Bush Signing Statement Raises Mail Privacy Questions

The U.S. Postal Service is disputing President Bush’s contention that postal reform legislation enacted last month gives him the right to open people’s mail without a warrant.

“As has been the longstanding practice, first class mail is protected from unreasonable search and seizure when in postal custody,” said Thomas Day, USPS senior vice president, government relations. “Nothing in the Postal Accountability and Enhancement Act changes this protection. The President is not exerting any new authority.”

When he signed the Postal Accountability and Enhancement Act in December, President Bush added a signing statement that read:

“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.”

“Ever since 9/11, there’s been pressure on the postal service and other government agencies surrounding the war on terror, but I’m no legal expert,” said Tony Conway, executive director of the Alliance of Nonprofit Mailers

Conway did not think Bush’s move would have any adverse impact on mailers.

The law requires government agents to get warrants to open first-class letters.

According to wire service reports, it was the language in Bush’s statement saying his administration would construe that provision “in a manner consistent, to the maximum extent permissible, with the need to conduct searches in exigent circumstances” that raised some hackles.

“The signing statement raises serious questions whether he is authorizing opening of mail contrary to the Constitution and to laws enacted by Congress,” said Ann Beeson, an attorney with the American Civil Liberties Union. “What is the purpose of the signing statement if it isn’t that?”

She said the group is planning to file request for information on how this exception will be used and also asking whether it has already been used to open mail.