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Bush could bypass new torture ban

Waiver right is reserved








''Of course the president has the obligation to follow this law, [but] he also has the obligation to defend and protect the country as the commander in chief, and he will have to square those two responsibilities in each case," the official added. ''We are not expecting that those two responsibilities will come into conflict, but it's possible that they will."






Vice President Dick Cheney recently told reporters, ''I believe in a strong, robust executive authority, and I think that the world we live in demands it. . . . I would argue that the actions that we've taken are totally appropriate and consistent with the constitutional authority of the president."

Since the 2001 attacks, the administration has also asserted the power to bypass domestic and international laws in deciding how to detain prisoners captured in the Afghanistan war. It also has claimed the power to hold any US citizen Bush designates an ''enemy combatant" without charges or access to an attorney.

And in 2002, the administration drafted a secret legal memo holding that Bush could authorize interrogators to violate antitorture laws when necessary to protect national security. After the memo was leaked to the press, the administration eliminated the language from a subsequent version, but it never repudiated the idea that Bush could authorize officials to ignore a law.

The issue heated up again in January 2005. Attorney General Alberto Gonzales disclosed during his confirmation hearing that the administration believed that antitorture laws and treaties did not restrict interrogators at overseas prisons because the Constitution does not apply abroad.

In response, Senator John McCain, Republican of Arizona, filed an amendment to a Defense Department bill explicitly saying that that the cruel, inhuman, and degrading treatment of detainees in US custody is illegal regardless of where they are held.

McCain's office did not return calls seeking comment yesterday.

The White House tried hard to kill the McCain amendment. Cheney lobbied Congress to exempt the CIA from any interrogation limits, and Bush threatened to veto the bill, arguing that the executive branch has exclusive authority over war policy.

But after veto-proof majorities in both houses of Congress approved it, Bush called a press conference with McCain, praised the measure, and said he would accept it.

Legal specialists said the president's signing statement called into question his comments at the press conference.

''The whole point of the McCain Amendment was to close every loophole," said Marty Lederman, a Georgetown University law professor who served in the Justice Department from 1997 to 2002. ''The president has re-opened the loophole by asserting the constitutional authority to act in violation of the statute where it would assist in the war on terrorism."

Elisa Massimino, Washington director for Human Rights Watch, called Bush's signing statement an ''in-your-face affront" to both McCain and to Congress.

''The basic civics lesson that there are three co-equal branches of government that provide checks and balances on each other is being fundamentally rejected by this executive branch," she said.

''Congress is trying to flex its muscle to provide those checks [on detainee abuse], and it's being told through the signing statement that it's impotent. It's quite a radical view."

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