http://jgrr.blogspot.com/2006/01/above-law.htmlMonday, January 02, 2006
Above the law
President to Congress: "I'll obey the law when and as I choose."
Actually, with reference to torture, he wrote:
Yes, we have a "unitary executive branch," but we also have a bicameral legislative branch which passed a law, and he just signed it. That means he's bound by it all the time, not just when he feels like it. He and his subordinates are forbidden from torturing people, just as they are forbidden from ordering ethnic cleansing, summary executions, or wholesale invasions of foreign countries. Not because of the president's good graces, but because Congress has the power to regulate the military.http://writ.news.findlaw.com/commentary/20060109_bergen.htmlBut the most recent and blatant presidential intrusions on the law and Constitution supply the verse to that refrain. They not only claim unilateral executive power, but also supply the train of the President's thinking, the texture of his motivations, and the root of his intentions.
They make clear, for instance, that the phrase "unitary executive" is a code word for a doctrine that favors nearly unlimited executive power. Bush has used the doctrine in his signing statements to quietly expand presidential authority. ----------------------------
What the Chimpster's lawyers say (he didn't write this junk)
http://www.whitehouse.gov/news/releases/2002/11/20021104-3.htmlThe executive branch shall construe section 11026(c) in a manner consistent with the constitutional authorities of the President to supervise the unitary executive branch and to withhold information the disclosure of which could impair foreign relations, the national security, the deliberative processes of the Executive, or the performance of the Executive's constitutional duties. ---------------------
The democratic side is answering this B.S. look what they say in reponse -- has this been reported by the corporate media whores?? I doubt it.
http://democrats.senate.gov/judiciarycommitteesupremecourt/correcting-15.cfm While courts have yet to give interpretive presidential signing statements much weight (Washington Post, "Alito Once Made Case For Presidential Power", January 2, 2006), that might change if Judge Alito is confirmed.
Real-Life Consequences:
This is more than an arcane legal issue. Americans today are faced with the very real and disturbing example of government intrusion in their lives. The nonpartisan Congressional Research Service of the U.S. Congress issued a report raising very serious concerns about the legality of the warrantless eavesdropping authorized by President Bush. (Washington Post, 1/7/06.)
Furthermore, for many years the NSA (and its predecessor the Armed Forces Security Agency) was given covert access to daily microfilm copies of all telegram messages coming into the U.S. or going out of the U.S. via Western Union, RCA and ITT. At times as many as 150,000 telegram messages a month were secretly analyzed by NSA agents without U.S. citizens knowing that their private messages also went to the NSA. The happened without any court approval until the practice was exposed by Congressional hearings in 1975.
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Daily Kos weighs into the discussion --
http://www.dailykos.com/storyonly/2006/1/10/122117/176Alito did NOT disavow this view of an unfettered Presidential power - of the President as King. --------------------------
http://editorials.arrivenet.com/politics/article.php/7292.html In Naked Power Grab, Bush Denies All Congressional Authority Over Himself In Matters Of National Defense ------------------------