Bush Laughs at Congress
You may recall that the Senate, rather than going into recess over the holidays, has been holding pro forma sessions in order to prevent Bush from engaging in any of his usual recess appointments and other shenanigans. This is not just Democratic maneuvering; Bush has been on track to tie President Reagan's record-setting two hundred forty-three recess appointments over two terms.
Except for one minor snag.
President Bush has decided that pro forma sessions by the Senate doesn't mean that Congress is “in session.” He has stated his intent to pocket-veto the new defense policy bill. Without having raised any previous objections.
As the Daily Kos points out, there's no case law and no statutory law to give guidance in this case. Only two cases have been heard by the Supreme Court on the matter. The Supreme Court has established that if one House is in session, then Congress is not considered ”adjourned,” and that if Congress is adjourned for less than three days, a pocket veto was not allowed, while adjournments of five months or more were long enough to allow for a pocket veto. Between three days and five months? The Court is silent. What about pro forma sessions? Also silent.
So what this boils down to is that the lawyers in the White House know their case law, and the President has decided to have a little fun with the Democrats in the Senate. If the White House is sued over this, it will establish a clearer definition of “adjournment,” but not for years; long after Bush has left the White House.
The Democrats could decide that this constitutes a high crime or a misdemeanor, deserving of impeachment.
No, wait. They took impeachment off the table.
So the Senate cannot do anything about this in the next few years.
However, if they don't, then they'll have legitimized the White House's stance, opening the way for recess appointments. The Senate is in a pretty pickle, and I can hear Bush laughing at them from way over here.
Bush is such an asshole.
Labels: Bush, Congress, Constitution, politics
