Sunday, April 30, 2006

Bush's use of signing statements comes under scrutiny

Today's Boston Globe has two articles covering the Bush administration's unprecedented use of signing statements - declarations which a President can issue when signing bills into law - to modify the scope or effect of laws passed by Congress. Here are a few examples (unfortunately, the Globe requires users to register for articles):

March 9: Justice Department officials must give reports to Congress by certain dates on how the FBI is using the USA Patriot Act to search homes and secretly seize papers.

Bush's signing statement: The president can order Justice Department officials to withhold any information from Congress if he decides it could impair national security or executive branch operations.

Dec. 30, 2005: US interrogators cannot torture prisoners or otherwise subject them to cruel, inhuman, and degrading treatment.

Bush's signing statement: The president, as commander in chief, can waive the torture ban if he decides that harsh interrogation techniques will assist in preventing terrorist attacks.

Dec. 30: When requested, scientific information ''prepared by government researchers and scientists shall be transmitted [to Congress] uncensored and without delay."

Bush's signing statement: The president can tell researchers to withhold any information from Congress if he decides its disclosure could impair foreign relations, national security, or the workings of the executive branch.

Aug. 8: The Department of Energy, the Nuclear Regulatory Commission and its contractors may not fire or otherwise punish an employee whistle-blower who tells Congress about possible wrongdoing.

Bush's signing statement: The president or his appointees will determine whether employees of the Department of Energy and the Nuclear Regulatory Commission can give information to Congress.

Dec. 23, 2004: Forbids US troops in Colombia from participating in any combat against rebels, except in cases of self-defense. Caps the number of US troops allowed in Colombia at 800.

Bush's signing statement: Only the president, as commander in chief, can place restrictions on the use of US armed forces, so the executive branch will construe the law ''as advisory in nature."

"Examples of president's signing statements" [Boston Globe]
"Bush challenges hundreds of laws" [Boston Globe]

More on presidential signed statements:
Attorney Glenn Greenwald's take on the Globe coverage [Unclaimed Territory]
Fmr. White House Counsel John Dean on Bush's signed statements [Findlaw]
DOJ memo: The Legal Significance of Presidential Signed Statements [FAS.org]

UPDATED 5/4/06:

"Hearing vowed on Bush's powers" [Boston Globe]