Bush Thumbs Nose at Congress

"The Commission was put into place with broad bipartisan and bicameral support, with the intention of studying systemic problems. I would think that these are the sorts of problems that this President would want to root out. . . .

"We don't quite know what the Administration intends with this sort of language, but I want all my colleagues to be aware of it and to be aware that it potentially is an impingement on the rights of this legislative body -- in effect saying that the President has the authority to ignore a law that is now passed, a law that he has now signed. . . .

"If the Administration would like to explain to us what their constitutional issue is with a piece of legislation that the President has just signed, we would be happy to hear that. In the meantime, we are moving forward with this Commission."

Said Sen. Bob Casey: "Every time a senior Administration official is asked about permanent U.S. military bases in Iraq, they contend that it is not their intention to construct such facilities. Yet this signing statement issued by the President yesterday is the clearest signal yet that the Administration wants to hold this option in reserve. Mr. President, that is exactly the wrong signal to send, both to the Iraqi government and its neighbors in the region. Permanent U.S. military bases gives a blank check to an Iraqi government that has shown no evidence it is ready to step up and accept its responsibility to take the training wheels off and demonstrate real leadership and governance for the Iraqi people. Permanent U.S. military bases feeds the propaganda of our enemies, who argue that the U.S. invasion in 2003 was carried out only to secure access to Iraq's oil and establish a strategic beachhead for the U.S. military in the region. Permanent U.S. military bases means that U.S. troops will be in Iraq for years to come, ensuring that the great strain on the U.S. military we see today will continue indefinitely."

The only White House response I've seen thus far was in an Associated Press story by Mary Clare Jalonick, who reported a White House spokeswoman's claim that the contracts investigation provision could be read to require the Justice Department to disclose whether or not it is prosecuting individuals.

"'Under longstanding constitutional principles, the executive branch may protect from disclosure certain sensitive information, including national security information, as well as information about decisions whether to file criminal charges,' the spokeswoman, Jeanie Mamo, said late Tuesday. 'The signing statement provides notice that the commission's requests for information, if they are too broad, may run afoul of the Constitution.'"

Despite the silence in its news columns, the New York Times editorial board weighs in today: "The president said [the four provisions] impinged on his constitutional powers. We asked the White House to explain that claim, but got no answer, so we'll do our best to figure it out.

"The first provision created a commission to determine how reliant the government is on contractors in Iraq and Afghanistan, how much waste, fraud and abuse has occurred and what has been done to hold accountable those who are responsible. Congress authorized the commission to compel government officials to testify.

"Perhaps this violated Mr. Bush's sense of his power to dole out contracts as he sees fit and to hold contractors harmless. The same theory applies to the second provision that Mr. Bush said he would not obey: a new law providing protection against reprisal to those who expose waste, fraud or abuse in wartime contracts.

"The third measure Mr. Bush rejected requires intelligence officials to respond to a request for documents from the Armed Services Committees of Congress within 45 days, either by producing the documents or explaining why they are being withheld. Clearly, this violates the power that Mr. Bush has given himself to cover up an array of illegal and improper actions, like his decisions to spy on Americans without a warrant, to torture prisoners in violation of the Geneva Conventions and to fire United States attorneys apparently for political reasons.

"It's glaringly obvious why Mr. Bush rejected the fourth provision, which states that none of the money authorized for military purposes may be used to establish permanent military bases in Iraq.

"It is more evidence, as if any were needed, that Mr. Bush never intended to end this war, and that he still views it as the prelude to an unceasing American military presence in Iraq."