Bush shuns Patriot Act requirement By Charlie Savage, Globe Staff
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. [mjh: so now Duhbya’s a judge, too?]
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….
The statement represented the latest in a string of high-profile instances in which Bush has cited his constitutional authority to bypass a law. …
Past presidents occasionally used such signing statements to describe their interpretations of laws, but Bush has expanded the practice. He has also been more assertive in claiming the authority to override provisions he thinks intrude on his power, legal scholars said.
Bush’s expansive claims of the power to bypass laws have provoked increased grumbling in Congress. Members of both parties have pointed out that the Constitution gives the legislative branch the power to write the laws and the executive branch the duty to ”faithfully execute” them. …
Bush’s signing statement on the USA Patriot Act nearly went unnoticed. [mjh: Thank you, MSM!]
Senator Patrick J. Leahy, Democrat of Vermont, inserted a statement into the record of the Senate Judiciary Committee objecting to Bush’s interpretation of the Patriot Act, but neither the signing statement nor Leahy’s objection received coverage from in the mainstream news media, Leahy’s office said.
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.”