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Bush Claims Mail Can Be Opened Without Warrant
don_combatant writes to note that President Bush claimed new powers to search US mail without a warrant. He made this claim in a "signing statement" at the time he signed a postal overhaul bill into law on December 20. The signing statement directly contradicts part of the bill he signed, which explicitly reinforces protections of first-class mail from searches without a court's approval. According to the article, "A top Senate Intelligence Committee aide promised a review of Bush's move."
Sen. Arlen Specter (R-Pa.) introduced the Presidential Signing Statements Act of 2006 on July 26, 2006. [2]The bill would:
n troversy_over_George_W._Bush.27s_use_of_signing_st atements
1. Instruct all state and federal courts to ignore presidential signing statements. ("No State or Federal court shall rely on or defer to a presidential signing statement as a source of authority.")
2. Instruct the Supreme Court to allow the U.S. Senate or U.S. House of Representatives to file suit in order to determine the constitutionality of signing statements. [3]
http://en.wikipedia.org/wiki/Signing_statement#Co
My turnips listen for the soft cry of your love
I encourage everyone, no matter what your political leanings are, that is sick and tired of this president's blatant misuse of executive power, to consider sending a "Memorial of Impeachment" to incoming Speaker Pelosi on January the 15th of this year. You can read more about this, and print out the Memorial (pdf file) at ImpeachForPeace.org. I've already printed mine out, signed it, and got it notarized. It's sitting on my computer desk, waiting for the 15th. I urge everyone to do the same. It may be the proverbial straw that breaks the camel's back, and we may be the ones that are able to initiate the impeachment procedure.
"We may face a scorched and lifeless earth, but they're accountable to their shareholders first."
Here is the video of Shrub saying "If this were a dictatorship, it'd be a heck of a lot easier, just so long as I'm the dictator."
Actually, to the extent that Mr. Bush is saying "if we believe there's a ticking bomb in a letter we will send the bomb squad in first and resolve the legal issues later", there is no controversey.
Well, yes, because if you have reason to believe there's a bomb in a letter that might blow up if you take the time to go to court that's Probable Cause for doing a search, and a search warrant can be retroactively granted by a judge based on their initial evidence. This is all fine and rational and even Constitutional.
The problem with Bush's wiretapping program is that he never got warrants, and never had probable cause to get a search. His agents never went to the FISA court that was specifically designed for these cases and rarely ever rejects a warrant request. Because, like I said, warrants can be granted retroactively there is no argument based on urgency against getting a warrant, and it is important to be aware of this when defenders of this policy bring up emergency situations. The only reason not to get a warrant from FISA is because there was no Probable Cause basis for the search, FISA would therefore not have granted a warrant, and the search was unreasonable and hence un-Constitutional.
So regarding this current signing statement, the question is, what situation does it fall under? The specific wording is not contained in the article. If all he is saying is "under emergency cases of Probably Cause I authorize the search and will worry about warrants later", that's okay. If he is saying "I authorize searches whenever I feel it is necessary for National Security and will not worry about warrants at all", then this is the same as the wiretapping. The President's idea of what constitutes a necessity for National Security is clearly not limited to cases involving Probable Cause, and hence his authorization would not be limited to searches which are Constitutional.
The enemies of Democracy are
http://www.whitehouse.gov/news/releases/2006/12/20 061220-6.html
"The executive branch shall construe subsection 404(c) of title 39, as enacted by subsection 1010(e) of the Act, which provides for opening of an item of a class of mail otherwise sealed against inspection, in a manner consistent, to the maximum extent permissible, with the need to conduct searches in exigent circumstances, such as to protect human life and safety against hazardous materials, and the need for physical searches specifically authorized by law for foreign intelligence collection."