings Cheneys Guy Hes barely known outside Washingtons corridors of power, but David Addington is the most powerful man youve never heard of. Heres why: By Chitra Ragavan Posted 5/21/06 One week after the September 11 terrorist attacks, President George W. Bush briefly turned his gaze away from the unfolding crisis to an important but far less pressing moment in the nations history. The president signed legislation creating a commission to celebrate the 50th anniversary of Brown v. Board of Education, the landmark Supreme Court ruling desegregating public schools. In a brief statement, Bush invited the various educational groups listed in the legislation to suggest the names of potential commissioners and also urged members of Congress to weigh in, as a "matter of comity." But in a little-noted aside, Bush said that any such suggestions would be just that--because under the appointments clause of the Constitution, it was his job, and his alone, to make those kinds of decisions. This was what is known, in the cloistered world of constitutional lawyers and scholars, as a "signing statement." Such statements, in the years before President Bush and his aides moved into the White House, were rare. A signing statement is a legal memorandum in which the president and his lawyers take legislation sent over by In the White House Congress and put their stamp on it by saying what they believe the Emergency Operations measure does and doesnt allow. Consumed by the 9/11 attacks, Center, 9/11. Addington is Americans for the most part didnt realize that the signing statement standing at rear. DAVID BOHRER--THE WHITE accompanying the announcement of the Brown v. Board HOUSE commission would signal one of the most controversial hallmarks of the Bush presidency: a historic shift in the balance of power away from the legislative branch of government to the executive. The shift began soon after Bush took office and reached its apogee after 9/11, with Bushs authorization of military tribunals for terrorism suspects, secret detentions and aggressive interrogations of "unlawful enemy combatants," and warrantless electronic surveillance of terrorism suspects on U.S. soil, including American citizens. The "invisible hand." Much of the criticism that has been directed at these measures has focused on Vice President Dick Cheney. In fact, however, it is a largely anonymous government1 of 12
  8. 8. David Addington is the most powerful man youve never heard of. Heres... http://www.usnews.com/usnews/news/articles/060529/29addington_print.htm lawyer, who now serves as Cheneys chief of staff, who has served as the ramrod driving the Bush administrations most secretive and controversial counterterrorism measures through the bureaucracy. David Addington was a key advocate of the Brown v. Board and more than 750 other signing statements the administration has issued since taking office--a record that far outstrips that of any other president. The signing statements are just one tool that Addington and a small cadre of ultraconservative lawyers at the heart of the Bush administration are employing to prosecute the war on terrorism. Little known outside the West Wing and the inner sanctums of the CIA, the Pentagon, and the State Department, Addington is a genial colleague who also possesses an explosive temper that he does not hesitate to direct at those who oppose him. Addington, says an admiring former White House official, is "the most powerful person no one has never heard of." Name one significant action taken by the Bush White House after 9/11, and chances are better than even that Addington had a role in it. So ubiquitous is he that one Justice Department lawyer calls Addington "Adam Smiths invisible hand" in national security matters. The White House assertion--later proved false--that Saddam Hussein tried to buy nuclear precursors from Niger to advance a banned weapons program? Addington helped vet that. The effort to discredit a former ambassador who publicly dismissed the Niger claim as baseless, by disclosing the name of his wife, a covert CIA officer? Addington was right in the middle of that, too, though he has not been accused of wrongdoing. In national security circles, Addington is viewed as such a force of nature that one former government lawyer nicknamed him "Keyser Soze," after the ruthless crime boss in the thriller The Usual Suspects. "He seems to have his hand in everything," says a former Justice Department official, "and he has these incredible powers, energy, reserves in an obsessive, zealots kind of way." Addington declined repeated requests to be interviewed for this story. Addingtons admirers say he is being demonized unfairly. "This is a new war, an unconventional war," says an informal Cheney adviser, Mary Matalin. "When you are making new policy to meet new challenges, you are going to get vicious opposition." Few would have predicted that Addington, 49, would become such a lightning rod. Tall, bearded, and imposing, Addington has the look, says former White House associate counsel Bradford Berenson, of "a rumpled bureaucrat crossed with a CIA spook." The son of a career military official, Addington was born and raised in the nations capital and was in the eighth or ninth grade when he read Catherine Drinker Bowens Miracle at Philadelphia: The Story of the Constitutional Convention, May to September 1787.2 of 12
  9. 9. David Addington is the most powerful man youve never heard of. Heres... http://www.usnews.com/usnews/news/articles/060529/29addington_print.htm "The next battlefield." Thus began a lifelong love affair with the U.S. Constitution. Even today, Addington carries a copy in his pocket and doesnt hesitate to wield it to back up his arguments. "The joke around here," says a senior congressional staffer with a chuckle, "is that Addington looks at the Constitution and sees only Article II, the power of the presidency." Berenson, Bushs former associate counsel, says thats because Addington is so intensely security minded: "Hes absolutely convinced of the threat we face. And he believes that the executive branch is the only part of the government capable of securing the public against external threats." Addington, Berenson adds, is a national security conservative with a twist. "Hes not the intellectual legal conservative of the Federalist Society type," Berenson says, referring to the group of conservative lawyers esteemed by the likes of Supreme Court Justice Antonin Scalia, "for whom judicial restraint is the holy grail. Hes much more of a Cold War conservative who has moved on to the next battlefield." Addington began his government career 25 years ago, after graduating summa cum laude from the Georgetown University School of Foreign Service and with honors from the Duke University Law School. He started out as an assistant general counsel at the CIA and soon moved to Capitol Hill and served as the minoritys counsel and chief counsel on the House intelligence and foreign affairs committees. There, he began his long association with Cheney, then a Wyoming congressman and member of the intelligence panel. Addington and Cheney--who served as President Gerald Fords chief of staff--shared the same grim worldview: Watergate, Vietnam, and later, the Iran-contra scandal during President Reagans second term had all dangerously eroded the powers of the presidency. "Addington believes that through sloppy lawyering as much as through politics," says former National Security Council deputy legal adviser Bryan Cunningham, "the executive branch has acquiesced to encroachment of its constitutional authority by Congress." When Cheney became ranking Republican on the House select committee investigating the Iran-contra scandal, Addington helped write the strongly worded minority report that said the law barring aid to the Nicaraguan contras was unconstitutional because it improperly impinged on the presidents power. The argument would become the cornerstone of the Bush administrations post-9/11 policies. A second critical article of faith for Addington has to do with the presidential chain of command. "He believes there should be the shortest possible distance from the president to his cabinet secretaries, and he does not like staffers or coordinating bodies in that chain of command," says Cunningham, who worked closely with Addington and also was a Clinton administration lawyer. Guide stars. Addington is a strong adherent of the so-called unitary executive theory, which is3 of 12
  10. 10. David Addington is the most powerful man youve never heard of. Heres... http://www.usnews.com/usnews/news/articles/060529/29addington_print.htm cited frequently and prominently in many of Bushs legislative signing statements. The theory holds that the president is solely in charge of the executive branch and that Congress, therefore, cant tell him how to carry out his executive functions, whom to pick for what jobs, or through whom he must report to Congress. Executive power, separation of power, a tight chain of command, and protecting the unitary executive--those became the guide stars of Addingtons legal universe. Addington spent two years in the Reagan White House in a variety of positions. When George H.W. Bush was elected president, Addington moved to the Pentagon to help with the confirmation hearings for Bushs nominee for defense secretary, former Texas Sen. John Tower. Cheney, meanwhile, had just been named the new Republican whip in the House and hired Addington as his new counsel. Addington switched jobs, but within weeks, the Senate rejected the Tower nomination, and Bush tapped Cheney to be his new nominee for defense secretary. Addington dug in, helped Cheney prepare for his confirmation hearings, and subsequently became his special assistant. Addington, says one of Cheneys closest friends and colleagues, David Gribbin, "became the most powerful staffer in the Pentagon" because he processed virtually all the position papers flowing to and from the secretary and deputy secretary. Still, Gribbin says he never viewed Addington as a gatekeeper, but many others did. "If David and I ever tangled," says one former senior Pentagon official, "it was because I may have thought a time or two that he was overzealous in his defense of the prerogatives of the secretary." Those prerogatives, however, were sacrosanct to Addington. If a staffer submitted a draft memo for President Bush that copied Cheney and the Joint Chiefs of Staff, Addington would cross out the latter. "He would say, the president talks to the secretary, and the secretary can do what he wants," says the former Pentagon official. Oddly, Addington "abhorred" the use of Latin phrases in memos, this official says, and would slash them out with his infamous red pen. It wasnt long before Addington became the militarys top lawyer. As the Pentagon general counsel, Addington soon alienated the armed forces judge advocate generals by authoring a memo ordering the proudly independent corps of career military attorneys to report to the general counsel of each service. "He wanted the military services to be not so independent," says a retired Navy JAG, Rear Adm. Don Guter. "It came under the rubric of civilian control of the military. Its centralization. Its control." The JAG officers fought back and, with Congresss support, remained independent. But Addington, typically, found another way to prevail. He wrote a memo decreeing that only the general counsel of each service--not the JAGs--could issue final legal opinions. After George W. Bush was elected president in 2000 (Addington sat out the Clinton years, in private practice),4 of 12
  11. 11. David Addington is the most powerful man youve never heard of. Heres... http://www.usnews.com/usnews/news/articles/060529/29addington_print.htm Guter warned his colleagues: "I said, Stand by, these same people are coming back. And you remember what they tried to do last time." After the 9/11 attacks, the JAG officers were marginalized from the decision making on military tribunals and detainee treatment policies. They became among President Bushs most vocal critics within the military. By then, the odds were tilted overwhelmingly in Addingtons favor. In January 2001, he became Cheneys legal counsel and, according to former Solicitor General Theodore Olson, the vice presidents "eyes, ears, and voice." Cheney implicitly trusts Addington on judgment calls because they are, in the words of adviser Matalin, "the same kind of person--Addington was always the first among equals when the vice president sought advice. And he has always been the final voice and analysis on what we were discussing." Cheney and his aide are so close, says Nancy Dorn, an Addington colleague from the Reagan, George H.W. Bush, and George W. Bush years, that they "hardly even have to communicate with words." Addington, his colleagues say, is modest, courtly, and family oriented. He commutes to the White House by Metro when he could easily command a government car, usually eats at the staff table at the White House mess, and spends weekends cheering at his daughters soccer games. "There are a lot of transactional people in Washington," says Matalin. "Hes not one of them. Hes a good soul." According to critics, the reason Addington is such an effective bureaucratic infighter is that hes an intellectual bully. "David can be less than civilized," one official says. "He can be extremely unpleasant." Others say its because Addington is a superb lawyer and a skilled debater who arms himself with a mind-numbing command of the facts and the law. Still others attribute Addingtons power to the outsize influence of Cheney. "Addington does a very good job," says a former justice official who has observed him, "of harnessing the power of the vice president." But its a subtle kind of harnessing. Addington, according to current and former colleagues, rarely if ever invokes Cheneys name. An administration official says that its sometimes unclear whether Addington is even consulting the vice president. But Cheney is always the elephant in the room. "People perceive that this is the real power center," says attorney Scott Horton, who has written two major studies on interrogation of terrorism suspects for the New York City Bar Association, "and if you cross them, they will destroy you." "Grab bag." If he can dish out the lumps inside the bureaucracy, Addington has also taken a share of his own--in court. Many of the post-9/11 policies--of which Addington was the central architect--have been questioned by federal judges and repudiated by even some of the administrations advocates, including indefinite detention of terrorism suspects without access5 of 12
  12. 12. David Addington is the most powerful man youve never heard of. Heres... http://www.usnews.com/usnews/news/articles/060529/29addington_print.htm to legal recourse, creation of military commissions, and aggressive interrogation tactics. "Theyve inflicted wounds unnecessarily," says a former Justice Department lawyer. "They treated the post-9/11 situation as a grab bag and gave the administration a bad name." Win or lose, those who know him say Addington simply outworks his adversaries. Even when lightning caused a fire that nearly destroyed his home, Addington missed just a day of work. His office piled high with paperwork, eschewing a secretary, Addington is impossible to reach by phone, but he E-mails colleagues at all hours of the day and night about urgent government business and, sometimes, his own arcane intellectual pursuits, like British high court decisions and Australian Supreme Court rulings. "Its clear," says a former White House official, "that he has a wellspring of information to back up that wellspring of opinion." Addingtons capacity to absorb complex information is legendary. "My joke about David Addington is this is a guy who can throw the U.S. budget in the air," says Gribbin, "and before it hits the ground, mark it with up with his red pen." A voracious consumer of information, Addington keeps tabs on judicial selections, U.S. attorney nominations, and political polls. He is, says his former colleague Nancy Dorn, "granular" and "microscopic," adding: "There was no issue too small, his eyes would catch it. It used to drive me crazy. But thats what you need." Addingtons position in Cheneys office--at "the sausage end of the sausage-making machine," as one former Justice official describes it--allows him to wield enormous influence because he is typically the second-to-last lawyer to vet documents be-fore they land on the presidents desk. "David was exceptionally good," says Cunningham, the former deputy legal adviser to the National Security Council, "at keeping his powder dry until the last minute." Addingtons bottom line, those who know him say, is ensuring that even if the administration loses on a policy issue, the principle of executive power is protected. "He was very disciplined about knowing and articulating the difference," says Cunningham, "between constitutional legal issues and policy issues." That became evident when Addington began his first big legal battle, in early 2001, after Cheney refused to release documents relating to a controversial energy task force that he headed. Two private watchdog groups and Congress sued to find out whether energy industry lobbyists improperly sat on the task force and influenced administration policy. In a series of letters to David Walker, the comptroller general of the Government Accountability Office, the investigative arm of Congress, Addington argued that neither Congress nor the courts could "intrude into the heart of executive deliberations," because it would inhibit the "candor" necessary to "effective government." Addington argued strenuously that no matter what the6 of 12
  13. 13. David Addington is the most powerful man youve never heard of. Heres... http://www.usnews.com/usnews/news/articles/060529/29addington_print.htm political or policy outcomes, protecting the information sought by the task force was the right thing to do. "They gave up short-term political expediency," Berenson says, "for the larger constitutional principle." More than three years later, Addingtons judgment was vindicated by the Supreme Court, which refused to order the Bush administration to release the documents. Tough guys. The 9/11 attacks became the crucible for the administrations commitment to restoring presidential power and prerogative. In the national security arena, the expansive view is that the president, as commander in chief, has the inherent authority to exercise vast powers to secure the nation from external threats. But even some pro-presidential lawyers in the administration argued in favor of exercising caution with that approach. "My advice was that we need to take the least aggressive position consistent with what we need to do," says a former Justice Department official. "It lets you build on it, and it doesnt make you look so extreme." That was the crux of the post-9/11 debate. In the months after the attacks, the White House made three crucial decisions: to keep Congress out of the loop on major policy decisions like the creation of military commissions, to interpret laws as narrowly as possible, and to confine decision making to a small, trusted circle. "Theyve been so reluctant to seek out different views," says one former official. "Its not just Addington. Its how this administration works. Its a very narrow, tight group." That core group consisted of Bushs counsel and now attorney general, Alberto Gonzales; his deputies, Timothy Flanigan and David Leitch; the Pentagons influential general counsel, William Haynes; and a young attorney named John Yoo, who worked in the Justice Departments Office of Legal Counsel. Whether or not he became the de facto leader of the group, as some administration officials say, Addingtons involvement made for a formidable team. "You put Addington, Yoo, and Gonzales in a room, and there was a race to see who was tougher than the rest and how expansive they could be with respect to presidential power," says a former Justice Department official. "If you suggested anything less, you were considered a wimp." Others say Addington and Flanigan influenced Gonzales, who lacked their national security background. Addington had close ties to Yoo, Haynes, and Flanigan. Yoo was Addingtons protege and Haynes squash buddy. Haynes, whose friendship with Addington dates back nearly two decades, was backed by Rumsfeld and his neoconservative deputies Stephen Cambone and Paul Wolfowitz. Addington and Flanigan had also become close, having experienced 9/11 from an extraordinary vantage point--Flanigan from the White House Situation Room, Addington by7 of 12
  14. 14. David Addington is the most powerful man youve never heard of. Heres... http://www.usnews.com/usnews/news/articles/060529/29addington_print.htm Cheneys side at the Presidents Emergency Operations Center in a bunker underneath the complex. In the weeks and months after the attacks, says a former White House official, the two men would often take secret trips to undisclosed locations together, including the Guantanamo naval base in Cuba, where the Pentagon began holding hundreds of detainees. One time, they even showed up together on a nuclear submarine. Addington, clearly, was a force behind the scenes in the legal skirmishing within the administration. "Thered be lurches in policy; we wouldnt know what was going on," says Admiral Guter. "Haynes would have meetings at the White House with Gonzales and Addington, and hed come back and give the next iteration of what we were doing, and wed scratch our heads and say, Where did that come from?" One of Addingtons most important allies in asserting presidential power was the OLCs Yoo. Traditionally, OLC staffers tend to be longtime career lawyers who ensure that the tenor of the legal opinions rendered is devoid of political overtones. After 9/11, however, OLC lawyers drafted a series of opinions that many career Justice Department attorneys viewed as having traduced the offices heritage of nuanced, almost scholarly, legal analysis. Addington, according to several Justice Department officials, helped Yoo shape some of the most controversial OLC memos. The administrations first goal was winning passage of a congressional resolution authorizing the use of military force. The Pentagon and Joint Chiefs of Staff wanted Congress to define the conflict narrowly and authorize the use of force against al Qaeda and its confederates, as well as the Taliban. "It has a good impact on morale to have a conflict thats narrowly defined and easily winnable," says attorney Horton. But Addington and Cheney, according to Horton, "really wanted it [defined more broadly], because it provided the trigger for this radical redefinition of presidential power." In an Addington-influenced OLC opinion issued shortly after 9/11, Yoo wrote that Congress cant "place any limits on the presidents determinations as to any terrorist threat, the amount of military force to be used in response, or the method, timing, and nature of the response." A second critically important issue was what to do with those captured on the field of battle. The State Departments ambassador at large for war crimes issues, Pierre Prosper, headed an interagency group within the administration and began exploring ideas. National Security Council legal adviser John Bellinger was a key member of the group, which discussed options ranging from military tribunals to prosecutions in federal court. The discussions were short- circuited, several former administration officials say, when Flanigan, one of Gonzaless two top8 of 12
  15. 15. David Addington is the most powerful man youve never heard of. Heres... http://www.usnews.com/usnews/news/articles/060529/29addington_print.htm aides, wrested away the groups work product on military commissions. With Berensons and Addingtons assistance, Flanigan wrote a draft order for the White House, based on an OLC memo arguing that the president had the legal authority to authorize military commissions-- period. That led Bush, on November 13, to authorize the secretary of defense to create military commissions to deal with "unlawful enemy combatants." The Pentagons entire corps of JAG officers was kept in the dark, as were Ambassador Prosper, Bellinger, then National Security Adviser Condoleezza Rice, and then Secretary of State Colin Powell. When Bush issued the executive order, a furious Bellinger confronted Gonzales in his office, administration sources say, to protest what he viewed as an end run. Gonzales and Bellinger would have many similar heated discussions about Addingtons policy influence. "Optics." Prosper felt the military commissions order was workable but believed the commissions rules would make or break the orders credibility. He, Bellinger, and others believed that the administration ought to have an independent review component, perhaps even a civilian one, to allay the distrust of European governments toward all things military. "Its important that sometimes you put in a rule we may not end up using," says Prosper, "but the optics are good for public opinion." But Addington, Flanigan, Gonzales, and especially Haynes remained adamantly against the civilian review idea, current and former officials say. On military commissions and other issues, Addingtons frequent sparring partner was Bellinger, administration officials say, because Addington viewed Bellinger--who had begun to voice deep concerns about the secrecy and the lack of interagency coordination and input--as "weak kneed." Tensions between Addington and others in the administration would flare again and again. One vexing issue, for instance, was whether to treat members of the Taliban captured in Afghanistan as prisoners of war. Addingtons colleague, Yoo, called Afghanistan a "failed state" and argued that Taliban fighters therefore didnt constitute a real army but were more of a "militant terrorist-like group." A draft memorandum, dated Jan. 25, 2002, signed by Gonzales and written, sources say, by Flanigan with Addingtons input, called Yoos opinion "definitive." The war on terrorism, Gonzales extrapolated, is a "new paradigm" that "renders obsolete" the "strict limitations" the Geneva Conventions place on interrogations and "renders quaint" the protections it affords prisoners. Some government lawyers believed Bush could have announced his decision without endorsing the controversial "failed state" theory. "Its the least you need to say to get the president what he wants," says a former Justice official. "They go beyond where they need to go."9 of 12
  16. 16. David Addington is the most powerful man youve never heard of. Heres... http://www.usnews.com/usnews/news/articles/060529/29addington_print.htm If the question of incarceration was vexing, the question of how to extract information from those incarcerated was positively inflammatory. In August 2002, the head of OLC, Jay Bybee, signed a memo interpreting the U.S. law prohibiting torture and implementing the U.N. Convention Against Torture. Addington helped shape the Bybee memo, which was authored by Yoo. Once again, the State Department--which has the lead role in monitoring implementation of the treaty--was left out of the discussions. Bybee, Yoo, and Addington saw the torture statute, unsurprisingly, as an unwarranted infringement on executive-branch power. Their goal was to interpret it as narrowly as possible, and their memo, consequently, explored the outer limits of the interrogation methods the statute allowed. The three lawyers agreed that the president could override or ignore the statute, as needed, to protect national security. And they concluded that those who engaged in conduct that might violate the law might nevertheless have an appropriate legal defense based on "self- defense" or "necessity." The Bybee memo caused a storm of protest in the legal community, including among many conservative lawyers inside the Justice Department. "From the beginning, no one has ever said we would violate the torture statute," says a former Justice Department official. "So why would you write a memo writing all the ways we could violate the statute? Its just dumb." In October 2003, Bybees replacement as the head of OLC, Jack Goldsmith, began reviewing all the "war on terror" memos the office had generated and later told the Pentagon not to use the Bybee memo. Deputy Attorney General James Comey soon ordered the memo withdrawn, and another OLC attorney, Daniel Levin, then wrote a more limited opinion that scrapped whole sections of the Bybee memo. Unlike Bybee, Levin circulated his draft memo widely and made revisions, according to Justice Department officials, after lawyers at the State Department and other agencies had commented on it. As with the incarceration and interrogation issues, President Bushs decision, within days of the 9/11 attacks, to authorize the National Security Agency to conduct electronic surveillance inside the United States, without review by the secret Justice Department intelligence court, had David Addingtons handwriting all over it. Bush, Addington and others in the small coterie of conservative administration lawyers argued, had the authority to order the secret surveillance under his constitutional authority as commander in chief and by the authority granted to him by Congresss use-of-force resolution before the invasion of Afghanistan. Goldsmith and Patrick Philbin werent so sure. In March 2004, the two Justice Department lawyers expressed their doubts about the program to Comey, the deputy attorney general. Like Addington, Goldsmith and Philbin are extremely conservative and pro-presidential power. But according to former10 of 12
  17. 17. David Addington is the most powerful man youve never heard of. Heres... http://www.usnews.com/usnews/news/articles/060529/29addington_print.htm Justice Department attorneys who know both men, they are also careful lawyers who found Addington and Yoos legal analysis and opinions to be sloppy and overreaching. By reviewing all the "war on terror" memos, says a former Justice Department attorney, "part of what Jack was doing was returning OLC more to its traditional role." Addington excoriated Goldsmith over what he viewed as his betrayal, administration officials say, and his response, several individuals who know him say, was entirely in keeping with his character. People in the front lines of the war on terrorism "were relying on these memos," says one former Justice Department official. "People felt like youre changing the rules on us; youre running for the hills." That, says Cheney adviser Matalin, is antithetical to Addingtons makeup: "Once hes disaggregated the problem and reaggregated the solution," Matalin says, "he can stand his ground." "Angels." In recent months, the battle over executive power has pitted Addington and Cheney against Sen. John McCain, the Arizona Republican who spearheaded an amendment banning the use of torture or cruel, inhumane, or degrading treatment of detainees. The administration wanted McCain to include presidential discretion to shield interrogators from prosecution and immunity for officials who approved acts of abuse. Cheneys office was deeply engaged in pushing the changes--and in trying to scotch the McCain legislation. "It was coming from Addington," says Horton, "time and time again." Bush threatened to veto the McCain legislation, and Cheney personally joined the fray, urging Republican senators to exempt the CIA from the provisions. In the end, Bushs national security adviser, Stephen Hadley, met with McCain to negotiate a compromise when it became clear that McCain had rolled up veto-proof majorities in the House and Senate. The McCain amendment requires the government to set out uniform standards for detainee interrogations in an updated field manual. The manual was last revised after the 1992 Gulf War and ceased to have legal force in 2002. A new manual has not been reissued. "Addington has been the principal reason there has been no manual," Horton says. "Its his refusal to accept Geneva Conventions on any terms. We know this for a fact." As legal scholars continue to examine the governments 9/11 policies, David Addingtons singular presence looms larger than ever. What is unclear, at this juncture anyway, is how history will regard him: as a legal path setter who devised innovative means to help a president defeat an unconventional enemy or as a dangerous advocate who, in pushing the envelope legally to help prosecute the war on terrorism, set U.S. foreign policy, and Americas image in the world, back by decades. Even his toughest critics in the administration say Addington believes utterly that he is acting in good faith. "He thinks hes on the side of the angels," says a former Justice Department official. "And thats what makes it so scary."11 of 12
  18. 18. David Addington is the most powerful man youve never heard of. Heres... http://www.usnews.com/usnews/news/articles/060529/29addington_print.htm With research assistance from the U.S. News library This story appears in the May 29, 2006 print edition of U.S. News & World Report.12 of 12