The president's in the mail
By David Farmer
,
Staff Writer
Friday, January 5, 2007
AUGUSTA - It took U.S. Sen. Susan Collins three years to shepherd postal reform through Congress and onto the president's desk.
It took just one signature to apparently turn the technical bill into something else: permission for the president to open sealed mail without a warrant.
The White House disputes that any new power has been sought, but questions about President Bush's actions have led to calls for more congressional oversight of Postal Service policies.
On Dec. 20, Bush signed the Postal Accountability and Enhancement Act, with Collins, dressed sharply in a red suit among the dark blues, blacks and grays of her colleagues, standing at his shoulder.
What Collins didn't know then - and didn't find out about until Thursday when a story appeared in the New York Daily News - is that Bush had attached a signing statement to the law, adding his interpretation of how it should be applied.
The Daily News scoop left Collins' office trying to find out what it all meant.
In the signing statement, which is public record, Bush appears to contradict the wording of the actual law. He "claimed sweeping new powers to open Americans' mail without a judge's warrant," Daily News reporter James Meek wrote Thursday.
According to the signing statement, the executive branch can open sealed mail under "exigent circumstances, such as to protect human life and safety."
"The Collins-Carper postal reform bill, which was recently signed into law, represents the most sweeping reforms to the U.S. Postal Service in decades, but does absolutely nothing to alter the protections of privacy and civil liberties provided by the Constitution and other federal laws," Collins said Thursday in a prepared statement.
A significant overhaul of the postal service was a big accomplishment for Maine's junior senator because, as she said at the time, "the U.S. Postal Service is the linchpin of a $900 billion mailing industry, providing nine million jobs nationwide, including 38,000 right here in Maine."
Given the complexity of the issue and the various interests involved, it took a lot of effort by Collins and U.S. Sen. Tom Carper of Delaware to pass the law.
The circumstances and procedures under which the government may search sealed mail are well-defined, Collins said.
"The Foreign Intelligence Surveillance Act of 1978 and our federal criminal rules require prior judicial approval before domestic sealed mail can be searched," she said in a prepared statement. "Under limited circumstances when there is an immediate danger to life or limb or an immediate and substantial danger to property, our postal inspectors have the authority to search a sealed package or envelope. This occurs, for example, when wires protruding from a package, odors escaping from an envelope or stains on the outside of a package indicate the contents may constitute such a danger."
In the morning briefing at the White House, Bush spokesman Tony Snow said that the signing statement was about clarifying the law, not broadening presidential authority.
"What the signing statement indicates is what present law allows, and making it clear what the provisions are within present law in terms of dealing with some of these items," Snow said in response to a reporter's question.
"This is not a change in the law," Snow said. "This is not new. It is not as was described in one paper as a 'sweeping new power' by the president. It is, in fact, merely a statement of present law and present authorities granted to the president of the United States."
Despite the message coming out of the White House, the signing statement was enough to put civil libertarians on guard.
"We think signing statements are a tool the president uses to try to subvert U.S. law," said Shenna Bellows, the executive director of the Maine Civil Liberties Union. "The president is supposed to enforce the laws that Congress passes."
Anthony Romero, the executive director of the American Civil Liberties Union, likened the intent of the statement to the warrantless surveillance of telephone calls and Internet communications, which the president has also approved.
"Given the president's dismal record of violating the privacy rights of Americans, we must question whether he is authorizing the opening of mail without a warrant in violation of the Constitution and laws enacted by Congress," Romero said.
The ACLU has filed a Freedom of Information Act request seeking information about the intent of the statement and is asking Congress to investigate.
Collins, for her part, is also hoping for answers.
"I have long had concerns about the president's broad use of signing statements to raise questions about the executive's intention to comply with legislation approved by Congress and signed into law by the president," Collins said in a news release. "And it is my hope that the administration will clarify its intent with this recent statement." |
CLICK HERE To Show/Hide Discussion Thread - (7 Comments)
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Posted By:Maine girl at January 5, 2007 8:08 AM (Suggest Removal) All I can say about the President is Dumb and Dumber!!!!!!!!
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Posted By:David A at January 5, 2007 8:11 AM (Suggest Removal) For those of you who seem to be totally out of touch with how your government works. The signing statement is a tool that has been used by all Presidents. This President just happens to have used it more often than others. Little do you realize that your mail gets opened by the postal service more often than you think and not always for legal reasons. I know, cause I've had the experience of it happening to me.
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Posted By:the old guy at January 5, 2007 9:51 AM (Suggest Removal) doesn't worry me at all if they want to open my mail as long as they don't delay it I don't want my car payment to be late But I do want them to be able to protect us form all things we know that are out there I don't have a corran so "God Bless America"
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Posted By:steve at January 5, 2007 11:11 AM (Suggest Removal) Six years into this bullheaded President's "reign" and Susan Collins doesn't know he uses "signing statements" to customize the law to his liking? Come on Suzie, we all know you're in the President's pocket. When your term is up you will probably be looking for work like many other republican politicians. Time to take the country back from the "lords" of Washington.
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Posted By:David A at January 5, 2007 1:09 PM (Suggest Removal) Hey Steve,
Why is you guys are always condemning this President for using the same powers that every President before him had and used to their liking. When are you going to accept that there will be no impeachment because he didn't brake any laws. He interpreted them to the fullest extent that any President ever has, no matter what the lamebrain lazy media
has to say or write. Prove to me in black and white when and where he violated the Constitution and when he broke the FISA law. You can't and you never will. As for Susie Q Collins, she is far from being in this Presidents pocket, check her record. She's a Republican in name only. She has voted with the Democrats more often then not as does her partner in crime Olimpiad Snow.
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Posted By:Steve at January 5, 2007 3:21 PM (Suggest Removal) Hey David, old guy, and anyone else who will listen, this adminisrtation, as well as Susan Collins took an oath to uphold the Constitution of this great nation. So far, all they have managaged to do is shred it in the name of the "war on terrorism". Anyone who reads this document, (the Constitution), should realize that the first order of business for the new Congress should be to thouroughly investigate the "high crimes and misdemeaners" of the present administration, this should not be taken lightly, nor should Congress balk at the thought of it. If these people are found to have commited offenses against our nation, they should be punished, then handed over to the proper international authorities and tried for war crimes. If the proper action is not taken, and soon, it will be too late, then it will be time to burn the Constitution and put a CROWN on Georges pin head.
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Posted By:David A at January 5, 2007 5:15 PM (Suggest Removal) Hey Steve,
There are no high crimes and misdemeanors(correctly spelled)to be tried. Investigations will only waste tax dollars. Again my liberal socialist friend, read the Constitution and FISA laws. This President is the only President since Reagan, willing to face facts about terrorism in this world. Also you can take your so called World Kangaroo Court from the Hague whose only purpose is to appease 3rd World Dictators and place it where the sun doesn't shine.
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