Posted by Eric Posner:
More on Obama’s signing statement.
http://volokh.com/archives/archive_2009_03_08-2009_03_14.shtml#1236911524
Peter Strauss, the Columbia law professor, responds to my last post:
One element of this signing statement was the following:
Executive Authority to Control Communications with the Congress.
Sections 714(1) and 714(2) in Division D prohibit the use of
appropriations to pay the salary of any Federal officer or employee
who interferes with or prohibits certain communications between
Federal employees and Members of Congress. I do not interpret this
provision to detract from my authority to direct the heads of
executive departments to supervise, control, and correct employees'
communications with the Congress in cases where such communications
would be unlawful or would reveal information that is properly
privileged or otherwise confidential.
Note the final, and very welcome reservation: �in cases where such
communications would be unlawful or would reveal information that is
properly privileged or otherwise confidential.� This is so much less
of a reservation than President Bush (and his predecessors) asserted
as to give hope that he is serious about transparency, and about
taking the muzzle off government personnel. They would simply have
ended the sentence at 'Congress.' Of course, the ABA position was
overbroad; but I find hope for a good deal more discrimination in the
use/content of signing statements here than you do.
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