Saturday, March 25, 2006
Patriot Act Signing Statement Skullduggery
President Bush has again utilized the slimy tactic of issuing a dubious "signing statement" to subvert the intentions of the lawmakers who have written and approved a piece of legislation.
This time it was used on the reauthorization of the Patriot Act.
When President Bush signed the reauthorization of the USA Patriot Act this month, he included an addendum saying that he did not feel obliged to obey requirements that he inform Congress about how the FBI was using the act's expanded police powers.
The bill contained several oversight provisions intended to make sure the FBI did not abuse the special terrorism-related powers to search homes and secretly seize papers. The provisions require Justice Department officials to keep closer track of how often the FBI uses the new powers and in what type of situations. Under the law, the administration would have to provide the information to Congress by certain dates...
Bush signed the bill with fanfare at a White House ceremony March 9, calling it ''a piece of legislation that's vital to win the war on terror and to protect the American people." But after the reporters and guests had left, the White House quietly issued a ''signing statement," an official document in which a president lays out his interpretation of a new law.
In the statement, Bush said that he did not consider himself bound to tell Congress how the Patriot Act powers were being used and that, despite the law's requirements, he could withhold the information if he decided that disclosure would ''impair foreign relations, national security, the deliberative process of the executive, or the performance of the executive's constitutional duties."...
Bush wrote: ''The executive branch shall construe the provisions . . . that call for furnishing information to entities outside the executive branch . . . in a manner consistent with the president's constitutional authority to supervise the unitary executive branch and to withhold information... "
(W)hen Congress passed a law forbidding the torture of any detainee in US custody, Bush signed the bill but issued a signing statement declaring that he could bypass the law if he believed using harsh interrogation techniques was necessary to protect national security.
After the torture bill signing statement became public, a wag told me that he is planning to buy a car. The fellow said that at the moment he signs the contract for the car loan, he will issue a signing statement declaring that the terms of the agreement are hereby changed to make the payments optional.
How do you think that will work?