Bush appears to contradict anti-torture pledge | FT
President George W. Bush has asserted that he retains the right to authorise abuse of detainees under extreme circumstances, despite agreeing to legislation last month that explicitly prohibited such treatment.......
A senior administration official told the Boston Globe this week that while the administration intended to abide by the law, there might be extreme circumstances under which the president would have to waive the law to protect national security.
The language attached to the bill marks the latest attempt by the White House to assert that under the US constitution, Congress has no authority to tie the president"™s hands in the "œwar on terror". The administration is defending on the same grounds Mr Bush"™s secret decision to authorise the National Security Agency to monitor communications inside the US, ignoring the legal requirements set by Congress nearly 30 years ago.
The "œsigning statement" of December 30 is an even bolder claim, however, because it appears to contradict directly the agreement between the White House and Senator John McCain,......are challenging the White House interpretation of the law, which has reintroduced the ambiguity that the legislation sought to end.
"œWe believe the president understands Congress"™s intent in passing by very large majorities legislation governing the treatment of detainees," they said. "œThe Congress declined when asked by administration officials to include a presidential waiver of the restrictions included in our legislation."
The legal force of such presidential signing statements is unclear. When Congress passes a law, it routinely attaches a statement explaining its interpretation of the law, which is later considered by the courts in determining how to enforce the law.
