Well, let’s assume that Cheney is waffling back and forth. What are the chances that he’ll get nailed for even one instance he happens to be a member of the Executive Branch for even 5 minutes?
This is in connection with Senate Judiciary Committee subpoenas regarding the NSA surveillance program.
The President signed over control of the government to the Vice President while he underwent an colonoscopy. I’d say that’s a pretty strong indicator the Vice President is part of the Executive Branch.