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Past Is Prologue: Bush to Buck Congress' Yokes

It's that most wonderful time of the year: budget roll-out day. This year's massive budget is the first in which spending for the wars in Iraq and Afghanistan -- $100 billion through September; and then $145 billion through 2008 -- is embedded into the total defense appropriation, as opposed to masking the price through so-called "supplemental" funding later in the year.

But don't expect an end to appropriations-based chicanery. Even though the new Democratic Congress is sure to embed any number of restrictions on the war into the language of the next defense bill, President Bush has an important arrow in his quiver for doing what he wants outside of the budget process: signing statements, his constitutionally-murky declarations of how he intends to implement a law. And if last year's defense bill is any indication, he's set to use them.

This time last year, the GOP was firmly in control of Congress. Even so, lawmakers slipped in provisions to the fiscal 2007 defense bill to prevent the president from using his power in certain reckless ways. For example, buried in at section 8007 is a restriction on covert action:

Funds appropriated by this Act may not be used to initiate a special access program without prior notification 30 calendar days in advance to the congressional defense committees.

In a nutshell, Congress was trying to ensure that special operations didn't run amok, as happened in places like Camp Nama outside of Baghdad, where detainee abuse was widespread. Bush, zealously protective of his authority, signed the defense bill -- but declared in a signing statement that he wouldn't abide by the provision, or others like it:

Although the advance notice contemplated by sections 8007, 8084, and 9005 can be provided in most situations as a matter of comity, situations may arise, especially in wartime, in which the President must act promptly under his constitutional grants of executive power and authority as Commander in Chief of the Armed Forces while protecting certain extraordinarily sensitive national security information. The executive branch shall construe these sections in a manner consistent with the constitutional authority of the President.

This move wasn't new: Bush has claimed exclusive jurisdiction on special operations since the start of the war on terrorism. And it's not known what effect this most recent signing statement actually had. But there have been a number of questionable special operations set up in Iraq over the last year, such as Task Force 16, which seeks to disrupt Iranian activity in Iraq -- something several lawmakers fear may spur further conflict. But with a more hostile Democratic Congress seeking to rein the president in on Iraq -- and many Republicans joining in out of political expediency -- expect an invigorated focus on signing statements.

Ed. Note: Thanks to TPMm Reader S.S.

UPDATE: I stand corrected. The Pentagon is calling the $93.4 billion it's seeking for the war for the remainder of fiscal 2007 "supplemental" funding.


Comments (6)

yugan wrote on February 5, 2007 10:42 AM:

Can you guys provide the full feed for rss readers?? Not just the summary? Please. Thanks

Redshift wrote on February 5, 2007 11:27 AM:

I wouldn't go so far as to call signing statements "an important arrow in his quiver." For all of their bluster, the administration does not seem to have a lot of confidence in signing statements; like many of their extralegal assertions, they do their best to weasel out of any confrontation that would definitively establish whether that power is real or not. If they have to fall back on a signing statement, they're essentially saying "we're not going to follow your law, but it's okay because we *told* you we weren't going to follow your law," and I think they know that. They're trying to establish an imperial presidency by getting a lot of unchallenged assertions into the record, precedent-setting confrontation would be far too likely to go against them.

(Which isn't to say that they won't ignore constraints from Congress and dare them to do anything about it, I just don't think they'll use signing statements to do it.)

chabuka wrote on February 5, 2007 11:37 AM:

Why won't some one fire this asshole...?

brodix wrote on February 5, 2007 11:52 AM:

A letter I just sent to TPM;

Josh,

Why don't the Democrats propose legislation that all additional funding for the war must be paid with tax increases on oil companies and other taxes on energy users, as well as increasing the federal gas tax. Call it the Support our Troops legislation. The symbol they could use to promote it would be a Support our Troops ribbon.

They could quote the Rolling Stones, "Walk before they make you run," since it will likely be something we will have to do in a few years anyway. Might as well use it to put a monkey wrench in Bush's gears now.

jm

Richard L. Adlof wrote on February 5, 2007 1:06 PM:

Golly . . . Just can the special appropriations for the wars and make Commander Codpiece submit the war as budget items.

Additionally, imbed the stipulation that signing statement lack ALL force of law, so the inbred idiot either gets the picture or is faced with explaining why he won’t let congress fund the troops.

bunny99 wrote on February 5, 2007 6:44 PM:

Give him his damn budget but not without reforming his tax breaks for the wealthy and corporate America. Why should the least able take the hit for Bush's wars again.
So far, the Dems have been a huge bunch of chicken shits that still act like they are the minority.

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