Sunday, April 2, 2006

President Bush signed the “USA PATRIOT Act Additional Reauthorizing Amendments Act of 2006” into law. In the signing statement, Bush averred that he could withhold information about the administration’s controversial use of Foreign Intelligence Surveillance Act powers and National Security Letters if he deemed that they impaired foreign relations, national security, the deliberative processes of the Executive, or the performance of the Executive’s constitutional duties. Lawmakers and Legal experts have questioned the president’s authority to contravene the Congress’s intent in such a way.

The Patriot Act reauthorisation bill specifically mandates the Inspector General of the Department of Justice to audit the administration’s use of investigative authority granted by the Foreign Intelligence Surveillance Act and National Security Letters and requires these audits to be submitted for congressional review.

In the signing statement, President Bush wrote “The executive branch shall construe the provisions of H.R. 3199 that call for furnishing information to entities outside the executive branch, such as sections 106A and 119, in a manner consistent with the President’s constitutional authority to supervise the unitary executive branch and to withhold information the disclosure of which could impair foreign relations, national security, the deliberative processes of the Executive, or the performance of the Executive’s constitutional duties.”

This follows on the heels of the signing of the congressional ban on torture issued in January of this year, when the President declared that he would view the interrogation limits in the context of his broader powers to protect national security. A senior white house official told a Boston Globe reporter that “Of course the president has the obligation to follow this law, [but] he also has the obligation to defend and protect the country as the commander in chief, and he will have to square those two responsibilities in each case.” The official added “We are not expecting that those two responsibilities will come into conflict, but it’s possible that they will.”

Lawmakers tried to get a handle on President Bush’s use of signing statements in 2003, by passing a Justice Department spending bill that required the department to inform Congress whenever the administration decided to ignore a legislative provision on constitutional grounds.

Bush signed the bill, but issued a statement asserting his right to ignore the notification requirement.