This is off the top of my head so the facts are probably a bit muddled, but let me see if I've got this right:
Cheney says he's not part of the executive branch so he doesn't have to explain how he's protecting sensitive documents.
Congress asks Gonzales if this is correct.
Gonzales says they've been reviewing it for 5 months and no decision's been made.
A freedom of information act request turns up no review of Cheney's claim over the last 5 months?!?!?
Mean while since Cheney has said he's not part of the Executive branch he can't invoke executive privilege, so he's opened his office up for Congressional review.
This should be interesting
.