Will/can Pelosi call House into session to prevent pocket veto of defense bill?

[papau]

Bush gives pocket veto to defense bill

By BEN FELLER, Associated Press Writer 25 minutes ago

CRAWFORD, Texas - President Bush on Friday headed toward a constitutional confrontation with Congress over his effort to reject a sweeping defense bill.

Bush announced he would scuttle the bill with a "pocket veto" — essentially, letting the bill die without his signature 10 days after he received it, or the end of Dec. 31.

But that can happen only when Congress is not in session; otherwise, the bill becomes law without a formal veto in 10 days. And the Senate maintains it is in session because it has held brief — sometimes only seconds long — meetings every two or three days with only one senator present..."My withholding of approval from the bill precludes its becoming law," Bush said in a statement of disapproval sent to Congress.

http://news.yahoo.com/s/ap/20071228/ap_on_go_pr_wh/bush

"Every bill which shall have passed the House of Representatives and the Senate, shall, before it become a law, be presented to the President of the United States; if he approve he shall sign it, but if not he shall return it, with his objections to that House in which it shall have originated, who shall enter the objections at large on their journal, and proceed to reconsider it... unless the Congress by their adjournment prevent its return, in which case it shall not be a law."

The bill will be returned to the House, where it originated, which has adjourned. As he therefore can't return it, it does become a pocket veto. The Senate being in session does not help as the Senate is not where it originated.

So can Pelosi do anything to stop this?

[Captain Hilts]

1. The Senate has been having daily 9 second sessions. nt

[papau]

2. True - but bill is returne to House - which is adjourned

[Jim Sagle]

3. Congress is in session so long as either house is in session.

[kansasblue]

4. Jim, that's good to hear.

do you have a link or some documentation on that? That would be cool to see. Thanks!

[Jim Sagle]

6. Here's the actual court decision.

WRIGHT v. UNITED STATES, 302 U.S. 583 (1938)

Bush claims Senate's pro forma sessions don't count is a kos thread with many opinions on what it all means.

Bush's Pocket Veto is About Undermining Congress's Legitimacy is another kos thread with much sound speculation on what w's motives are.

Based on what I've read there, it's a prevalent belief, but NOT a consensus, that Congress is still in session. Much valuable info is there on what it all means, what might happen, and whether w has the power to make the Congress literally lick his ass.

OK, I made that last part up. It's just hyperbole.

Or not.

[Yukari Yakumo]

7. Loose Translation

Bush acts without legitimacy nor within the rule of law...

again.

[papau]

5. anyone have a link to the 1938 case that held if one house is in session then Congress is in session