Articles
Features
Resources
About Us
 
Search
Newsletter Signup
Enter your email address to receive the In Perrspective newsletter:
Resource Center
  • Polls
  • U.S. News
  • Int'l News
  • Document Library
  • Online & Print Mags
  • Columns/Blogs
  • Elections & Voting
  • Key Data Sources
  • Think Tanks
  • Reading List
  • Oregon Resources
  • Support the Troops
  • Columns and Blogs
  • Eric Alterman
  • Marc Ambinder
  • AmericaBlog
  • Atrios
  • Bad Reporter
  • BlueOregon
  • Carpetbagger
  • Complete Bushisms
  • CJR Campaign Desk
  • Crooked Timber
  • Crooks and Liars
  • Daily Beast
  • Daily Kos
  • Brad Delong
  • E.J. Dionne
  • Kevin Drum
  • FiveThirtyEight
  • FireDogLake
  • Glenn Greenwald
  • Huffington Post
  • Hullabaloo
  • Media Matters
  • Mark Kleiman
  • Paul Krugman
  • LeftyBlogs
  • Memeorandum
  • MyDD
  • Pam's House Blend
  • The Plank (TNR)
  • Political Animal
  • Political Humor
  • The Politico
  • Pollster.com
  • Satirical Political
  • Sideshow
  • Andrew Sullivan
  • Talk2Action
  • Talking Points Memo
  • TPM Cafe
  • TPM Muckraker
  • TAPPED
  • Think Progress
  • Wonkette
  • Matthew Yglesias
  • -- more --
  •  
    October 29, 2008
    In Final Days, Bush Bypasses Laws on Privacy and Hiring Discrimination

    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.

    (This piece originally appeared on Crooks and Liars.)

    Perrspective 09:11 AM Permalink
    Comments

    And impeachment was off the table why?

    Posted by Ted at October 29, 2008 02:47 PM

    Post a comment



     
    Find Entries
    Find by Category:
    Find by Keyword(s):
    Syndicate:
    Recent Entries

    McCain Offers Tax Windfall for Cindy the Beer Heiress
    October 29, 2008 - Comments (0)

    McCain Disagrees with McCain, Joe the Plumber on Social Security
    October 29, 2008 - Comments (0)

    In Final Days, Bush Bypasses Laws on Privacy and Hiring Discrimination
    October 29, 2008 - Comments (1)

    McCain Surrogate Fiorina to Auto Industry: Drop Dead
    October 28, 2008 - Comments (0)

    McCain Attacks Bush for Economic Policies They Share
    October 27, 2008 - Comments (0)

    Despite Media Myths, Obama Dominant Among Hispanic and Jewish Voters
    October 27, 2008 - Comments (1)

    GOP Fear-Mongering Now Includes Holocaust, Gay Uncle
    October 26, 2008 - Comments (0)

    Lieberman, Anchorage Paper Latest to Disrespect Palin
    October 26, 2008 - Comments (0)

    The McCain Campaign's Susan Smith Moment
    October 24, 2008 - Comments (0)

    Palin, Abortion and the Right-Wing Terror Threat
    October 24, 2008 - Comments (1)

    Monthly Archives
  • October 2008
  • September 2008
  • August 2008
  • July 2008
  • June 2008
  • May 2008
  • April 2008
  • March 2008
  • February 2008
  • January 2008
  • December 2007
  • November 2007
  • October 2007
  • September 2007
  • August 2007
  • July 2007
  • June 2007
  • May 2007
  • April 2007
  • March 2007
  • February 2007
  • January 2007
  • December 2006
  • November 2006
  • October 2006
  • September 2006
  • August 2006
  • July 2006
  • June 2006
  • May 2006
  • April 2006
  • March 2006
  • February 2006
  • January 2006
  • December 2005
  • November 2005
  • October 2005
  • September 2005
  • August 2005
  • July 2005
  • June 2005
  • May 2005
  • April 2005
  • March 2005
  • February 2005
  • January 2005
  • December 2004
  • November 2004
  • October 2004
  • September 2004
  • August 2004
  • July 2004
  • June 2004
  • May 2004
  • April 2004
  • March 2004
  • February 2004
  • January 2004
  • Category Archives
  • 9/11
  • Barking Mad
  • Bush Admin.
  • Business
  • China
  • Congress
  • Contests
  • Culture War
  • Democrats
  • Economy
  • Education
  • Election '04
  • Election '06
  • Election '08
  • Energy
  • Environment
  • Foreign Policy
  • GOP Quotes
  • Health Care
  • Image Gallery
  • Immigration
  • Iran
  • Iraq
  • John Kerry
  • Media
  • Nat'l Security
  • North Korea
  • Republicans
  • Soc. Security
  • Sports
  • Supreme Court
  • Technology
  • Terrorism
  • The States
  • Top 10 Lists
  •  
     

    Copyright © 2004 - 2009 PERRspectives.com. All Rights Reserved.
    Visit the Contact page to report problems with the site.