Cheney aide is screening legislation: Adviser seeks to protect Bush power

Charlie Savage | Washington | May 28

Boston Globe - The office of Vice President Dick Cheney routinely reviews pieces of legislation before they reach the president's desk, searching for provisions that Cheney believes would infringe on presidential power, according to former White House and Justice Department officials.

The officials said Cheney's legal adviser and chief of staff, David Addington , is the Bush administration's leading architect of the "signing statements" the president has appended to more than 750 laws. The statements assert the president's right to ignore the laws because they conflict with his interpretation of the Constitution.

Also see: FireDogLake - A Constitutional Crisis of Cheney’s Making? ~ qB

The Bush-Cheney administration has used such statements to claim for itself the option of bypassing a ban on torture, oversight provisions in the USA Patriot Act, and numerous requirements that they provide certain information to Congress, among other laws.

Previous vice presidents have had neither the authority nor the interest in reviewing legislation. But Cheney has used his power over the administration's legal team to promote an expansive theory of presidential authority. Using signing statements, the administration has challenged more laws than all previous administrations combined.

[...]

After Cheney became vice president in 2001, he again hired Addington as counsel. Addington played a major role in shaping the administration's legal policies in the war on terrorism, including a 2002 memo arguing that Bush could authorize interrogators to bypass anti torture laws. In October, when Cheney's former chief of staff, I. Lewis ``Scooter" Libby , was indicted for perjury and resigned, Cheney replaced Libby with Addington.

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quiet Bill May 28, 2006 - 7:31pm

By Christy Hardin Smith

Firedoglake - The Boston Globe’s Charlie Savage has a follow-up article on Presidential signing statements — building on his previous piece of fantastic reporting on the issue — and this one concentrates on the role of Dick Cheney and David Addington in shaping the Administration’s "unitary executive" theories and actions.

We’ve done quite a bit of reporting and discussion on the constitutional issues that have arisen in the Bush Administration – from illegal domestic spying without a warrant; to unconstitutional disregard of separation of powers issues in a whole host of topics, including the signing statements that keep getting appended to legislation in direct contravention of the "congress makes the laws, the executive enforces them" premise; to a failure altogether to recognize that the laws apply to everyone, even the President of the United States.

But this Boston Globe piece seems to tie all the loose ends of all this into a coherent whole — with Dick Cheney and his obsession with "restoring" executive power to what he sees as Nixonian levels as its guiding force. ...

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quiet Bill May 28, 2006 - 7:40pm

I don't care who you blame.
Bush is the "decider" and he is at the top of the chain.
IMPEACH BUSH!

repressive governments mix administrative clumsiness & ineffiency with authoritarian tendencies.

kimmy May 29, 2006 - 1:27am

Examples of the president's signing statements:

Since taking office in 2001, President Bush has issued signing statements on more than 750 new laws, declaring that he has the power to set aside the laws when they conflict with his legal interpretation of the Constitution. The federal government is instructed to follow the statements when it enforces the laws. Here are 10 examples and the dates Bush signed them:

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."

Dec. 17: The new national intelligence director shall recruit and train women and minorities to be spies, analysts, and translators in order to ensure diversity in the intelligence community.

Bush's signing statement: The executive branch shall construe the law in a manner consistent with a constitutional clause guaranteeing ''equal protection" for all. (In 2003, the Bush administration argued against race-conscious affirmative-action programs in a Supreme Court case. The court rejected Bush's view.)

Oct. 29: Defense Department personnel are prohibited from interfering with the ability of military lawyers to give independent legal advice to their commanders.

Bush's signing statement: All military attorneys are bound to follow legal conclusions reached by the administration's lawyers in the Justice Department and the Pentagon when giving advice to their commanders.

Aug. 5: The military cannot add to its files any illegally gathered intelligence, including information obtained about Americans in violation of the Fourth Amendment's protection against unreasonable searches.

Bush's signing statement: Only the president, as commander in chief, can tell the military whether or not it can use any specific piece of intelligence.

Nov. 6, 2003: US officials in Iraq cannot prevent an inspector general for the Coalition Provisional Authority from carrying out any investigation. The inspector general must tell Congress if officials refuse to cooperate with his inquiries.

Bush's signing statement: The inspector general ''shall refrain" from investigating anything involving sensitive plans, intelligence, national security, or anything already being investigated by the Pentagon. The inspector cannot tell Congress anything if the president decides that disclosing the information would impair foreign relations, national security, or executive branch operations.

Nov. 5, 2002: Creates an Institute of Education Sciences whose director may conduct and publish research ''without the approval of the secretary [of education] or any other office of the department."

Bush's signing statement: The president has the power to control the actions of all executive branch officials, so ''the director of the Institute of Education Sciences shall [be] subject to the supervision and direction of the secretary of education."

President's signing statements

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Rove, Libby, Cheney and the neocons have distorted what America is about. How much longer are they going to be successful? Rove and Libby weren't elected, but they and other political appointees (Wolfowitz, Rumsfeld, Department of Justice, Homeland Security, et al) are having great influence on the decisions that are made.

canuck May 29, 2006 - 4:27pm

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