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House Again Passes Defense Authorization, Refutes "Pocket Veto" Claim

January 16, 2008
Blog Post
The House has again passed the Defense Authorization bill, rejecting President Bush's claim of a "pocket veto" and treating his actions as a standard veto. As a result, troops will now get the pay raise and bonuses authorized in the legislation and delayed by the President's veto.

Armed Services Committee Chairman Ike Skelton explained the scenario:

Rep. Skelton: "But nevertheless, regarding the issue as to whether it was a pocket veto or not, the 1974 case Kennedy v. Sampson, which was a DC Circuit Court case, said that the ability to receive a veto message -- which we had, under our adjournment resolution, Madam Speaker, we had language that allowed the Clerk of the House to receive any messages, which of course on December 28 was the veto message from the President. And the Speaker designated the clerk to receive it. And as we saw, it was a regular veto as opposed to a pocket veto, and I hope it puts that issue to rest for the days ahead."