The NIE was not declassified in full, because the Senate Intelligence Committee dissent of David Rockefeller was being restricted, to the point he wrote internal letters over the matter.
Bush and Cheney thus lied to Congress about the nature of intelligence documents classification. The intelligence they pushed was itself false. Also, by the law's letter they are forbidden to selectively present the information to Congress while telling journalists about it without full disclosure and transparency.
It is an impeachable offense to present false evidence to Congress. You cannot retroactively declassify/classify. You cannot claim both apply to the same material, the method of disclosure employed is in effect a line item veto, which is also unconstitutional.
Cheney's extraconstitutional use of power through a vague negative construct of the Vice President's power restraints, which are fully worded toward the President, is yet another doctrine of tyranny. Unless his powers are expressly worded in grant he cannot assume them in any manner even with the approval of the Chief Executive if one applied the same argument literally.
The Ninth Amendment does not make the Vice President the final arbiter of law, the body of public opinion does that through elected delegates of the Congress, "or to the People."
It's quite clear that tacit grant of express law applies towards government authority, and the broad swath of individual rights are retained by vague, expanding applications of Liberty.