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.

Continue reading »

I'm not sure how exactly to process this news... According to the AP, this is not so much courting possible Republicans switch voters but re-affirming his long standing position after being painted as being far left over the primaries:

Speaking with reporters, Obama disputed that he is altering views.

"I get tagged as being on the left and, when I simply describe what has been my position consistently, then suddenly people act surprised," he said. "But there hasn't been substantial shifts there."

While Obama would expand Bush's efforts to give religious charities more equal footing when getting federal funding, he also would tweak what he would call the President's Council for Faith-Based and Neighborhood Partnerships in ways that divert from Bush's approach.

As you recall, Bush's head of the Faith Based office, David Kuo, derided the office for being over-politicized.  So what kinds of tweaking would Obama do?  BeliefNet thinks that it's ultimately positive for Barack, after the media scandals of Rev. Wright, to show his commitment to his faith.  Obama's campaign has sent out a fact sheet that does make the following promises: 

Obama's initiative will be governed by a set of core principles for federal grant recipients. In order to receive federal funds to provide social services, faith-based organizations:

* Cannot use federal funds to proselytize or provide religious sectarian instruction.
* Cannot discriminate against nonmembers in providing services. They must remain open to all and cannot practice religious discrimination against the populations they serve.
* Must comply with federal anti-discrimination laws, including Title VII of the Civil Rights Act of 1964. Religious organizations that receive federal dollars cannot discriminate with respect to hiring for government-funded social service programs.
* Can only use taxpayer dollars on secular programs and initiatives.
* Must prove their efficacy and be judged based on program effectiveness. They will be expected to demonstrate proven program outcomes to continue to receive funding. Obama will fund programs that work and end funding for programs that do not - whether they are large or small, well-established or new, faith-based or otherwise.

In addition, Obama has been reaching out to evangelicals in other ways as well. Pastor Dan has more...