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Bush claims new powers to open mail
NEW YORK DAILY NEWS
01/04/2007

WASHINGTON — President George W. Bush has quietly claimed sweeping new
powers to open Americans' mail without a judge's warrant, the New York
Daily News has learned.

The president asserted his new authority when he signed a postal reform
bill into law on Dec. 20. Bush then issued a "signing statement" that
declared his right to open people's mail under emergency conditions. That
claim is contrary to current law and contradicted the bill he had just
signed, say experts who have reviewed it.

Bush made the move in the winter congressional recess and a year after his
secret domestic electronic eavesdropping program was first revealed. It
caught Capitol Hill by surprise.

"Despite the president's statement that he may be able to circumvent a
basic privacy protection, the new postal law continues to prohibit the
government from snooping into people's mail without a warrant," said Rep.
Henry Waxman, D-Calif., the incoming House Government Reform Committee
chairman, a co-sponsor of the postal bill.

Most of the Postal Accountability and Enhancement Act deals with mundane
reform measures. But it also explicitly reinforces protections of
first-class mail from searches without a court's approval.

Yet in his statement Bush said he would "construe" an exception, "which
provides for opening of an item of a class of mail otherwise sealed
against inspection in a manner consistent … with the need to conduct
searches in exigent circumstances."

Bush cited the need 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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