The Bishop and the Butterfly: Murder, Politics, and the End of the Jazz Age

    Congress Cannot Stop Trump Closing the Government

    By NCD on Sun, 12/27/2020 - 6:05pm |

    According to the US Constitution rules on "pocket vetoes" and also the Constitution on when a new Congress convenes, Trump may, on his own, close the government until Jan 16th and there is nothing Congress can do about it until then. Unless they give in to his demands on the military budget details, including  base renames, various other parts of the overall federal budget, levels and nation's getting foreign aid, the 'section 230' on internet liability and whatever else he manages to demand.

    Reason One:

    Normally if a president does not sign a bill, it becomes law after ten days as if he had signed it. A pocket veto occurs when a bill fails to become law because the president does not sign it within the ten-day period and cannot return the bill to Congress because Congress is no longer in session. Article 1, Section 7 of the U.S. Constitution states:

    If any Bill shall not be returned by the President within ten days (Sundays excepted) after it shall have been presented to him, the same shall be a Law, in like manner as if he had signed it, unless the Congress by their Adjournment prevent its return, in which case it shall not be a Law.

    Reason Two:

    The Constitution mandates that Congress convene at noon on January 3, unless the preceding Congress by law designated a different day.

    Congress passed the COVID relief Bill, and the 'keep government open' government funding Bill on December 22, with no action by Trump the laws will die (inside the ten day period) when the new Congress is convened on Jan. 3, as the ten day period will expire by January 3rd, and the Bills will expire also.

    They would need to be passed again  by the new Congress ASAP, whereupon with another pocket veto by Trump, the Bills will only become law around the 16th of January.

    If Trump wants to play havoc in his state of a damn the country egotistical temper tantrum, over nobody helping him steal a 'win' in the election, he can unilaterally close the government until January 16. Does Trump know this? If so, somebody else must have thought this scheme up and told him, as Trump knows jacks**t about the Constitution.

     

    Comments

    ....:Mr. Trump did not outright say he would veto the legislation if the changes he demanded were not made, but he may not have to. The legislation passed with the support of more than two-thirds of both the House and the Senate, easily surpassing the threshold required to override a veto if he actually did that. Legislation can become law 10 days after the bill is enrolled even without a presidential signature.

    But because the time frame overlaps with the end of the current Congress on Jan. 3, and the convening of the 117th Congress, a “pocket veto” remains a possibility, said Josh Huder, a senior fellow at the Government Affairs Institute at Georgetown University.

    All legislation dies with a Congress, so without Mr. Trump’s signature, the behemoth legislation would have to be reintroduced and voted on a second time, further delaying funding of the government and providing relief to struggling Americans and businesses......

    NYT


    by NCD on Sun, 12/27/2020 - 6:32pm

    not arguing with your point, just pointing out that this is the headline and sub-headline at Politico.com right now:

    Congress returns to Washington to salvage stimulus deal

    The president hasn't backed off his demand for bigger stimulus checks, jeopardizing Covid economic relief and government spending.

    BY  AND 

    Members of Congress to Trump: Sign stimulus bill

    BY 

    to paraphrase ye olde Buffalo Springfield song: something's happening here, what it is ain't exactly clear....


    by artappraiser on Sun, 12/27/2020 - 6:53pm

    That Trump has the Bills 'in pocket' suggests he maybe on to it that he has Congress over a barrel. 

    If he does, it just depends on how much he will demand before signing, even Trump probably doesn't know how far he'll go knowing even traitor (Biden won) Mitch can't stop him screwing millions of people and closing the government to boot.

    The Congress won't do it, but a sudden total repeal of the Section 230 as Trump thinks would be good for Trump, making Facebook, YouTube etc liable for everything posted on their sites, would be (well deserved) havoc inducing for social media, and a bonanza for lawyers.


    by NCD on Sun, 12/27/2020 - 7:37pm

    well so far I see them trying different angles, i.e. the one bipartisan group is basically saying to him to either shit or get off the pot while the Problem Solvers Caucus co-chair (who is a Republican) just said he's going to vote for the House Dems $2,000 check bill. I think what's up next is there will be a lot of huddles and we'll just have to wait and see which idea, if any, breaks Trump's gaming.

    You know one side thing of interest I ran across a story maybe couple weeks ago from one of the outlets I trust on these things, was about how Trump wanted to advocate for $2,000 much earlier but his staff said no you can't do that it will wreck both the deal Mnuchin is working on and also upend the Georgia race  He followed what they said but then just forgot about the bill to pay attention to his nonsense election challenges.  Like thinking he could change it later, that's the way he thinks, doesn't know how Congressional bills work. His statement about it later sort of confirmed that. He just doesn't get how it all functions, could care less because he thinks he has dictatorial powers, doesn't have to follow the process (not to mention doesn't have to know the Constitution, as he's convinced that president is the only one who doesn't have to follow it)whatever it might be.

    Also to keep in mind: what he really probably wants is the $2,000 to happen BUT ONLY IF IT LOOKS LIKE HE DESERVES FULL CREDIT. The point is to be able to .crow for years about how the good King Trump saved the people from starvation. If it looks like others will get credit, he'll no doubt switch to not giving a damn.


    by artappraiser on Sun, 12/27/2020 - 8:14pm

    He just signed both tonight, is he moving on to conceding the fight is lost?


    by NCD on Sun, 12/27/2020 - 8:15pm

    I did note that The Hill noted this in their story about Reed (of Problem Solvers Caucus) before he did that:

    [....] Reed’s signal of support for bigger check amounts came minutes after Trump tweeted that there was “Good news on Covid Relief Bill,” adding “Information to follow!” The president did not provide additional details on these comments. 

    Good news on Covid Relief Bill. Information to follow!

    — Donald J. Trump (@realDonaldTrump) December 27, 2020

     

    [....]

    sounds like somebody got to him, gave him a way out? Where he can brag about being the only real one to try to help the suffering American people? cheeky  Tweet was, as you can see, two hours ago. We will no doubt hear about it from leakers...


    by artappraiser on Sun, 12/27/2020 - 8:24pm

    Yeah, Trump works on impulse. He likely had no idea of the delayed pocket veto ploy, and nobody around him dared tell him the complex details of it for fear a little knowledge with Trump would be dangerous.


    by NCD on Sun, 12/27/2020 - 8:25pm

    He wants to return to Washington. This is the only ticket after the hangover party he just threw.


    by moat on Sun, 12/27/2020 - 8:59pm

    Return to his center of power leading legions of his ever faithful where he will crown himself emperor!


    by NCD on Sun, 12/27/2020 - 10:14pm

    this could have something to do with it-especially as I found out about it via retweet by Maggie Haberman-the front page of today's NYPost with their "Mr. President..STOP THE INSANITY" editorial on it:


    by artappraiser on Mon, 12/28/2020 - 12:04am

    Maggie also tweeted or retweeted these other these other points this evening:


    by artappraiser on Mon, 12/28/2020 - 12:14am

    Rasmussen has a bone to pick with you, NCD, as you are always quoting the Third Reich as regards Trump and his admin, but they think Stalin more appropriate:

    Rasmussen quotes Stalin in tweet suggesting Pence should try to overturn election results https://t.co/kD1SXWi59F pic.twitter.com/gy34sMecTr

    — The Hill (@thehill) December 28, 2020

    edit to add, thread on same:


    by artappraiser on Mon, 12/28/2020 - 2:17pm

    Mike DeBonis & Phil Rucker are reporting that he changed his mind while playing golf on Christmas day. Notably Lindsey Graham flew out to play with him....

    from the above

    “The best opportunity to get him on anything is to get out on the golf course with him and just talk,” the official said. “And Lindsey was out there.”

    and Graham's own same day tweets:

     


    by artappraiser on Mon, 12/28/2020 - 11:00pm

    one of those phone calls during golf:


    by artappraiser on Tue, 12/29/2020 - 2:47am

    The 7th Stage of Trumpmas


    Text version: The Seven Aspects of Trumpism (maxnewstoday.com)

    by PeraclesPlease on Sun, 01/03/2021 - 10:04am

    I am actually surprised to see Steve Schmidt add this nuance As is always the case, their ranks are filled with people on the fringes of society; the lonely, dispossessed, aggrieved (2). I think of him usually playing political polemic to the max for effect, where one side is good, the other evil.


    by artappraiser on Sun, 01/03/2021 - 1:54pm