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Posted

President Trump has not signed H.R. 133, and made remarks that call into question whether he will sign.

 

The bill passed both bodies of Congress with votes more than the two-thirds that would be needed to override a President’s veto.  House: 327–85, 359-53; Senate 92-6.  Yet, Members might vote differently in a different political context.

 

If the President neither approves the bill nor returns it with his objections “within ten Days (Sundays excepted) after it shall have been presented to him, the [bill] 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.”

 

Peter Gulia PC

Fiduciary Guidance Counsel

Philadelphia, Pennsylvania

215-732-1552

Peter@FiduciaryGuidanceCounsel.com

Posted

Several possibilities turn on, or relate to, when the appropriations bill becomes presented.

 

If the appropriations bill does not become law before the most recent anti-deficiency resolution expires Monday December 28, a government shutdown could result (if Congress has not enacted another extension, which might be impractical without the President’s cooperation).

 

Both bodies of Congress are ready for votes next week if the President vetoes the defense authorization bill or the appropriations bill (or both).

 

Yet, if the President neither approves nor objects on the appropriations bill, he might use the Constitution’s ten days to pocket-veto the bill if the 116th Congress adjourns.

 

Further, the political theater around these and other actions might affect the scheduling of Congress’s anticipated January 6, 2021 joint session to count votes cast by the Electoral College and certify that result.

 

Peter Gulia PC

Fiduciary Guidance Counsel

Philadelphia, Pennsylvania

215-732-1552

Peter@FiduciaryGuidanceCounsel.com

Posted

The President vetoed the defense-authorization bill, which means Congress will continue at least for the override votes.

 

If the appropriations bill is presented on December 24, the tenth day is January 5.  If the President neither approves nor objects, this could call the 116th Congress to continue through at least January 6 if they want to prevent a pocket veto.

 

Peter Gulia PC

Fiduciary Guidance Counsel

Philadelphia, Pennsylvania

215-732-1552

Peter@FiduciaryGuidanceCounsel.com

Posted

House has already scheduled defense bill override vote for December 28, Senate on December 29.

Constitution mandates new congress begins at noon on January 3, "unless the preceding Congress designates a different day".

House calendar calls for "last votes" at 3 pm on January 1, with the 117th Congress to convene at noon on January 3:  https://www.majorityleader.gov/calendar/2021

Presumably they could change that ... but time would not seem to be on their side.

Posted

Another factor that might play into all of this political drama is the outcome of the Georgia Senate runoff elections. If Congress adjourns early or if Trump pocket vetoes the legislation, those Georgia residents who had hoped for relief from the legislation may well be numerous enough (assuming they vote) to result in both Democratic candidates taking the two Senate seats. Perhaps Trump does not care and considers it another one of his sore loser tactics. The Congressional Republicans would very likely care because it appears Trump holds enough power over the party in the Biden era that they fear to confront him (or attempt to influence him to sign the bill). Stay tuned, everyone. What will the next stirring chapter in this political intrigue bring us?

Posted

Yesterday, the President signed the appropriations bill.

 

Peter Gulia PC

Fiduciary Guidance Counsel

Philadelphia, Pennsylvania

215-732-1552

Peter@FiduciaryGuidanceCounsel.com

Posted

Since the President went to Georgia to campaign for the Republican candidates, I feel that his desire to not adversely affect the outcome of the runoff elections may well have motivated him to sign the bill into law.  For once, it appears that he followed the advice of his advisers rather than follow a gut instinct.

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