Mail Opened Without a Warrant-Bush’s Signing Statement

President Bush attached a signing statement to postal legislation earlier this month that has raised concerns.^[1] Bush has issued at least 750 signing statements during his presidency, more than all other presidents combined, according to the American Bar Association.^[2] Signing statements are often used to instruct executive agencies how to carry out new laws, however, Bush’s statements often reserve the right to revise, interpret or disregard laws on national security and constitutional grounds.^[3]


This statement says that mail can be opened if there is “…need to conduct searches in exigent circumstances…and the need for physical searches specifically authorized by law for foreign intelligence collection.”^[4] Current search and seizure law under the Fourth Amendment requires government agents to get warrants before opening first class mail with the exception that they may open items that they believe may contain a bomb.^[5] The American Civil Liberties Union (ACLU) is concerned that Bush’s signing statement “uses language that’s broader than the exception.”^[6] White House officials say there is no change in policy, but critics are concerned about “last-minute, irregular and unauthorized reinterpretation of a passed law” and if there is no change in policy, they question why it was put in writing.[7]

The ACLU is planning on filing a request for information on the exception and to ask whether it has already been used to open mail.^[8] We previously wrote about the Foreign Intelligence Surveillance Act (FISA) another Bush administration encroachment on the Fourth Amendment.

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[1] Randolph E. Schmid, Bush Signing Statement May Allow Opening without a Warrant, Associated Press, January 4, 2007.
[2] Id.
[3] Id.
[4] Id.
[5] Id.
[6] Id.
[7] Id.
[8] Id.