Bush says he can sidestep Patriot Act oversight

The Bush White House has become quite fond of “signing statements,” in which the president explains what he thinks of a bill as he signs it into law. Reagan popularized the tool in the ’80s, issuing 71 signing statements. Clinton had 105. George W. Bush passed the 500 mark a few months ago — despite working with a Congress of his own party.

The point of these signing statements, of course, is to “address specific provisions of legislation that the White House wishes to nullify.” Like what? Well, when Congress passed a measure prohibiting torture of detainees, Bush issues a statement saying he would ignore the ban whenever he thought he should.

The Boston Globe noted today that Bush took a similar approach with 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 typical Bush fashion, the president said provisions of the legislation that required the White House to tell Congress how the Patriot Act powers were being used weren’t valid. He didn’t veto the bill; he signed the bill and quietly announced which parts of the bill he’d ignore whenever he decided he should.

Sen. Pat Leahy (D-Vt.), who advocated the oversight provisions in the first place, was not amused.

Yesterday, Leahy said Bush’s assertion that he could ignore the new provisions of the Patriot Act — provisions that were the subject of intense negotiations in Congress — represented “nothing short of a radical effort to manipulate the constitutional separation of powers and evade accountability and responsibility for following the law.”

“The president’s signing statements are not the law, and Congress should not allow them to be the last word,” Leahy said in a prepared statement. “The president’s constitutional duty is to faithfully execute the laws as written by the Congress, not cherry-pick the laws he decides he wants to follow. It is our duty to ensure, by means of congressional oversight, that he does so.”

David Golove, a New York University law professor who specializes in executive power issues, said the White House has taken a “mind-bogglingly expansive conception” of executive power. “On the one hand, they deny that Congress even has the authority to pass laws on these subjects like torture and eavesdropping, and in addition to that, they say that Congress is not even entitled to get information about anything to do with the war on terrorism,” Golove said.

Congressional Republicans will, in all likelihood, allow Bush to run roughshod over the legal process once again. It’s stunning to think of the precedent this sets, but given what we’ve seen, the GOP just doesn’t care.

On an unrelated matter, Digby recently said, “I’m beginning to think they are actively trying to destroy the Constitution just for the hell of it.” It’s an observation that seems to apply to far too many issues.

And republicans like to harp on the meme that Democrats are spineless.

It still surprises me that republicans in Congress have so little interest in preserving their own power. They don’t have a problem with stacking the states a la Texas but on a national level they remind me of abused wives. They get “hit” over and over and over again, and still come back for more, all the while making excuses. For a time I can have sympathy or at least understand, but eventually I say enough is enough.

Their nauseating obsequiousness is getting old and it is getting more and more dangerous for everyone. I do wonder when, or more importantly if, there is going to be a tipping point for Congressional republicans.

  • ET: Don’t look now but they have already tipped, and a big part of the mess will be swept out this November. The only thing more limitless than the arrogance of this President is the weakness of this Congress. Where are the Democrats? Isn’t it time to support Senator Feingold? I have never seen such a pack of cowards in my life, and I am pretty old.

  • At this point, why bother with laws? I dont see the point of going through all the work of putting in these limits if they apparently no legal authority anymore. Has anyone compiled a list of the 500+ signing statements…maybe that way we could get an idea of whether any laws that matter are really binding anymore.

  • Censure anyone? I wonder if it would be better to have one censure with all sorts of transgressions listed, or a separate censure for each transgression…

  • Who does Bush imagine is going to want the job of dictator after he leaves…

    … if he does, of course.

    They get to clean up his mess in Iraq and try to restore democracy in this country and in Russia, which he has also lost to authoritarism.

    And I can’t imagine it getting better in the next three years with Rove and Cheney at the helm.

  • The way you put it, CB, you have described what is effectively a line-item veto.

    Isn’t that unconstitutional?

    Not that being “unconstitutional” matters anymore, but just for the sake of being pedantic here and for friendly discussion…

  • Amazing that there are some that think bush’s actions denote strength.

    To paraphrase an acquaintance: “If the law gets in the way of protecting the country, then fuck the law”

    All that is needed for a believale terrorist threat stopped by bush’s illegal use of his newfound ‘powers’ and the sheeple will be firther cowed.

    Damn – I’d expect the corporate media to exit stealth mode, overtly endorsing the glory of the police state in capturing, torturing and executing those fucking darkies with rags on their heads and funny sounding names.

    How about some so-called conservatives chiming in on this? Explain to me why you are comfortable living in a nation where the executive can break any (ANY!!) law he sees fit.

  • I don’t blame the administration for trying to claim as much power as possible for the executive branch. In a way that is one of adversarial checks and balances in the constitution and legal tradition. I blame Congress for rolling over and cravenly giving up their power by refusing to effectively oversee the executive branch’s activities or to use the power of the purse to limit executive powers. Such cowardice. They are so afraid of losing their ‘power’ that they are unable to use it. “The best lack all convictions, while the worst Are full of passionate intensity. ” wb yeats.

    By the way, Censure is not the solution. It is well deserved, but oversight is the cure.

  • If portions of this law are constitutionally unenforcable, which is what Bush implied with his statement, then shouldn’t the entire thing be struck down by the courts? Or, if it is enforcable, then he’s got to live with it.

    I’d love to see Bush’s little “game” end up costing him the whole of the patriot act.

  • When are the Democrats (in spite of Clinton’s 105 abuses) going to declare such “signing statements” to be without legal effect? There is no provision for them in the Constitution. They are never mentioned in “how a bill becomes a law” in schools. They are an unwarranted intrusion of the executive into the province of the legislative.

    Can’t someone bring a case to court and settle this once and for all? Or are our noble elected Democrats just wating for their chance to commit such absuses in the future?

  • If Bush keeps putting out signing statements like these he is not going to get anything more passed through Congress.

    And why should he? He is truely corrupting our constitutional order to fight a war he should have prevented in 2001.

  • At this point, this admin should have a standard signing statement addendum that reads:

    “We can ignore this law at any time. In addition, Congress does not have any powers whatsoever. In fact, Congress doesn’t even exist.”

    Sadly, they may be right…

    “I’m beginning to think they are actively trying to destroy the Constitution just for the hell of it.”

    They’re not going to stop with the Constitution. They are looking to destroy everything. And by that I mean the Constitution, the Congress, social security, the government as a whole, any religion that is not Christianity, and every country on every continent on the face of the globe.

    W’s new motto: Apocolypse Now!

  • What is the significance of the signing statements? I can imagine that their content might be brought up in cases in the courts as a secondary, or more probably, a tertiary considerations when the court is interpreting the application of the law and its constitutionality. I think that the executive branch is tipping their hand that they do not intend to follow the letter of the law. This should be a red flag to Congress which has adequate powers to deal with this if they so choose.

    Prediction: Democrats win a branch of Congress, investigations ensue on many fronts, e.g. Iraq reconstruction, Abramoff, prewar use of intelligence, Whitehouse corruption vis vis MZM etc., all investigations show extensive corruption on the part of the rulling party, but this is hotly contested by Republicans and the Whitehouse, the public is disgusted by the whole process as Iraq and the economy crumble, an independent funs for President and throws the election to whoever he/she least resembles.

    Too bad we live in such interesting times.

  • Why don’t Congressional Democrats who voted for the Patriot Act reauthorization bring a lawsuit? IIRC, the courts have already stricken line item vetoes — how, exactly, is Dumbya’s particular use of signing statements materially different? He is exercising what he believes is his authority to “veto” part, but not the entirety, of bills where he has disagreement over certain provisions. Sounds like a line item veto to me, except even less lawful because it is being done covertly.

  • Well someone ought to do something. I agree that oversight is far preferable to censure, but what we are getting is nothing. We have a thug in the White House who has no respect for our way of life. I just keep going back to Congress. It’s their job to stop him. I can’t figure out who is the greatest violator of the “Public Trust”, Bush or the enablers in Congress.

  • As NeilS and Zeitgeist note, if Congress continues to roll over and play dead, sooner or later this nonsense will bubble up in the courts. But will it matter by then? How many Alitos and Sentelles will have been packed into the judiciary by then?

  • It certainly explains why Bush has never bothered with a veto. Who needs to veto the whole bill (which would inconveniently send it back to Congress) when he can, as zeitgeist says above, simply veto part of the bill and get away with it.

    Considering that these bills are crafted entirely (as I understand it) by Republicans, sure;ly they reflect what the Republican party wants. Don’t they care that he has no intention of following it?

    Or all they all in on the joke? To wit: McCain can now claim to the public that he was “tough on torture” even though he knows Bush has no intention of stopping the practice. Heck, they could put any old thing in these bills that might sound good to the rubes back home come election time, without any concern that the law might actually be implemented. Best of both worlds for them, I suppose.

  • I wish we knew what all 500+ signing statements encompassed. If someone would search out this info he/she would truly be a hero IMO.
    It is breathtaking, and terrifying what they are getting away with in this administration.

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