Paragraphs of Power

The executive branch shall construe Title X in Division A of the Act, relating to detainees, in a manner consistent with the constitutional authority of the President to supervise the unitary executive branch and as Commander in Chief and consistent with the constitutional limitations on the judicial power, which will assist in achieving the shared objective of the Congress and the President, evidenced in Title X, of protecting the American people from further terrorist attacks. Further, in light of the principles enunciated by the Supreme Court of the United States in 2001 in Alexander v. Sandoval, and noting that the text and structure of Title X do not create a private right of action to enforce Title X, the executive branch shall construe Title X not to create a private right of action. Finally, given the decision of the Congress reflected in subsections 1005(e) and 1005(h) that the amendments made to section 2241 of title 28, United States Code, shall apply to past, present, and future actions, including applications for writs of habeas corpus, described in that section, and noting that section 1005 does not confer any constitutional right upon an alien detained abroad as an enemy combatant, the executive branch shall construe section 1005 to preclude the Federal courts from exercising subject matter jurisdiction over any existing or future action, including applications for writs of habeas corpus, described in section 1005.

In Executivese, this means "I'm the preznit and I can do whadeverIwannadooooo!". This is the paragraph of the President's signing statement for HR 2863 which essentially removes John McCain's hard fought torture-ban amendment from having the power many of us believed it might. Somewhere along the lines, the President and his cabal decided that, in fact, they could "save face" by conceding to the amendment so long as they could still release this statement which releases them from abiding by it, determinate upon their own discretion.

Fun stuff, that presidential politics.