When Bush signed the torture ban into law in December he used his “executive privilege” to make sure that a he could pick and choose where it applies. It seems like he wasted no time either:

Bush administration lawyers, fighting a claim of torture by a Guantanamo Bay detainee, yesterday argued that the new law that bans cruel, inhuman or degrading treatment of detainees in U.S. custody does not apply to people held at the military prison.

In federal court yesterday and in legal filings, Justice Department lawyers contended that a detainee at Guantanamo Bay, Cuba, cannot use legislation drafted by Sen. John McCain (R-Ariz.) to challenge treatment that the detainee’s lawyers described as “systematic torture.”

Washington Post article continues here.

It was just a matter of time when he would invoke that privilege. With reports coming out everyday of how Republicans are loosing their trust in Bush, this should cause even one of their staunches supporters, John McCain, to distance himself from the administration more.

Wake up Republicans – you got a rogue President in the White House and he needs put back under control.