I don’t care if you’re on here to play this as the new 4D move, to doom harder than you’ve ever doomer, or if you’re seriously just confused. Give everyone the chance to catch up with the news first and a fair shake at understanding it before preaching which path you would have taken and why.
Trump’s Statement (Not on Twitter) https://www.whitehouse.gov/briefings-statements/statement-from-the-president-122720/
What’s This Impoundment Act All About? https://budget.house.gov/publications/report/impoundment-control-act-1974-what-it-why-does-it-matter
The Options Trump Had on a Poison Pill Bill:
Remembering your civics class, Congress has the most authority/power in government (and also carries most of the blame). BOTH HOUSES OF CONGRESS WANTED THIS BY OVERWHELMING MAJORITY. Trump had only a handful of civil options to take at this time, and none of them were going to be a win-win. I list the options that I believe he had to consider, but other creative / law-oriented peeps can discuss in the thread.
Option 1: Sign Outright
This is the “Give Up” Option. No one on here wanted this. The left would not have cared if we took this option (poison pill). It makes Trump look “nice” to those currently looking for any relief from COVID / unemployment, but it also signals a loss at a very bad crossroads for him.
Option 2: Veto Outright, Then Attempt Impoundment Afterward
This is the “Hard Line” Option. We wanted this, but the left would not have cared if we took this option (poison pill). This option gives a minor ideological victory for Trump’s base (us) that would have been overridden immediately by Congress by overriding the veto, and gives them headlines for days/months (CNN: Trump hates the Unemployed, See Why). It would have demotivated some supporters who are dependent on unemployment / COVID relief. It ALSO would have distracted everyone from Trump’s core arguments against the bill (vote on Section 230, increase funds to citizens, remove pork), which Congress would have dealt with behind the scenes.
Option 3: Sign, but Attempt Impoundment Afterward
This is the “Covert” Option. It demotivates some of the base (us) that are hard liners. It selectively delays the poison parts of the bill past Jan 20th (45 days), and disperses the good parts of the bill immediately. It also forces Congress to consider Trumps core arguments against the bill in the limelight instead of being able to distract behind the scenes through line item veto, delay, or as contingencies to pass.
Option 4: Allow Bill to Die and be Handled by Next Congress Before Acting on Above Options
This is the "Passive / Stall" Option. It tries to play the clock out for maximum effect by first letting the bill die before the next Congressional session. Then, Congress must re-introduce and re-vote on the bill, restarting the 10-day countdown at that time. The most likely option I could see would be for the new Congress to vote on the bill as-is with no amendments just to force the same poison pill decision above, but now a few days later and with no support for unemployment / COVID relief in the meantime. If Congress had real moxie, defectors could try to stall the bill, but I doubt that would happen with near unanimous support prior.
I believe it is important for all of you to at least be informed on the decision made and some options on what could have been done, regardless of where you fall on the support spectrum.
More than anything else, this should wake you up to the DISASTER that is our Congress and the fight we have ahead of ourselves as we make this a nation “Of the People” again instead of “For the Elite”.
The link was the quickest path I could find to explain what was going on without blowing up into full legalese, so my apologies for that.
The jist of this maneuver is that the President has limited authority to question and suggest changes as part of providing enforcement on the law, especially on Omnibus legistlation. The Executive Branch are the Doers, afterall: they spend the money that is given in the way that Congress allocates it, and they enforce the laws that are put into effect. It is hard to make Do on the law, however, when Congress shits it up on occasion.
The ICA is the current method that the president has to formally attempt to clean up the law that is passed before enforcement. It's a 45-day window where the agreed-upon parts of an omnibus are allowed to go through immediately, but the weird parts of it are either delayed or sent back to Congress for reconsideration. Congress then decides how the law is cleaned up, if they want to, before it finally goes into effect. This also gives the Executive branch a window of time to review how enforcement should be executed to meet the letter of the law, or to challenge it immediately if Congress passed an unconstitutional law.
In this situation, I think it's being used to punt enforcement to after 45 days as well as give focus of the pork back to Congress so that the people can judge them accordingly.
Thank you, appreciate the time you took to explain. Interesting stuff. Definitely the best move.