Wednesday, February 01, 2006

a thief operates in the night

from slate:

Many of us had never heard of a presidential signing statement until last month, when Bush used one to eviscerate the McCain Anti-Torture bill he claimed to endorse. We all saw the big Oval Office reconciliation with McCain; we heard Bush say he was dropping his opposition to the bill, which passed with broad bipartisan support (90-9 in the Senate, 308-122 in the House) and made it illegal for Americans to engage in the "cruel, inhuman and degrading" treatment of detainees held here or abroad. What we missed was the actual signing ceremony, which took place two weeks later, at 8 p.m. on Dec. 30.

Unless you spent New Year's weekend trolling the White House Web site or catching up on your latest U.S. Code Congressional and Administrative News as you waited for the ball to drop, you probably missed
the little "P.S." the president tacked onto the McCain anti-torture bill. The postscript was a statement clearly announcing that the president will only follow the new law "in a manner consistent with the constitutional authority of the president to supervise the unitary executive branch ... and consistent with the constitutional limitations on the judicial power." In other words, it is for the president—not Congress or the courts—to determine when the provisions of this bill interfere with his war-making powers, and when they do, he will freely ignore the law.

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