Rikki,

At issue is the "selective declassification" of the identity of Plame within a broader declassification process. as to whether it was done for purpose of attacking Wilson, Cheney's handwritten notes offer ample evidence of intent.

It is my layperson's understanding that CIA has a prescriptive declassification process for NIEs. This process was not following in the selective declassification by the White House of Plame's identity.

From Commondreams.org (April 2006):

Can a President or Vice President Unilaterally and Selectively Declassify?

Assuming that Libby's testimony is accurate, did the President do anything wrong by so declassifying the NIE? Given the fact that the national security classification system is created by executive order of the president, it would appear logical that the president has authority to unilaterally and selective declassify anything he might wish. However, that is not the way any president has ever written the executive orders governing these activities. To the contrary, the orders set forth rather detailed declassification procedures.

In addition, there is law that says that when a president issues an executive order he must either amend that executive order, or follow it just as others within the executive branch are required to do. At present, we have so few facts it is difficult to know what precisely Bush did and how he did it, and thus whether or not this law is applicable. There is also the problem that no one has standing in court to challenge a president's refusal to follow his own rules. But voters may take note of the disposition of this administration to play by the rules, and put a Democratic Congress in place to keep an eye on the last two years of the Bush/Cheney presidency.

What is apparent, however, based on Fitzgerald's filing, is that no one other than Bush, Cheney, Libby and apparently Addington was aware of this unilateral and selective declassification - if, indeed, the NIE was declassified. The secrecy surely suggests cover-up. For example, Fitzgerald notes that Libby "consciously decided not to make [then Deputy National Security Adviser] Hadley aware of the fact that defendant [Libby] himself had already been disseminating the NIE by leaking it to reporters while Mr. Hadley sought to get it formally declassified." (Also, CIA Director George Tenet apparently was not aware of the partial declassification by Bush.)

Whatever authority Bush may or may not have had, however, it is crystal clear that Vice President Cheney did not have any authority to unilaterally and selectively declassify the NIE.

Recently, Cheney made the public claim (to Brit Hume of Fox News) that he had authority to declassify national security information. Learning of this, Congressman Henry Waxman asked the Congressional Reference Service of the Library of Congress, which issues non-partisan reports, whether Cheney was right. CRS found that the Vice President has limited declassification authority, generally speaking. And their report shows Cheney had no authority in this instance - only in situations where the Vice President had been the authority to classify the material in the first place, could the Vice President have the authority to unilaterally declassify it.