http://www.boston.com/news/nation/washington/articles/2007/01/05/new_law_on_
opening_of_us_mail_draws_fire/

 


New law on opening of US mail draws fire


By Randolph E. Schmid, Associated Press  |  January 5, 2007

WASHINGTON -- A signing statement attached to postal legislation by
President Bush last month may have opened the way for the government to open
mail without a warrant.

The White House denies any change in policy.

The law requires government agents to get warrants to open first-class
letters.

But when he signed the postal reform act, Bush added a statement saying that
his administration would construe that provision "in a manner consistent, to
the maximum extent permissible, with the need to conduct searches in exigent
circumstances."

"The signing statement raises serious questions whether he is authorizing
opening of mail contrary to the Constitution and to laws enacted by
Congress," said Ann Beeson, an attorney with the American Civil Liberties
Union. "What is the purpose of the signing statement if it isn't that?"

She said the group is planning to file a request for information on how this
exception will be used and also asking whether it has already been used to
open mail.

White House press secretary Tony Snow said there was nothing new in the
signing statement.

In his daily briefing, Snow said: "All this is saying is that there are
provisions at law for -- in exigent circumstances -- for such inspections.
It has been thus. This is not a change in law, this is not new."

Postal Service vice president Tom Day added: "As has been the longstanding
practice, first-class mail is protected from unreasonable search and seizure
when in postal custody. Nothing in the Postal Accountability and Enhancement
Act changes this protection. The president is not exerting any new
authority."

Senator Susan Collins, a Maine Republican who guided the measure through the
Senate, called on Bush to clarify his intent.

The bill, Collins said, "does nothing to alter the protections of privacy
and civil liberties provided by the Constitution and other federal laws."

But Senator Charles E. Schumer, a New York Democrat, criticized Bush's
action.

"Every American wants foolproof protection against terrorism. But history
has shown it can and should be done within the confines of the
Constitution," he said, calling it a "last-minute, irregular, and
unauthorized reinterpretation of a duly passed law." 



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