Bush has expanded executive powers far beyond any recent president, with the willing cooperation of the legislature and by-passing the judiciary (until he controls it completely, too). (Thanks, Lisa!) mjh
Patriot Act II: WITH A WHISPER, NOT A BANG by David Martin – San Antonio Current
Bush signs parts of Patriot Act II into law — stealthily
On December 13, when U.S. forces captured Saddam Hussein, President George W. Bush not only celebrated with his national security team, but also pulled out his pen and signed into law a bill that grants the FBI sweeping new powers. …
By signing the bill on the day of Hussein’s capture, Bush effectively consigned a dramatic expansion of the USA Patriot Act to a mere footnote. The Bush Administration and its Congressional allies tucked away these new executive powers in the Intelligence Authorization Act for Fiscal Year 2004, a legislative behemoth that funds all the intelligence activities of the federal government. The Act included a simple, yet insidious, redefinition of “financial institution,” which previously referred to banks, but now includes stockbrokers, car dealerships, casinos, credit card companies, insurance agencies, jewelers, airlines, the U.S. Post Office, and any other business “whose cash transactions have a high degree of usefulness in criminal, tax, or regulatory matters.”
Congress passed the legislation around Thanksgiving. … The Senate passed it with a voice vote to avoid individual accountability. While broadening the definition of “financial institution,” the Bush administration is ramping up provisions within the 2001 USA Patriot Act, which granted the FBI the authority to obtain client records from banks by merely requesting the records in a “National Security Letter.” To get the records, the FBI doesn’t have to appear before a judge, nor demonstrate “probable cause” – reason to believe that the targeted client is involved in criminal or terrorist activity. Moreover, the National Security Letters are attached with a gag order, preventing any financial institution from informing its clients that their records have been surrendered to the FBI. …
This broadening of the Patriot Act represents a political victory for the Bush Administration’s stealth legislative strategy to increase executive power. …
The leak [of Patriot II in February, 2003] and ensuing public backlash frustrated the Bush administration’s strategy, so Ashcroft and Co. disassembled Patriot Act II, then reassembled its parts into other legislation. By attaching the redefinition of “financial institution” to an Intelligence Authorization Act, the Bush Administration and its Congressional allies avoided public hearings and floor debates for the expansion of the Patriot Act. …
The Bush Administration has yet to answer pivotal questions about its latest constitutional coup: If these new executive powers are necessary to protect United States citizens, then why would the legislation not withstand the test of public debate? If the new act’s provisions are in the public interest, why use stealth in ramming them through the legislative process?
More on SAFE Act
The Security and Freedom Ensured Act (SAFE)
09/22/2003: “Patriot Act, Part II”
09/12/2003: “Victory Act no victory for public”
08/19/2003: “Bush Administration Plans Defense of Terror Law”
06/18/2003: “Devil in the Details: Patriot Act II”
05/15/2003: “Urinating on Jefferson’s Grave”
03/15/2003: “Patriot Act II – ACLU”
02/10/2003: “Domestic Security Enhancement Act of 2003”