How does Dubya get away with it?

He lies and he covers.
He has a psychopathic personality.
But here is how he did his most recent lie and cover.
Congress and The Supremes aren't going to save us.

Read it and Weep:

Negroponte Can Waive SEC Rules for "National Security"
by SusanG
Wed May 24, 2006
Tell America once again, Mr. President, how your secretive, spying national security policy is for the benefit of citizens and not of your corporate cronies - or to cover up your administration's illegal and unconstitutional acts.

From Business Week Online this morning:
Intelligence Czar Can Waive SEC Rules

Now, the White House's top spymaster can cite national security to exempt businesses from reporting requirements

President George W. Bush has bestowed on his intelligence czar, John Negroponte, broad authority, in the name of national security, to excuse publicly traded companies from their usual accounting and securities-disclosure obligations. Notice of the development came in a brief entry in the Federal Register, dated May 5, 2006, that was opaque to the untrained eye.

Unbeknownst to almost all of Washington and the financial world, Bush and every other President since Jimmy Carter have had the authority to exempt companies working on certain top-secret defense projects from portions of the 1934 Securities Exchange Act. Administration officials told BusinessWeek that they believe this is the first time a President has ever delegated the authority to someone outside the Oval Office. It couldn't be immediately determined whether any company has received a waiver under this provision.

The article points out the "intriguing" timing of Bush's signing of the memo authorizing such an unprecedented move - the day of Porter Goss' resignation as head of the CIA. Administration officials unsurprisingly denied any connection between this unique delegation of authority to Negroponte and Goss' departure, and refused to clarify whether any company had been exempted yet from reporting.

Security-law experts speculate in the Business Week article that such waiving of reporting requirements for companies could be used to mask the funding of secret CIA or Pentagon assignments.

The article closes with the following:
"The memo Bush signed on May 5, which was published seven days later in the Federal Register, had the unrevealing title "Assignment of Function Relating to Granting of Authority for Issuance of Certain Directives: Memorandum for the Director of National Intelligence." In the document, Bush addressed Negroponte, saying: "I hereby assign to you the function of the President under section 13(b)(3)(A) of the Securities Exchange Act of 1934, as amended."

A trip to the statute books showed that the amended version of the 1934 act states that "with respect to matters concerning the national security of the United States," the President or the head of an Executive Branch agency may exempt companies from certain critical legal obligations. These obligations include keeping accurate "books, records, and accounts" and maintaining "a system of internal accounting controls sufficient" to ensure the propriety of financial transactions and the preparation of financial statements in compliance with "generally accepted accounting principles."

Ordinarily, a company that conceals their transactions and activities from the public would violate securities law. But an presidential memorandum signed by the President on May 5 allows the Director of National Intelligence, John Negroponte, to authorize a company to conceal activities related to national security. (See 15 U.S.C. 78m(b)(3)(A))

There is no evidence that this executive order has been used by John Negroponte with respect to the telephone companies.

Of course, if it was used, we wouldn’t know about it.
Federal Register: May 12, 2006 (Volume 71, Number 92)]
[Presidential Documents]
[Page 27941-27943]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr12my06-146]

[[Page 27941]]
-----------------------
Part III
The President
-----------------------------------------------------------------------
Memorandum of May 5, 2006--Assignment of Function Relating to Granting
of Authority for Issuance of Certain Directives

Presidential Documents
____________________________
Title 3--
The President

[[Page 27943]]

Memorandum of May 5, 2006


Assignment of Function Relating to Granting of
Authority for Issuance of Certain Directives

Memorandum for the Director of National Intelligence

By virtue of the authority vested in me by the
Constitution and laws of the United States, including
section 301 of title 3, United States Code, I hereby
assign to you the function of the President under
section 13(b)(3)(A) of the Securities Exchange Act of
1934, as amended (15 U.S.C. 78m(b)(3)(A)). In
performing such function, you should consult the heads
of departments and agencies, as appropriate.

You are authorized and directed to publish this
memorandum in the Federal Register.

(Presidential Sig.)B

THE WHITE HOUSE,

Washington, May 5, 2006.

[FR Doc. 06-4538
Filed 5-11-06; 9:04 am]

Billing code 3910-A7-M