In Final Days, Bush Bypasses Laws on Privacy and Hiring Discrimination
By Jon Perr Tuesday Oct 28, 2008 5:00pm
Even in its last throes, the Bush administration continues its uninterrupted lawlessness. As two recent stories by Charlie Savage of the New York Times revealed, President Bush ignored Congressional statutes requiring privacy disclosures by his Department of Homeland Security and non-discrimination in hiring by faith-based groups receiving federal funds. In twice turning his back on the rule of law, Bush again resorted to his favorite executive power-grabbing tools, the signing statement and "interpretation" by the DOJ's Office of Legal Counsel.
Savage, who won a Pulitzer Prize for his 2006 expose of Bush's unprecedented use of signing statements, revealed last Friday that the President is at again. The White House informed Congress that it is bypassing a law passed as part of the package of recommendation from the 9/11 Commission. Designed to prevent political interference with the Department of Homeland Security:
The August 2007 law requires the agency’s chief privacy officer to report each year about Homeland Security activities that affect privacy, and requires that the reports be submitted directly to Congress “without any prior comment or amendment” by superiors at the department or the White House.
But in a move ranking the Republican on Senate Judiciary Committee Arlen Specter (R-PA) deemed "unconstitutional" and "dictatorial," DHS Secretary Michael Chertoff told Congress the administration would not "apply this provision strictly" because it infringed on the president’s powers. And as Savage detailed, President Bush used a signing statement to thwart the will of Congress - and the law of the land:
The Bush administration defended the decision not to obey the statute. Erik Ablin, a Justice Department spokesman, said its legal view was consistent with what presidents of both parties had long maintained.
Mr. Ablin also said the administration had told Congress that the provision would be unconstitutional, but Congress passed the legislation - which enacted recommendations of the 9/11 Commission - without making the requested change. So the administration decided to sign the bill and fix what Mr. Ablin called its "defects" later.
In condoning illegal discrimination in hiring by religious charities receiving funds from American taxpayers, President Bush turned to his Office of Legal Counsel.
Once led by John Yoo (whose infamous memo defined torture as "equivalent in intensity to the pain accompanying serious physical injury, such as organ failure, impairment of bodily function, or even death"), the OLC in 2007 produced a memorandum claiming "the Bush administration says it can bypass laws that forbid giving taxpayer money to religious groups that hire only staff members who share their faith."
As Savage detailed on October 17th, the jaw-dropping Justice Department document makes patently illegal hiring practices the policy of the Bush administration:
The document signed off on a $1.5 million grant to World Vision, a group that hires only Christians, for salaries of staff members running a program that helps "at-risk youth" avoid gangs. The grant was from a Justice Department program created by a statute that forbids discriminatory hiring for the positions it is financing.
But the memorandum said the government could bypass those provisions because of the 1993 Religious Freedom Restoration Act. It sometimes permits exceptions to a federal law if obeying it would impose a “substantial burden” on people’s ability to freely exercise their religion. The opinion concluded that requiring World Vision to hire non-Christians as a condition of the grant would create such a burden.
Citing the plain language of the text and Supreme Court precedent, legal scholars like George Washington University's Ira C. Lupu deemed the DOJ's policy "a very big stretch." The ACLU's Christopher Anders aptly summed up President Bush's green light for religious discrimination, "It’s really the church-state equivalent of the torture memos."
As George W. Bush prepares to leave the White House to "replenish the ol' coffers," that statement will be just another grim chapter in his dark legacy of law-breaking.
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Sounds like there's at least one wasteful gov't agency that could stand to see it's budget cut to $0. Let's see Skeletor's career survive that.
But you may be referring to the DOJ and under the Bush Crime Syndicate, and, once again, I couldn't agree more.
recognize his consistency.
...i cant wait to have a constitutional scholar living in the White House.
"...i cant wait to have a constitutional scholar living in the White House."
So he can change the constitution right? Since he think it is flawed, so I am sure this will be coming down the road.
When is anyone going to understand around here that smart, educated, scholar, la te da....does not equate to experience or common sense....
[Deleted. Off topic-Sitemonitor]
Obama is a constitutional lawyer and professor. You think he is going to change the constitution? You are an absolutely raging lunatic.
Honestly, go back to little green snotballs where you belong.
MsJoanne
Even John can't stand the smell at the greaseball convention which is amazing because the odour from his comments is nigh onto unbearable. I suspect he types with his back end to us.
[Deleted. Off topic-Sitemonitor]
I see where you're going with this. And you are certainly entitled to your opinion.
McCain graduated from the bottom of his class.
McCain has shown recently that he is all over the map with what he believes in.
McCain also admitted to being broken by the enemy while in captivity.
He also signed anti American propaganda.He capitulated.
These are just a few things he's guilty of.
So if you're going to bash Obama for being smart.
At least he is smart. Given the choice between the two,I'll go with the smart guy. Wisdom is an acquired trait.
Something Mccain hasn't accomplished yet.
Spouting Limbaugh talking points on this site won't get you very far at all...
When are YOU gonna understand that anti-intellectualism is one of the tenets of fascism.
And McCains experience doesn't equate to wisdom or common sense...
All the experience in the world mean jack shit, if ya constantly make bad decisions.
Now, to address the TOPIC at hand....bush is a goddamn criminal SOB, and needs get the FUCK out of the WH. NOW!
You've been listening to Rush the Limp again! The only portion of the constitution that Barak Obama ever thought 'flawed' was the part that did NOT outlaw slavery...when he read that speech of Obama's that, by the way, was 7 years old, he just "forgot" to include that part, I guess....you know, if I was gonna give that closeted old child-molesting pervert the benefit of the doubt.
Obama voted for the Patriot Act, the homegrown terror act (H.R. 1955), wiretap immunity for AT&T, and a bailout for Wall st. ...and hence...doesnt know shit about the constitution.
Don't ever forget the Dems including Obama are bought and sold in the same manner as the Repubs. All you're going to get from Obama is a Clintonesque middle of the road White House but you are not going to get real change. I will be shocked if sustainable energy gets any real movement or if there is any real change in health care by 2012. I think we'll be lucky if the U.S. is out of Iraq by 2010.
Presidents don't call the shots. They're told what to do by big money special interests and rarely are there exceptions to the rule.
Obama wasn't in the Senate when the Patriot Act was passed.
Sorry!
http://obama.senate.gov/podcast/051216-the_pa...
The funny thing is, that in Ohio. The RNC filed a lawsuit to disenfranchise over 200,000 voters.
When the lawsuit was thrown out by the state Supreme Court.
Boehner called Mukasey to do something.
Mukasey didn't respond.
So Boehner called Boosh.
Boosh in turn called Mukasey and told him to look in to it.
By launching a federal probe/investigation.
"You can't Luv America, if you want to disenfranchise the voters."
I caught this on the Peter B show today.
Credit to Peter B.
used to be a respected judge. He (like McCain) has sold his soul to move up the career ladder.
He knows something we don't.
He's got his eye on the SCOTUS.
Oh this is rich! The Thugs complain the law restricts thier power that They themselves assumed without mandate. What a crew. That's Thug logic fer ya. Lord Free me!
NIXON: Well, when the president does it that means that it is not illegal.
FROST: By definition.
NIXON: Exactly. Exactly. If the president, for example, approves something because of the national security, or in this case because of a threat to internal peace and order of significant magnitude, then the president's decision in that instance is one that enables those who carry it out, to carry it out without violating a law. Otherwise they're in an impossible position.
No. No. No. No.
'national security' or 'internal peace' is another man's police state.
What has weakened this country as much as anything of my lifetime is Fords pardon of Nixon, Clinton's failure to completely investigate the "Iran Contra Affair" and bring criminal charges, Clinton's impeachment over nothing that left a bad taste in many Americans mouth for a Partisan impeachment no matter what the justification, and Pelosi's refusal to at least start the impeachment hearings of Bush.
The old boy network with a wink and a nod.
is not a good idea. He's the only president to resign. And he had to do that because of his illegal activities. In the summer of 1973, I was pregnant, lived in the country and watched those hearings from beginning to end. And was also an unacknowledged source for Tony Summers' book on Watergate. Not a good move to reference Nixon.
Impeachment was off the table! That told George Bush he could do whatever he wanted.
Not smart.
and He did.
and apparently intends to continue doing so until (and/or if)
he leaves in January.
He has an economic summit planned for the 2nd or 3rd week in November - so he can work with world leaders to continue to screw us by messing with the international financial system. Wonder how much more of our wealth he'll be giving to his buds.?
And, I can't wait to see the Pardon list - I'll bet his own name will be on it!!
I hope when Obama is president,he will put Bush and Chenney on trial...
I hope he doesn't make the same mistake Clinton did by not going after the Iran-Contra criminals. He hoped (from what I've read) that if he didn't, the Republican Congress would work with him. Clinton's smart, but he really screwed the pooch on that one.
"It sometimes permits exceptions to a federal law if obeying it would impose a “substantial burden” on people’s ability to freely exercise their religion. The opinion concluded that requiring World Vision to hire non-Christians as a condition of the grant would create such a burden."
That means that if you're of one religion, it isn't fair (or actionable) to insist that you work with anyone who doesn't believe the way you do... It's the McDisneyfication of belief systems! Let's all be alike!
Not.
It's always worked so well for them in the past.
I've said it many times and I'll say it again-The Thugs will Not give up power willingly. They will Not go quietly. Until Obama takes the oath of office,hold on to Your ass.
will be one big hellish mess. I can't imagine what they're gonna come up with then....
They are very predictable.
And extremely creative. I'm sure they'll dream up some real doozies in the next few months.
count on it. Save your cash.
I'm holding.
We haven't had a fair election since 1996. The Gophers will use any method they can to not leave office in 2009. I don't think it's Bush (because he really doesn't comprehend what may lay in store for him), but it's people like Cheney, et al. who can see what may happen if they "leave' power.
More than O'Reilly. More than Flush. More than Baby Jesus Hannity.
He is wretched, rotten and bereft -- a true waste of human DNA.
I hope he meets an early demise in the jungles of Paraguay, where he'll decamp after his criminal reign is over. He's getting off scot-free.
are just tools. TheThugs are the big bananas. 'Silver wings shining in the sunlight'
I agree that he's wretched, rotten and bereft but what made you think that human DNA is involved?
Human DNA is only a few steps removed from a banana. I used a visual-as it were.
Someone educate me.
A law is passed.
He ignores it with a "signing statement"
Is this legal?
If not why are we obeying it? hold him to the law!
Why does a "signing statement" carry any weight at all?
On a side note: why isn't this guy impeached already?
'signing statements' are legal to a degree. The caveat is the power behind the throne. The RePug congress signed over anything thier masters wanted. And used filibuster to knock done any dissent.
"legal to a degree"... Are they? Where? not in the Constitution. and filibusters et al should be irrelevant if he has no such powers.
the wink and a nod. The minority can't even bring it to the floor with the majority controlling the floor. Constitution be damned.
the last 8 years? It's all unfolded before our eyes.
"'signing statements' are legal to a degree."
In that case I think I will fill out a tax return this year with one of those "signing statements" ...wonder how far that will get me
a majority of congress behind you,nowhere.
Signing statements are no more legal than line item vetoes.
The reason the Executive has been able to get away with them is because of “Interpretation.” Bush signs a bill, and is told how to interpret it in a way which is in his political interest.
Saying something is one thing, but interpretation is not in the realm of the Executive Branch; that’s up to the Judicial Branch – until now.
The argument so far is that until Bush DOES something contrary to the bills under the guise of a signing statement, he can’t be prosecuted. Unfortunately, over the last 8 years, he has. Congress has not been willing to call him on any of it however.
You put it precisely correct.
I can't wait to see his last days pardons
Gosh darn it, that man is just determined to be as douchey as he possibly can, isn't he.
Sounds like this guy might have an underground bunker somewhere. He could certainly use one.
and he'll always have his good buddy Dead Eye Dick as a potential roommate.
either he or his family has a LOT of land in Paraguay, which doesn't have an extradition treaty with the US. So GWB can stay here or go to Paraguay. Pretty much anywhere else in the world is more than willing to throw his happy ass into the dock. REMEMBER PINOCHET!
This Prez is the absolute worst. The stench from his years will linger for decades.
One's man stench is another man's perfume. E.g., Nixon's approchement with Mao, Nixon's trashing of the 1947 Bretton Woods agreement (the gold standard), Reagan's dementia re Iran-Contra, Clinton's signing off on the deregulation of the banks. .. There are those to whom those catastrophic events were like the morning dew.
Mere mortal law cannot stop the back door logic of the Great and Powerful Unitary Executive and his minions. But Karma is one hell of a bitch.
The Constitution doesn't provide rules for how Congress can or cannot act. THEY made up thier own rules. 'Comitees' are not mentioned in the constitution. The power of writs of indictment are not in the Constitution. hell,if you are summoned before Congress there is Nothing in the Constitution that says You must.
"The Constitution doesn't provide rules for how Congress can or cannot act."
Im quite sure it says (multiple times) in the Bill of rights that ....Congress shall pass no law...
i was speaking of how Congress runs itself. If you were reading the thread,you would know that was the subject. Perhaps you should backtrack and read From The beginning.
And let's remember that the Legislative branch in is Artice I of the Constitution and has extensive enumerated powers. The executive is in Article II and has very limited, enumerated powers. The Commander in Chief BS was a last minute thought and in no way is superior to Article I. One more thing. This Commander in Chief BS only applies to those in the military. I'm not. So the CinC does NOT apply to me.
But today is reality.
Even though the three Branches of Government are supposed to be in a kind of contention, they have not been. The checks and balance is out of whack right now.
I like to think of it like a tennis match.
The Legislative Branch serves to the Executive, and they volley back and forth until a bill is passed. Sometimes the point goes to the Executive, sometimes to the Legislative. The Judicial is there as referee.
But a bad thing happened 7 years ago. Bush and Congress decided to have a “friendly game” They called off the services of the Judicial Branch by stacking the deck with “team players.” Ever since then The Executive gets to “overlook” the rules, and the Legislative doesn’t care.
It started out with Bush just “stepping over the line” on serves. Congress said, “Well, it’s a friendly game. Who cares?” But Bush didn’t stop there. He went further and further over the line after every game, until he was serving at the net. Congress never had a chance to return service. Aces – every turn.
Congress didn’t care, they had nothing riding on the game – and got a percentage of the gate from the spectators (corporate America) anyway.
The Judicial was busy watching another game.
It has turned out to be a very costly and very deadly game, set and match.
It’s time to end the game, and put the rules back.
Is Obama going to have the power to throw these Fascists out of our government?
it is possible he wouldn't even want to get rid of these fascists, its much easier to use the dupes that bush used! to further his desire to widen the war in Afghanistan as he says hes planning on, after all if he replaces them he may meet some opposition for that policy from others who may see the wisdom in withdrawing from another unending war of aggression against the people of Afghanistan and Pakistan,
Only by our vote.
everyone says'there awta be a law' (fill in the blank) You think Congress-as it now is situated-will ever pass a 'law' against it's own self interest? Hardly.
Looking back over the last 7 years I can not think of one single thing that this slimy little rat and his army of scum suckers have done for the good of someone besides themselves. At every turn or cross road this fuck took the path that would hurt the many and help a small few, on the bright side, he has aged 30 years. I remember reading a book about nazis planting a sleeper in the US,given lots of funding with a plan to raise a family of agents to get inside the gov and kill it from the inside. Turns out the whole thing was true, talk about wild conspiracys, from grandpa rat, passed down to little nutty rat. Why did J E Hoover not do more to get rid of this family of rats, when he found out grandpa rat was funding the nazis, oh yea that's right, he was busy protecting us from "the commies" and washing his bra for an up comming date. Don't know where this comes from but" you knew I was a snake before you let me in" comes to mind.-CEO,citizens,eyes,open
Agreed
If Obama wins and the Dems win big majorities in Congress and, within the first 6 months, they do NOT pursue criminal charges against Bush administration officials (including Bush & Cheney) I will tear up my voter registration card and never vote again.
Your right. But,it won't undo the past. Move forward to a new day.
that is what the fascists in government want....people NOT voting.
that is the M.O.
Of course, it can't undo the past, just as it can't bring back the 4000+ soldiers and thousands of innocent Iraqi's who lost their lives. They don't have a "new day" to move on to. It's up to the living to bring those to justice that took their lives away. The only reason that I can think of for the Dems NOT to go after the lawlessnes of the last 8 years is that they can't because of their own complicity. If that's the case then democracy is broken - the experiment failed - and I want no part of it.
when i say I want The Thugs [Deleted. Do NOT advocate violence on this site-Sitemonitor]. I DO. I'm just pointing out Reality. I am with You.
How about those comments below Me? Hmmm?
[How about using the 'Flag as Inappropriate' button. That's what it's there for. You can snitch people off without the whole board knowing-Sitemonitor]
with a hemp rope doesn't advocate violence? OK I'm singeled out. Again.
[I didn't look at the whole thread. I have a page that shows all the comments in all the threads. I only saw your comment. Easily remedied though. I'll check the thread as per your information-Sitemonitor]
Thanks. And at the risk of being crass, [I heard another side to the story. I don't like being put in the middle. Knock it off, both of you. Ignore each other, like the big kids do, when they get pissed at each other-Sitemonitor]. I only wish to be treated with respect AND not to be singled out. It's your party,but sometimes it is NOT a fair fight. I Love this site and the people here on it. Take that as advice OR ban me. I really don't care at This point.
[Email us -- this goes for anyone -- if you need any help on the site. We're here to help, not take sides or anger posters. Flag comments you think we should scrutinize. It helps-Sitemonitor]
{ This is the other Site Monitor. I'm the one who deleted those comments. Both of you were going off topic and bashing each other.
Today it started with you criticizing his spelling. Who are you? The spelling police? Look, This ends right now.Period. I've asked you to be civil towards other people commenting. You are welcome to comment on any TOPIC. If you have any questions. 1st you should read the commenting policy. Thank You. SiteMonitor}
You zipped out my last comment AND the reply. and you complain about censorship? Cool.
[Like this comment, it has nothing to do with the topic at hand-Sitemonitor]
http://www.guardian.co.uk/world/2008/jan/10/i...
Bush criminal to the end...
It would be nice to see a thread where we could list the things that need to be investigated by the democrats.
1. The 2000 Florida Election
2. The DOJ Firings
3 The War Crimes
4. Cheney
5. The Republican Party
6. Partisan appointments to organizations. Fema, Enviroment,FDA
Feel free to add on.
How bout invading a sovereign nation, Iraq, that didn't attack you, or anyone else for that matter in over decade. Or torture at Gitmo, Wiretapping without FISA court approval - the list goes on and on.
Their trial could be on the Smoking Gun's "Worlds Dumbest Criminals"
And? All you finger-wagers thought maybe Bush would see the error of his ways and reverse himself into progressive liberalism?
Pat yourselves on the back and take some credit. Bush could not have run roughshod over the constitution w/o a completely useless opposition party clearing the way.
Too bad all of you were too busy blogging eveyrday to do anything about it.
Vote Obama '08
Just what are you doing about it?
I wrote some letters and now one of my recipients is going to be our next VP!
Why do I anticipate Bush and Co. will try to skip the country on or around inauguration day?
He has a hideout waiting for him
http://www.thetruthseeker.co.uk/article.asp?I...
No extradition treaty there either...
it's time to tie 50lbs of lead weight to bush's
balls and throw him in the ocean as bait for
anything unfortunate enough to run into him.
The only way to prevent such abuses of the Executive branch in future is to go after the ringleader of this corrupt period. This will make a future president Romney, for example, think twice before following in Bush's footsteps. A super-majority in the Senate will allow Obama to do this. Call your friends and relatives and convince them to vote
The one thing that is hard for me to understand is.
We have good people that have been president in my lifetime like Kennedy and we all know what happened to him. Yet now we have the most terrible pile of shit that we have ever had in America as president and no one tries to shoot the stupid son of a bitch.
Why is that? Could it be that all the terrorists are on the republican side?
Something to think about!
What a cute way to say that you are ignoring, breaking, violating the law.
Where is the prosecution for this?
But remember- Anthony Calabresi says that only liberal and Democratic judges don't believe in the rule of law and the constitution. So, thank God for those right wing judges who Bush packed the courts with who will uphold them!
Ok, I'm officially volunteering to give Bush a blow job since that appears to be what it takes for impeachment.
Since Jeff Gannon is too busy blowing Rove and others, I'll step up to the plate for our country. How do I get on the Press Pool without any credentials to gain access? Should I ask Gannon about how to do that? Or should I volunteer as an intern since Foley and Hasert are gone now?
The original religious outcasts who found America so appealing were escaping persecution not by secular governments, but by the dominant religions. Their descendants now have a government that in effect sanctions persecution of the secular by faith tests and hiring bans.
Dumbya senior and the missus(Babs) must be so proud to be the parents of 2 imbecilic children like Dumbya Jr. and Jeb! Is Jeb short for Jebus?
My favorite photoshopped picture is bush in a orange jumpsuit and cuffs. just look at the bush admin. and see all that were present during nixon. If it had been stopped back in the 70s,we wouldn't be in the shape we are in today.
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