Cheney: If president does it during wartime, it's legal

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Andrew McLemore
Published: Sunday December 21, 2008

All of President Bush's actions during his years as a wartime leader were done with full legal authority, Vice President Dick Cheney said on Fox News Sunday.

Asked by Chris Wallace if it's legal when the president makes a decision to help the country when it's fighting a war, Cheney said, "As a general proposition, I'd say yes."

"You need to be more specific than that, but clearly when you take the oath to support, protect and defend the Constitution of the United States from all enemies foreign and domestic, there's no question about what your responsibilities are in that regard," Cheney said.

The Vice President acknowledged that there are arguments about how Bush exercised his powers, but remained adamant that his administration stayed loyal to the Constitution.

Cheney explained that the president's 24/7 access to nuclear codes in the event of an nuclear attack against the United States exemplifies the "nature of the world we live in."

"He could launch the kind of devastating attack the world has never seen," Cheney said. "He doesn't have to check with anybody, he doesn't have to call Congress, he doesn't have to check with the courts, he has that authority."

Defending policies on detainees, terrorist surveillance and intelligence gathering as justified in a time of war, Cheney said "It's unfortunate, but I think we're perfectly appropriate to take the steps we have."

Cheney also said he did not know if Al-Qaeda leader Osama bin Laden was still alive.

"I don't know and I'm guessing he is," Cheney said. "We've had certain pieces of evidence become available from time to time, there'll be a photograph released or something that allows the intelligence community to judge that he is still alive."

Asked by Wallace to address the current crisis in the American auto industry, Cheney demurred, saying the responsibility of finding a solution lies with President-elect Barack Obama and his administration.

Cheney says it's a difficult problem and that President George W. Bush has done his best to manage it. It was just on Friday when Bush ordered an emergency bailout of the industry by offering $17.4 billion in loans. The aid comes with tough concessions from the carmakers and their workers.