1) The House and Senate plan to take up the final version of the annual defense policy bill early next week. President Trump issued a veto threat over the summer. He opposed language in the measure which renamed military bases associated with Confederates.
2) Now the President is threatening the veto the bill because it lacks a provision terminating “Section 230.” That’s a provision of a 1996 law which gives tech firms liability protections.
3) Section 230 provisions would be unrelated to the military and military policy leaders on Capitol Hill oppose including the provision in this particular measure – even if some also wish to eliminate Section 230.
4) Overnight, Mr. Trump incinerated Senate Armed Services Committee Chairman Jim Inhofe (R-OK) on Twitter over his refusal to include Section 230 in the defense policy bill.
 
This could set up a possible veto override fight with the President.
5) The House approved the original version of the defense bill on July 21, 295-195. The Senate followed suit on July 23, passing the bill 86-14. Successful veto overrides require a two-thirds vote. Both the House & Senate have demonstrated they have a two-thirds vote to override
6) The House figure is a little close. But the Senate number is well above two-thirds.
 
That said, the final version of the bill is a little different.
7) And, votes on original versions of legislation don’t always translate to the final measure – let alone a potential veto override effort.
 
President Trump has vetoed eight measures during his time in office. Congress has never overriden one of his vetoes.
8) Successful veto override are rare. There have only been 111 in American history. The last succesful veto override came in September, 2016. The House and Senate overrode President Obama’s veto of a bill to allow the families of victims from the 9/11 attacks to sue Saudi Arabia.
9) On its face, it would appear the House and Senate have the votes to override President Trump if he vetoes the defense measure. But talking with some Republicans, it is apparent to Fox that some GOPers are loathe to cross the President on this issue.
10) Especially if he will continue to hammer them - as Mr. Trump prospectively runs for President again over the next four years. Congressional Republicans still fear the President speaking out against them, Tweeting about them & maybe engineering primary challenges against them.
11) Such a scenario means the House and Senate could lack the votes to possibly override a veto.

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More from @ChadPergram

3 Dec
1) Hse Rules Cmte Chair McGovern writes to Hse Dems telling them "you must be present on the House Floor to be sworn in" to start the new Congress. Notes that "Proxy voting ends when this Congress ends."
2) McGovern tells Hse Dems "Members’ physical presence for any votes arising in the joint session to count electoral votes on January 6 is also critical, both because such proceedings are governed not only by House rules but also by joint rules codified in statute..."
3) McGovern: "...and because they include the participation of the Senate and the Vice President. Accordingly, it is essential to the legitimacy of Congress in counting the Electoral College votes on January 6th for Members to be in the House Chamber."
Read 7 tweets
3 Dec
1) House Majority Leader Steny Hoyer (D-MD) indicates that the new, 117th Congress is likely to begin at noon on January 3 – even though it is a Sunday. The 20th Amendment to the Constitution mandates that Congress begin at that day and time.
2) But it offers the provision to change the start by passage of a law. Congress often moves the start date by a day or two, especially if January 3 falls on a weekend, as it does in 2021.
3) Here's the reason: It’s unclear as to whether Congress can approve such a law to move the date and earn a presidential signature – although Hoyer did leave open the possibility of beginning on January 4 or 5.
Read 27 tweets
2 Dec
1) There are differing views as to whether or not Congress may have to prepare a stopgap spending bill to avoid a government shutdown at the end of next week. The government is funded through 11:59:59 pm et on December 11.
2) Senate Appropriations Committee Chairman Richard Shelby (R-AL), other Senate sources and administration sources have indicated they think it may be necessary to do an interim spending bill next week to avert a shutdown.
3) However, House Democratic sources have dismissed those ideas. Fox is told yes, there are many, many issues which must be resolved for the omnibus spending bill. But Fox was told “it’s almost as though some want to inject drama” into the process.
Read 5 tweets
1 Dec
1) Here's a breakdown of what's unfolding behind the scenes with coronavirus relief efforts. A coalition of bipartisan senators and some House members have cobbled together a $908 billion proposal
2) House Speaker Nancy Pelosi (D-CA) and Senate Minority Leader Chuck Schumer (D-NY) have engineered a “private” coronavirus plan they shared with Senate Majority Leader Mitch McConnell (R-KY) and House Minority Leader Kevin McCarthy (R-CA) – but are not sharing the details.
3) McConnell has been working with the Trump Administration to craft a plan which can earn President Trump’s signature. That proposal, is believed to cost $332 billion – but has not been scored by the Congressional Budget Office. It's price is offset.
Read 24 tweets
1 Dec
A) Graham: I completely concur with Attorney General Barr’s decision to appoint Mr. Durham as special counsel regarding matters related to the Department of Justice and FBI’s conduct in the Crossfire Hurricane investigation.
B) Graham: Based on hearings we held in the Senate Judiciary Committee, it is obvious the system failed and the FISA Court’s rebuke of the Department of Justice and FBI was more than warranted.
C) Graham: I have complete confidence that Mr. Durham is the right man at the right time to be appointed special counsel. I hope his work product will help restore confidence in the Department of Justice and FBI after the debacle called Crossfire Hurricane.
Read 4 tweets
1 Dec
1) Pelosi: The Secretary and I spoke today on the omnibus and I laid out the bipartisan progress that Chairman Shelby and Chairwoman Lowey have made. I relayed my hope that the Administration would support this bipartisan path.
2) Pelosi: On COVID relief, we acknowledged the recent positive developments on vaccine development and the belief that it is essential to significantly fund distribution efforts to get us from vaccine to vaccination.
3) Pelosi: Any COVID proposal must ensure that the vaccine is a free and accessible to everyone.
Read 4 tweets

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