I'm not sure what incident you're referring to, but the VP is definitely part of the Executive branch. The only exception I can think of might be an instance where the VP was acting to break a tie vote in the Senate. Then, it might fall under the Legislative branch.
Off the Porch and lovin' it...
"The budget should be balanced, the Treasury should be refilled, public debt should be reduced, the arrogance of officialdom should be tempered and controlled, and the assistance to foreign lands should be curtailed lest Rome become bankrupt. People must again learn to work, instead of living on public assistance."
- Marcus Tullius Cicero - 55 BC
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