In my view, this could turn out to be the big question of the new year: Do we have a president who refuses, in any matter tangentially related to the war on terror, to obey the law? We know he broke the FISA law and lied about it. We know he broke U.S. law against torturing detainees, and lied about it. Now we find that he is declaring himself unbound by the McCain Amendment. Marty Lederman is on the case. Money quote from the president’s signing statment of the Amendment:

The executive branch shall construe Title X in Division A of the Act, relating to detainees, in a manner consistent with the constitutional authority of the President to supervise the unitary executive branch and as Commander in Chief and consistent with the constitutional limitations on the judicial power, which will assist in achieving the shared objective of the Congress and the President, evidenced in Title X, of protecting the American people from further terrorist attacks.

Translation: I will violate this law whenever I feel like it. I hoped we had put this issue behind us. It appears we haven’t.

– posted by Andrew.


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