you mean they are peeking at my gardening catalogs?

[Guest guest]

Associated Press

Bush Signing May Change Mail Laws

By RANDOLPH E. SCHMID 01.04.07, 2:28 PM ET

 

 

 

 

 

A signing statement attached to postal legislation by President Bush

last month may have opened the way for the government to open mail

without a warrant.

 

The White House denies any change in policy.

 

The law requires government agents to get warrants to open first-class

letters.

 

But when he signed the postal reform act, Bush added a statement saying

that his administration would construe that provision " in a manner

consistent, to the maximum extent permissible, with the need to conduct

searches in exigent circumstances. ... "

 

" The signing statement raises serious questions whether he is

authorizing opening of mail contrary to the Constitution and to laws

enacted by Congress, " said Ann Beeson, an attorney with the American

Civil Liberties Union. " What is the purpose of the signing statement if

it isn't that? "

 

She said the group is planning to file request for information on how

this exception will be used and also asking whether it has already been

used to open mail.

 

White House Press Secretary Tony Snow said there was nothing new in the

signing statement.

 

In his daily briefing Snow said: " All this is saying is that there are

provisions at law for - in exigent circumstances - for such

inspections. It has been thus. This is not a change in law, this is not

new. "

 

Postal Vice President Tom Day added: " As has been the long-standing

practice, first class mail is protected from unreasonable search and

seizure when in postal custody. Nothing in the Postal Accountability

and Enhancement Act changes this protection. The president is not

exerting any new authority. "

 

However, Sen. Charles E. Schumer, D-N.Y., criticized Bush's action.

 

" Every American wants foolproof protection against terrorism. But

history has shown it can and should be done within the confines of the

Constitution. This last-minute, irregular and unauthorized

reinterpretation of a duly passed law is the exact type of maneuver

that voters so resoundingly rejected in November, " Schumer said.

 

The ACLU's Beeson noted that there has been an exception allowing

postal inspectors to open items they believe might contain a bomb.

 

" His signing statement uses language that's broader than that

exception, " she said.

 

Bush uses the phrase exigent circumstances: " The question is what does

that mean and why has he suddenly putting this in writing if this isn't

a change in policy, " she said.

 

In addition to suspecting a bomb or getting a warrant, the law allows

postal officials to open letters that can't be delivered as addressed -

but only to determine if they can find a correct address or a return

address.

 

Bush has issued at least 750 signing statements during his presidency,

more than all other presidents combined, according to the American Bar

Association.

 

Typically, presidents have used signing statements for such purposes as

instructing executive agencies how to carry out new laws.

 

Bush's statements often reserve the right to revise, interpret or

disregard laws on national security and constitutional grounds.

 

" That non-veto hamstrings Congress because Congress cannot respond to a

signing statement, " ABA president Michael Greco has said. The practice,

he added, " is harming the separation of powers. "

 

The president's action was first reported by the New York Daily News.

 

The full signing statement said:

 

" The executive branch shall construe subsection 404© 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, such as to protect human

life and safety against hazardous materials, and the need for physical

searches specifically authorized by law for foreign intelligence

collection.

 

 

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