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Last December, President Bush signed into law a measure called the Detainee Treatment Act, which was intended to prohibit the use of torture in interrogating terrorist suspects. At the time he signed the act, Mr. Bush attached a "signing statement," effectively nullifying the act by claiming that he could suspend its application in the interests of national security.
But even before the bill reached his desk, Mr. Bush's congressional allies had used a similarly dishonest gambit in an attempt to preserve the extra-constitutional powers claimed by the president.
As Nixon-era White House Counsel John Dean recounted in an op-ed column, when the conference report on the Detainee Treatment Act was sent back to the Senate last December 21, it contained a "lengthy colloquy" involving Senators Lindsey Graham (R-S.C.), Jon Kyl (R-Ariz.), and Sam Brownback (R-Kan.). This ...