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I Can Ignore Torture Law, says Bush
Posted by wizeGurl
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When President Bush last week signed the bill outlawing the torture of detainees, he quietly reserved the right to bypass the law under his powers as commander in chief.
After approving the bill last Friday, Bush issued a "signing statement"--an official document in which a president lays out his interpretation of a new law--declaring that he will view the interrogation limits in the context of his broader powers to protect national security. This means Bush believes he can waive the restrictions, the White House and legal specialists said.
Oh, sure, pass your little anti-torture bill. I'm president[king/emperor for life/supreme leader], so it doesn't apply to me. Yes, I'm sure that's what the system of checks and balances written into the Constitution meant. |
Some legal specialists said yesterday that the president's signing statement, which was posted on the White House website but had gone unnoticed over the New Year's weekend, raises serious questions about whether he intends to follow the law.
A senior administration official, who spoke to a reporter about the statement on condition of anonymity because he is not an official spokesman, said the president intended to reserve the right to use harsher methods in special situations involving national security.
David Golove, a New York University law professor who specializes in executive power issues, said that the signing statement means that Bush believes he can still authorize harsh interrogation tactics when he sees fit.
"The signing statement is saying 'I will only comply with this law when I want to, and if something arises in the war on terrorism where I think it's important to torture or engage in cruel, inhuman, and degrading conduct, I have the authority to do so and nothing in this law is going to stop me,' " he said. "They don't want to come out and say it directly because it doesn't sound very nice, but it's unmistakable to anyone who has been following what's going on."
Golove and other legal specialists compared the signing statement to Bush's decision, revealed last month, to bypass a 1978 law forbidding domestic wiretapping without a warrant. Bush authorized the National Security Agency to eavesdrop on Americans' international phone calls and e-mails without a court order starting after the terrorist attacks of Sept. 11, 2001.
The president and his aides argued that the Constitution gives the commander in chief the authority to bypass the 1978 law when necessary to protect national security. They also argued that Congress implicitly endorsed that power when it authorized the use of force against the perpetrators of the attacks.
Since the 2001 attacks, the administration has also asserted the power to bypass domestic and international laws in deciding how to detain prisoners captured in the Afghanistan war. It also has claimed the power to hold any US citizen Bush designates an "enemy combatant" without charges or access to an attorney.
And in 2002, the administration drafted a secret legal memo holding that Bush could authorize interrogators to violate antitorture laws when necessary to protect national security. After the memo was leaked to the press, the administration eliminated the language from a subsequent version, but it never repudiated the idea that Bush could authorize officials to ignore a law.
In response, Senator John McCain, Republican of Arizona, filed an amendment to a Defense Department bill explicitly saying that that the cruel, inhuman, and degrading treatment of detainees in US custody is illegal regardless of where they are held.
After veto-proof majorities in both houses of Congress approved it, Bush called a press conference with McCain, praised the measure, and said he would accept it.
Legal specialists said the president's signing statement called into question his comments at the press conference.
"The whole point of the McCain Amendment was to close every loophole," said Marty Lederman, a Georgetown University law professor who served in the Justice Department from 1997 to 2002. "The president has re-opened the loophole by asserting the constitutional authority to act in violation of the statute where it would assist in the war on terrorism."
Elisa Massimino, Washington director for Human Rights Watch, called Bush's signing statement an "in-your-face affront" to both McCain and to Congress.
"The basic civics lesson that there are three co-equal branches of government that provide checks and balances on each other is being fundamentally rejected by this executive branch," she said.
But then again, the president was never a very good student. Maybe he slept through that civics lesson. |
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