Can Bush Open Mail Without Warrant?
Update: Mainstream Media picks up story on Bush opening mail without warrant (spying)
W pushes envelope on U.S. spying
New postal law lets Bush peek through your mail - President Bush has quietly claimed sweeping new powers to open Americans’ mail without a judge’s warrant, the (NY) Daily News has learned
Funnies: Complaint for Bush? Write Your Sister (ABC News)
Bush’s statement opens up mail privacy debate (St. Petersburg Times)
Editorial: Dear John (and Bush, too (Milford Daily News, MA)
From PostalReporter.com reader:
(12/26/06) Did anyone read this? It appears that President Bush intends to ignore some provisions of Public Law 109-435 (Postal Reform Act), such as what mail can be opened or who he can appoint to the Board of Governors. -end of reader submission by DC-
In testimony to Congress earlier this year, U.S. Attorney General Alberto Gonzales said:
“We are always, of course, subject to the Fourth Amendment. So the activities of any kind of surveillance within the United States would, of course, be subject to the Fourth Amendment,” which requires “probable cause” and a court warrant before the property of Americans can be searched.”
Last year, the Bush Administration tried unsuccessfully (via including a provision in the Patriot Act) to eliminate the Postal Service’s ability to exercise any oversight in the formulation or execution of a mail cover
President’s Statement on Signing H.R. 6407, the “Postal Accountability and Enhancement Act” excerpts:
The executive branch shall construe subsections 202(a) and 502(a) of title 39, as enacted by subsections 501(a) and 601(a) of the Act, which purport to limit the qualifications of the pool of persons from whom the President may select appointees in a manner that rules out a large portion of those persons best qualified by experience and knowledge to fill the positions, in a manner consistent with the Appointments Clause of the Constitution. The executive branch shall also construe as advisory the purported deadline in subsection 605(c) for the making of an appointment, as is consistent with the Appointments Clause.
The executive branch shall construe subsection 404(c) of title 39, as enacted by subsection 1010(e) of the Act, which provides for opening of an item of a class of mail otherwise sealed against inspection, in a manner consistent, to the maximum extent permissible, with the need to conduct searches in exigent circumstances, such as to protect human life and safety against hazardous materials, and the need for physical searches specifically authorized by law for foreign intelligence collection.
According to ConsortiumNews.com:
Correcting misleading testimony to Congress, Attorney General Alberto Gonzales has signaled that George W. Bush’s warrantless surveillance of Americans went beyond the known eavesdropping on communications to suspected terrorists overseas.
…in challenging Bush’s right to ignore the 1978 Foreign Intelligence Surveillance Act, which requires a special court to approve wiretaps – Leahy demanded to know if the administration’s legal interpretation also let Bush conduct other warrantless spying on Americans, including tapping purely domestic phone calls, mail openings and “black bag” break-ins into people’s homes and offices.
Gonzales: We are always, of course, subject to the Fourth Amendment. So the activities of any kind of surveillance within the United States would, of course, be subject to the Fourth Amendment,” which requires “probable cause” and a court warrant before the property of Americans can be searched.
Leahy persisted. “Under your interpretation of this, can you go in and do mail searches? Can you go into e-mails? Can you open mail? Can you do black-bag jobs? … Can you go and do that (to) Americans?”
Gonzales responded, “Sir, I’ve tried to outline for you and the committee what the President has authorized, and that is all that he has authorized.”
“Did it authorize the opening of first-class mail of U.S. citizens?” Leahy continued. “That you can answer, yes or no.”
Gonzales: “There is all kinds of wild speculation about…”
Leahy: “Did it authorize it?”



December 30th, 2006 at 7:36 pm
F… no he can’t open First Class Mail without a warrant! This arrogant ……. seems to think that he can do any damn thing he wants to just because he is President, the law and the Constitution be damned. The new Congress absolutely must stand up to him and tell him to go …. himself. Let him go back to Crawford, Texas, or ideally to the ranch in Paraguay that his family has procured as a haven against prosecution for the crimes of W and his associates. He’ll be in good company down there with all the other international criminals and slimeballs.
December 31st, 2006 at 11:29 am
some one needs to assaignate bush and cheney–then the opening of mail and phone will stop….for awhile
December 31st, 2006 at 8:06 pm
I couldn’t agree with anyone more. jmp has summarized it well.
It is W’s arrogance that makes him so dangerous. His cure places him in the same catagory as the terrorists he claims he is protecting us from. How much longer does he have? Less than two years is too long, but pschyomechanic is way out of line. He was elected, good or bad, assaignation is never the answer. pschyomechanic is pschyco.
January 1st, 2007 at 7:30 am
The Senate conducted an internal investigation of Leahy’s penchant for leaking classified information, and he was allowed to save face by resigning from the intelligence committee.
Leaky Leahy’s not a dangerous man? Leaky Leahy’s protecting America? Leaky Leahy helped write the Patriot Act. How about Bill Clinton’ executive order 12949 authorizing warrantless physical searches?
January 1st, 2007 at 11:16 am
well psychomechanic you just committed a felony and you have put this forum at risk. If you are a federal or postal employee you have lost your job.
January 1st, 2007 at 12:19 pm
psychomechanic is merely expressing an opinion. He is not issuing a threat. He has his First Amendment right to express his opinion, regardless of how radical it may be. He has not personally made a threat against anyone, and so his speech is protected under the Fist Amendment.
January 1st, 2007 at 1:13 pm
Psychomechanic you are out of control. I certainly hope that you have your resume up to date, to include a prison term. JMP you are clearly wrong, freedom of speech does not include wishing death on anyone. Many true Christian Americans realize that bush has sold the country a bill of goods based on lies and deciet. But to wish death on anyone is not the will of God. You will pay for your mistakes. However redemtion can be yours.
God Bless You All
January 2nd, 2007 at 12:24 am
No I’m not wrong. Psychomechanic has made no statement threatening anyone. He has expressed his desire that certain people be killed, but he has not made any threat to do so himself. Some of you probably think that this is a “girly” distinction, but it is critical if we are to be a nation of laws and not of men.
January 2nd, 2007 at 12:33 am
And yes, freedom of speech does include wishing death on someone. Actually threatening someone with death is intimidation, and that is a crime in most states. But merely wishing death on someone is protected speech, even though most of us might consider such a statement to be thoroughly offensive. But that is the nature of the right to freedom of speech. We must sometimes tolerate very offensive speech, because the same right of free speech that protects this speech also protects yours.
January 6th, 2007 at 1:53 pm
There’s nothing in this new law that the Congress hasn’t signed off on. The President doesn’t make laws, only signs them into law.
January 8th, 2007 at 8:25 am
JMP, Psychomechanic, and Info-Mac:
You are all misinformed creatures…there is nothing new regarding this law concerning privacy of citizens…including the signing statement. Bush is nowhere near as arrogant as Clinton was. He has done more to protect Americans than ANY other president since Washington…and it’s only the gutless people who take freedom for granted that don’t understand that…along with people who trust CNN as the NY Times for accurate information. Whether you like it or not…there are people living among us who want to kill the American (and any non-Islamic) way of life. You jerks won’t have civil liberties when you’re part of an Islamic Caliphate…or dead!
January 18th, 2007 at 10:10 pm
Jim - those scitzo’s don’t and never will understand the true meaning of being an american, so don’t waste your time on the cumquads.
January 26th, 2007 at 5:16 am
Psycomechanic, you sure know how to draw attention to your self. Yes this president has used his power at all cost, not even caring about constitutional rights. But then anyone that would would fabricate the truth to start a war is capable of just about anything. Paraguay huh?
May 6th, 2007 at 8:42 pm
Tell me something!
How many of you have Upper Respiratory Infections from the dust in the PO? Allergies, Asthma, Bronchitis, Laryngitis, Pharyngitis, COPD, Sinus, Sinusitis and you just can’t see to get rid of a cold?
Check out: NWIAL.com, “Airborne Paper Fiber-Nuisance Dust or Killer?”
June 29th, 2007 at 5:56 pm
Received my mail this evening. The QVC package was opened and resealed with scotch tape. The powdered Bare Essentials makeup was missing, only the brochure remained. Called the company, it is a common occurance with the USPS.
Question: Is powdered makeup for women now illegal contraband for the USPS?