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Think Progress

January 17, 2008
by Faiz Shakir, Amanda Terkel, Satyam Khanna, Matt Corley, and Ali Frick
MILITARY

Bush Plays Politics With Soldiers Pay

Yesterday, the House passed a revised version of the defense policy bill, authorizing $696 billion in defense spending, including $189 billion for the wars in Iraq and Afghanistan. Congress had already passed this bill in December, but was forced to take up the measure again after President Bush issued a "pocket veto" of the bill on Dec. 28. Though the President had not expressed concerns with the bill earlier -- and in fact campaigned vigorously for its passage -- Bush suddenly changed his mind over the recess after the Iraqi government worried about a provision allowing victims of state-sponsored terrorism to sue the state, which could leave the government liable for abuses from Saddam Hussein's reign. The Iraqi government threatened to withdraw $25 billion from American banks if the President signed the measure. The bill Bush vetoed in December included a 3.5 percent pay-raise for soldiers, and the veto also held up "some bonus programs for airmen."

NOT A POCKET VETO: According to the Constitution, the president must either sign or veto every bill that comes to his desk. Though Bush is quite familiar with the traditional veto, he needs to brush up on the law governing the use of the pocket veto. If the president does not act on a bill for 10 days after it arrives on his desk, and if during that time Congress adjourns, the bill dies -- a situation known as a "pocket veto." In this case, the Senate had never adjourned over the holidays, continuing to hold "pro-forma" sessions throughout December. If these sessions were enough to block recess appointments from the President, they were surely enough to show that the Senate had not adjourned and to allow Bush to send the bill back to Congress for reconsideration. Though the House had adjourned over the winter break, "it ha[d] designated its clerk to receive communications from the White House, including veto messages, meaning that bill return was possible." If a bill can be returned to Congress, it cannot die with a pocket veto. "In misusing his veto power," Robert Spitzer, a political science professor at SUNY Cortland, explained, "Bush was attempting to grab a power for himself and his office that the Constitution's framers emphatically and repeatedly denied to the president: a nearly unlimited, absolute veto."

WHITE HOUSE'S FEARMONGERING: Bush's veto was not only legally questionable, it was deeply hypocritical as well. Throughout November, the White House continually bullied Congress to quickly pass the defense authorization. It threatened to veto the bill -- and hold Congress responsible for canceling soldiers' pay raises -- if lawmakers attached any troop withdrawal deadlines. White House spokeswoman Dana Perino said that if Congress didn't pass the bill Bush demanded, "the Army and Marine Corps are immediately forced to begin shifting funds between accounts in order to keep operations running. And the Pentagon will soon be forced to send furlough notices for as many as 100,000 Army and Marine Corps civilian employees at bases around the country." "At the Pentagon, the spokesman, Geoff Morrell, said that officials had shifted $4.5 billion from other accounts to keep war operations going, but that the coffers would soon run dry. 'The Army now is on course to run out of operations and maintenance money in early February,' Mr. Morrell said. 'The Marine Corps will run dry in early March.'" The Pentagon released a chart suggesting that the Army would cease to function if Congress did not act promptly. "They are scaring people," Rep. John Murtha (R-PA) said of the White House's bullying tactics. "They are scaring the families of the troops. That's what's so despicable."

BUSH PUTS IMMUNITY ABOVE SOLDIERS' PAY: Congress passed an appropriations bill that kept the armed services well-funded and gave soldiers a 3.5 percent pay raise -- greater than the increase Bush had wanted. Yet once Congress left for the holidays, Bush made an about-face and declared his objection to the bill. "The Administration should have raised its objections earlier, when this issue could have been addressed without a veto," Senate Majority Leader Harry Reid (D-NV) said. By vetoing the bill, Bush effectively prioritized the Iraqi government's desire for immunity over the well-being of the troops. Yesterday's compromise agreement "grants the president wide authority to waive any provision of the section on lawsuits by terrorism victims as it relates to cases involving Iraq. But it also urges the administration to negotiate with Iraq 'to ensure compensation for any meritorious claims based on terrorist acts committed by the Saddam Hussein regime.'" The bill passed the House 369-46 and is expected to clear the Senate next week. Yesterday, former Bush political adviser Karl Rove accused Sen. Barack Obama (D-IL) of playing "chicken with our troops" by "voting against vital funding for our men and women in uniform in a time of war." In fact, it is Bush -- through a legally dubious maneuver that delayed funding and pay raises -- who toyed with the soldiers.

UNDER THE RADAR

ADMINISTRATION -- WHITE HOUSE ROUTINELY REUSED E-MAIL TAPES: The White House yesterday admitted that it routinely recycled its computer backup tapes of e-mail before 2003, "raising the possibility that many electronic messages, including those pertaining to the CIA leak case, have been taped over and are gone forever." The White House began deleting millions of e-mails from its servers in March 2003 and started recycling tapes in Oct. 2003, meaning all incoming and outgoing e-mail during that interval may now be permanently lost. "The significance of this time-period cannot be overstated: the U.S. went to war with Iraq, top White House officials leaked the covert identity of Valerie Plame Wilson and the Justice Department opened a criminal investigation into their actions," noted Citizens for Responsibility and Ethics in Washington, the watchdog group whose lawsuit prompted this latest disclosure. If the deleted e-mails prove unrecoverable, the White House may be in violation of two federal statutes which "require presidential communications, including e-mails involving senior White House aides, to be preserved for the nation's historical record."

ECONOMY -- BACHMANN: I'M 'PROUD' THAT 'WE HAVE PEOPLE WORKING TWO JOBS' AND 'LONGER HOURS': Topping Congress's agenda as it returns this week is a plan to "jump-start the economy and try to shorten the slowdown that many economists say has already begun to take hold." Yesterday, Rep. Eric Cantor (VA), the chief deputy Republican whip in the House, unveiled his proposal to stimulate the economy. His legislation -- the so-called Middle Class Job Protection Act -- does nothing for the middle class. Instead, it reduces the corporate tax rate by 28 percent. At a press conference unveiling the stimulus proposal, Rep. Michele Bachmann (R-MN) declared, "I am so proud to be from the state of Minnesota. We're the workingest state in the country, and the reason why we are, we have more people that are working longer hours, we have people that are working two jobs." Bachmann's version of the American Dream is apparently working two full-time jobs and struggling to get by. This week, the nonpartisan Congressional Budget Office concluded that corporate tax cuts, such as the one proposed by Cantor, "may be less cost-effective in the short term" and less effective than a stimulus plan consisting of "tax rebates, extended unemployment benefits and a temporary increase in food stamps."

ETHICS -- LOTT CONTRADICTS STORY ABOUT LEAVING SENATE TO LOBBY WITH BREAUX: When former Mississippi senator Trent Lott announced last November that he was retiring from the Senate, he was asked if he had registered with the Senate Ethics Committee because of "a rule" requiring registration "if you're negotiating with a future employer." Lott said that he had "not" because he had nothing "agreed to or lined up." Earlier this month, Lott announced that he and former Democratic Louisiana senator John Breaux were forming "a powerful lobbying partnership called The Breaux Lott Leadership Group." But appearing with Breaux on MSNBC's Hardball yesterday, Lott contradicted his previous statements by admitting that he chose to "leave the Senate" in order to form the "bipartisan firm" with Breaux, saying that "it just seemed like it was time for us to see if we could do this." Since the day Lott announced his resignation, he and Breaux have been denying that they had any "formal" plans to work together, claiming that they had only "joked about the prospect of working together." But their story has always been hard to believe. Six weeks before Lott announced his retirement, his son, Chet, "secured the rights to the domain name" breauxlott.com. Days after the announcement, Breaux resigned from lobbying powerhouse Patton Boggs.


THINK FAST

After hearing testimony from CIA Acting General Counsel John A. Rizzo, Rep. Peter Hoekstra (R-MI) indicated yesterday that CIA official Jose A. Rodriguez Jr. "ordered the destruction of videotapes depicting agency interrogation sessions even though he was directed not to do so." Rodriguez was previously said to never have been "instructed to preserve them."

The Americans for Legal Immigration Political Action Committee, a group dedicated to fighting illegal immigration, launched an effort to draft CNN's Lou Dobbs into the presidential race as an independent.

In recognition of the difficulty in passing timelines for withdrawal from Iraq, anti-war groups will instead "push for legislation to prevent President Bush from entering into a long-term agreement with the Iraqi government that could keep significant numbers of troops in Iraq for years to come."

Americans are "revved up -- and ready to vote." According to a new USA Today/Gallup poll, 62 percent of voters "say they're more enthusiastic about voting than usual. That's 17 percentage points higher than at this point in 2000 and 6 points higher than in 2004 -- a year in which November turnout was the highest in a generation."

Asked about an incident this month involving Iranian speedboats and U.S. warships in the Strait of Hormuz, Secretary of Defense Robert Gates said "he did not know who was responsible for a threat made over the radio that brought the United States and Iran close to confrontation."

Federal Reserve Chairman Ben Bernanke "told lawmakers that he can support tax cuts or spending measures to stimulate the economy" that are "quick and temporary," even "if they increase the budget deficit." Bernanke refused to comment on linking "a stimulus package with a permanent extension of President Bush's tax cuts," which may disappoint conservatives.

At an event in South Carolina yesterday, a questioner angrily confronted John McCain about his support for removal of the Confederate flag from the state Capitol. "My answer to that is I can't be more proud of the overwhelming majority of the people of this state who came together in taking that flag off the top of the Capitol," said McCain to a standing ovation.

68 percent: Americans who "say individuals should be required to have medical insurance, with government help for those who cannot afford it," according to a new poll by The Commonwealth Fund. In the survey, even 52 percent of Republicans said they support health care mandates.

And finally: Yesterday, Sen. Hillary Clinton (D-NY) "tried another career on for size: flight attendant." Playing flight attendant on a chartered 737 carrying her staff and members of the media, Clinton said over the loud speaker, "Good afternoon ladies and gentlemen, and welcome aboard the maiden flight of Hill Force One." She joked that the FAA prohibits the use of electronic devices "that may be used to transmit a negative story about me" and added that the "in-flight entertainment" would be her "stump speech." (Video here.)



INTERNSHIPS

The research team that brings you The Progress Report and ThinkProgress.org needs spring interns! Click here for more information.

GOOD NEWS

The number of abortions has "plunged to 1.2 million a year, down 25% since peaking in 1990," according to a new report by the Guttmacher Institute. Pro-choice advocates noted that women "may be avoiding unwanted pregnancies, thanks in part to the morning-after pill, emergency contraception that is sold without a prescription to women 18 and older."

STATE WATCH

TEXAS: Texas is the biggest carbon polluter in the country.

MARYLAND: State is taking steps to comply with Real ID.

HEALTH CARE: "Several states and communities are moving to provide universal health coverage for their residents, but a federal law is blocking their efforts."

BLOG WATCH

THINK PROGRESS: Homeland Security Secretary Michael Chertoff permanently installs hand-picked agency staffers, "overextending his influence" after 2008.

CROOKS AND LIARS: Fox News host Bill O'Reilly falsely claims that "there's not many" homeless veterans.

BRENDAN NYHAN: Norman Podhoretz, a proponent of more wars in the Middle East, asks, "What's a Kurd, anyway?"

TAPPED: Pastor praised by President Bush charged with perjury in sex scandal.

DAILY GRILL

"I have nothing that we've agreed to or lined up."
-- Former Republican Mississippi senator Trent Lott, 11/28/07, on his plans after retiring from the Senate

VERSUS

"John and I'd talk about the idea of getting together and forming a bipartisan firm, for years we kind of joked about it, and then it just seemed like it was time for us to see if we could do this."
-- Lott, 1/16/08, on his lobbying plans with former senator John Breaux.


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