Well, he's gonna anyway:

WASHINGTON - President 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 existing law and contradicted the bill he
had just signed, say experts who have reviewed it.

http://www.kansascity.com/mld/kansascity/news/politics/16380470.htm

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