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MisterOpus1
Grumpy Old Fart

Registered: Dec 2001
Location: Kansas City
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| quote: | Originally posted by Q5echo
so you idiots didn't know that law enforcement has always been able to open mail using "exigent circumstances"?
NYDaily spun you people real good. |
Uhh, no. While true that law enforcement has the right to do this, they only have that right WITH A PROPER SEARCH WARRANT garnered by either the federal or FISA courts.
This new signing statement allows Bush to once again circumvent FISA and the federal court warrant process and open up mail whenever he sees fit.
Worse than that, take a look at the signing statement:
| quote: | The executive branch shall construe subsection 404(c) of title 39, as enacted by subsection 1010(e) of the Act, which provides for opening of an item of a class of mail otherwise sealed against inspection, in a manner consistent, to the maximum extent permissible, with the need to conduct searches in exigent circumstances......
http://www.whitehouse.gov/news/rele...20061220-6.html |
What is subsection 404(c) of title 39? Welp, it's not from the bill that Congress created - rather, title 39 is from EXISTING FEDERAL LAW:
http://www.access.gpo.gov/uscode/ti..._chapter4_.html
IOW, Bush used this signing statement not just to modify the meaning of actual legislation created by Congress - he took it a step further and modified EXISTING FEDERAL LAW. How a signing statement can somehow perform this legally is rather bewildering.
___________________
Whence September dusk grows crisper still,
with leaves all crimson conquered,
I yearn to shout,
and dance about,
and stick pickles in my honker...
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Jan-05-2007 15:53
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