Obeying the Law Posted by Morton H. Halperin

While signing the bill containing the McCain anti-torture amendment this week, President Bush made explicit his view of the constitution.  It is a frightening position which threatens the separation of powers which is at the heart of our government.   

In short, the President asserts that he can decide which laws he should obey. If he believes that legislation violates what he calls the unitary presidency he will not veto the bill, but rather he will simply ignore the law. Sometimes he does that publicly and on other occasions he pretends to be following the law while secretly operating in defiance of it.

Presidential signing statements were, in fact, invented by Judge Alito, whose hearings for a Supreme Court seat starts on Monday.  The original purpose was to enable the President to participate in creating legislative history.  Now President Bush uses the statements to identify some of the provisions he plans to ignore.

There are several such assertions in this single signing statement, but I want to comment only on the provision relating to torture.  Here is what the President said about that provision:

"The executive branch shall construe Title X in Division A of the Act, relating to detainees, in a manner consistent with the constitutional authority of the President to supervise the unitary executive branch and as Commander in Chief and consistent with the constitutional limitations on the judicial power, which will assist in achieving the shared objective of the Congress and the President, evidenced in Title X, of protecting the American people from further terrorist attacks."

In other words, if the President wants to direct the CIA to torture captives held in secret prisons around the world, he will feel free to do so.  Senators McCain and Warner reacted sharply to this extraordinary challenge to the Congress's constitutional right to enact the laws, saying this:

“We believe the President understands Congress’s intent in passing by very large majorities legislation governing the treatment of detainees included in the 2006 Department of Defense Appropriations and Authorization bills. The Congress declined when asked by administration officials to include a presidential waiver of the restrictions included in our legislation. Our Committee intends through strict oversight to monitor the Administration’s implementation of the new law.”

It is not hyperbole to say that the outcome of this struggle and one over warrantless electronic surveillance will determine whether 9/11 fundamentally changed the balance of power between the President and the Congress and truly created an imperial presidency.

As the ACLU has pointed out in hard hitting ads, on June 9, 2005, the President stated that "wiretaps and search warrants require a high level of proof and permission from a judge."  That is what FISA requires, but not what the government has done.  We now know that President Bush authorized a program of warrantless surveillance with a very low level of proof.  When the program was made public by the New York Times, the President's response was to denounce the printing of the story and defiantly assert that he intends to continue the program. Congress must stop him and hold him accountable for lying to the public and violating the  law. 

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The Congress declined when asked by administration officials to include a presidential waiver of the restrictions included in our legislation.

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We're not sure that the outcome of this struggle and one over warrantless electronic surveillance will determine whether 9/11 fundamentally changed the balance of power between the President and the Congress and truly created an imperial presidency.

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Ideas and imaginations are terribly important in economic research or any pursuit of science. But the subject of study has to be real.

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After all, last week, the majority of the Iraqi parliament, 144 out of 275 members, signed a petition calling for a withdrawal timeline.

[Mychael Margott]

Well this single signing statement, but I want to comment only on the provision relating to torture. Here is what the President said about that provision

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彼らはリンクを取得するための最良の方法は、女性 水着人気サイト、人気のサイトを持っレディース水着てするための最良の方法を持っている人々はそのためそれとビキニリンクすることです判断するため、コンテンツの達人に来る場所もちろん、ここにある、コンテンツが必要よい。そして、彼らはそうだ。人々は最初の場所でそれを見つける方法を – ウェブサイトはあなたが考える必要があ水着　通販る荒野に追放される良質なコンテンツは良い品質のリンクを生じさせるのだろうか？バックは人気の指標である、それはGoogleが正確にWebサイトは、任意の特定の検索が実行されたときに配置する必要がありますここで判断するゲージとして水着　激安使用することができる唯一の​​ことだ。したがって、（検索エンジンの目の前に）ワンピース水着人気がある必要があります – あなたのサイトを指しているバックの多くは、あなたがリンク
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Ideas and imaginations are terribly important in economic research or any pursuit of science. But the subject of study has to be real.

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Libby had a very specific purpose: preventing the American public from understanding the truth about the pre-war intelligence on Iraq

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Thanks Laurenti for drawing attention to my observations regarding the mixed messages given out by the U.S. during the Human Rights Council negotiations. I did not intend to place all the responsibility for this on Ambassador Bolton, but only to suggest

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