Second term (2005–2009)
Bush and Cheney were re-elected in the 2004 presidential election, running against John Kerry and his running mate, John Edwards. During the election, the pregnancy of his daughter Mary and her sexual orientation as a lesbian became a source of public attention for Cheney in light of the same-sex marriage debate. Cheney later stated that he was in favor of gay marriages personally, but that each individual U.S. state should decide whether to permit it or not. Cheney's former chief legal counsel, David Addington, became his chief of staff and remained in that office until Cheney's departure from office. John P. Hannah served as Cheney's national security adviser.
Until his indictment and resignation in 2005, I. Lewis "Scooter" Libby Jr. served in both roles.
On the morning of July 21, 2007, Cheney once again served as acting president, from 7:16 am to 9:21 am. Bush transferred the power of the presidency prior to undergoing a medical procedure, requiring sedation, and later resumed his powers and duties that same day.
After his term began in 2001, Cheney was occasionally asked if he was interested in the Republican nomination for the 2008 presidential election. However, he always maintained that he wished to retire upon the expiration of his term and he did not run in the 2008 presidential primaries. The Republicans nominated Arizona Senator John McCain.
Cheney was a prominent member of the National Energy Policy Development Group (NEPDG), commonly known as the Energy Task Force, composed of energy industry representatives, including several Enron executives. After the Enron scandal, the Bush administration was accused of improper political and business ties. In July 2003, the Supreme Court ruled that the United States Department of Commerce must disclose NEPDG documents, containing references to companies that had made agreements with the previous Iraqi government to extract Iraq's petroleum.
Beginning in 2003, Cheney's staff opted not to file required reports with the National Archives and Records Administration office charged with assuring that the executive branch protects classified information, nor did it allow inspection of its record keeping.
Cheney refused to release the documents, citing his executive privilege to deny congressional information requests. Media outlets such as Time magazine and CBS News questioned whether Cheney had created a "fourth branch of government" that was not subject to any laws. A group of historians and open-government advocates filed a lawsuit in the United States District Court for the District of Columbia, asking the court to declare that Cheney's vice-presidential records are covered by the Presidential Records Act of 1978 and cannot be destroyed, taken or withheld from the public without proper review.
On October 18, 2005, The Washington Post reported that the vice president's office was central to the investigation of the Valerie Plame CIA leak scandal, for Cheney's former chief of staff, Lewis "Scooter" Libby, was one of the figures under investigation. Libby resigned his positions as Cheney's chief of staff and assistant on national security affairs later in the month after he was indicted.
In February 2006, The National Journal reported that Libby had stated before a grand jury that his superiors, including Cheney, had authorized him to disclose classified information to the press regarding intelligence on Iraq's weapons. That September, Richard Armitage, former deputy secretary of state, publicly announced that he was the source of the revelation of Plame's status. Armitage said he was not a part of a conspiracy to reveal Plame's identity and did not know whether one existed.
On March 6, 2007, Libby was convicted on four felony counts for obstruction of justice, perjury, and making false statements to federal investigators. In his closing arguments, independent prosecutor Patrick Fitzgerald said that there was "a cloud over the vice president", an apparent reference to Cheney's interview with FBI agents investigating the case, which was made public in 2009. Cheney lobbied President George W. Bush vigorously and unsuccessfully to grant Libby a full presidential pardon up to the day of Barack Obama's inauguration, likening Libby to a "soldier on the battlefield". Libby was subsequently pardoned by President Donald Trump in April 2018.
On February 27, 2007, at about 10 am, a suicide bomber killed 23 people and wounded 20 more outside Bagram Airfield in Afghanistan during a visit by Cheney. The Taliban claimed responsibility for the attack and declared that Cheney was its intended target. They also claimed that Osama bin Laden supervised the operation. The bomb went off outside the front gate while Cheney was inside the base and half a mile away. He reported hearing the blast, saying "I heard a loud boom... The Secret Service came in and told me there had been an attack on the main gate." The purpose of Cheney's visit to the region had been to press Pakistan for a united front against the Taliban.
Cheney has been characterized as the most powerful and influential vice president in U.S. history.
Both supporters and critics of Cheney regarded him as a shrewd and knowledgeable politician who knew the functions and intricacies of the United States federal government. A sign of Cheney's active policy-making role was then-Speaker of the House Dennis Hastert's provision of an office near the House floor for Cheney, in addition to his office in the West Wing, his ceremonial office in the Old Executive Office Building, and his Senate offices (one in the Dirksen Senate Office Building and another off the floor of the Senate).
Cheney actively promoted an expansion of the powers of the presidency, saying that the Bush administration's "challenges to the laws which Congress passed after Vietnam and Watergate to contain and oversee the executive branch – the Foreign Intelligence Surveillance Act, the Presidential Records Act, the Freedom of Information Act and the War Powers Resolution – are 'a restoration, if you will, of the power and authority of the president.'"
In June 2007, The Washington Post summarized Cheney's vice presidency in a Pulitzer Prize-winning
four-part series, based in part on interviews with former administration officials. The articles characterized Cheney not as a "shadow" president, but as someone who usually had the last words of counsel to the president on policies, which in many cases would reshape the powers of the presidency. When former vice president Dan Quayle suggested to Cheney that the office was largely ceremonial, Cheney reportedly replied, "I have a different understanding with the president." The articles described Cheney as having a secretive approach to the tools of government, indicated by the use of his own security classification and three man-sized safes in his offices.
The articles described Cheney's influence on decisions pertaining to detention of suspected terrorists and the legal limits that apply to their questioning, especially what constitutes torture. U.S. Army Colonel Lawrence Wilkerson, who served as Colin Powell's chief of staff when he was both Chairman of the Joint Chiefs of Staff at the same time Cheney was Secretary of Defense, and then later when Powell was Secretary of State, stated in an in-depth interview that Cheney and Donald Rumsfeld established an alternative program to interrogate post-9/11 detainees because of their mutual distrust of CIA.
The Washington Post articles, principally written by Barton Gellman, further characterized Cheney as having the strongest influence within the administration in shaping budget and tax policy in a manner that assures "conservative orthodoxy." They also highlighted Cheney's behind-the-scenes influence on the Bush administration's environmental policy to ease pollution controls for power plants, facilitate the disposal of nuclear waste, open access to federal timber resources, and avoid federal constraints on greenhouse gas emissions, among other issues. The articles characterized his approach to policy formulation as favoring business over the environment.
In June 2008, Cheney allegedly attempted to block efforts by Secretary of State Condoleezza Rice to strike a controversial U.S. compromise deal with North Korea over the communist state's nuclear program.
In July 2008, a former Environmental Protection Agency official stated publicly that Cheney's office had pushed significantly for large-scale deletions from a Centers for Disease Control and Prevention report on the health effects of global warming "fearing the presentation by a leading health official might make it harder to avoid regulating greenhouse gases." In October, when the report appeared with six pages cut from the testimony, the White House stated that the changes were made due to concerns regarding the accuracy of the science. However, according to the former senior adviser on climate change to Environmental Protection Agency Administrator Stephen Johnson, Cheney's office was directly responsible for nearly half of the original testimony being deleted.
In his role as President of the U.S. Senate, Cheney broke with the Bush Administration Department of Justice, and signed an amicus brief to the United States Supreme Court in the case of Heller v. District of Columbia that successfully challenged gun laws in the nation's capital on Second Amendment grounds. On February 14, 2010, in an appearance on ABC's This Week, Cheney reiterated his support of waterboarding and for the torture of captured terrorist suspects, saying, "I was and remain a strong proponent of our enhanced interrogation program."
