Congress overrides 9/11 veto
For the 1st time, House, Senate deal Obama a stinging setback
WASHINGTON — The Republican-led Congress has been angling for this moment: the chance to finally deliver President Barack Obama a stinging rebuke with the first veto override since he took office.
It may not be the political score many Republicans had envisioned. The timing comes near the end of Obama’s presidency and on a bill — which would let 9/11 families sue the Saudi Arabian government — that some lawmakers concede is problematic.
But on Wednesday, the Senate voted 97-1 to override Obama’s veto of the Justice Against Sponsors of Terrorism Act. The House followed with an override vote of 348-77.
It was the first time Congress has successfully challenged the president on a piece of legislation, despite Obama’s 12 other vetoes, including 10 when Republicans were the majority of both houses.
In most instances, Congress didn’t attempt an override. The White House made modest gestures to stop the override with warnings from its national security team.
After the votes Wednesday, White House press secretary Josh Earnest blasted the action as “embarrassing” to Congress and predicted lawmakers would have to answer to their constituents.
The opposition had little chance against the compelling stories of the 9/11 victims’ families and friends who have pressured Congress for almost a decade to pass the legislation.
“This rare moment of bipartisanship is a testament to the strength of the 9/11 families,” said Sen. Chuck Schumer, D-N.Y., one of the bill’s authors. “Overriding a presidential veto is something we don’t take lightly, but it was important in this case.”
After a personal appeal from Obama, Sen. Harry Reid of Nevada, the Democratic leader, was the lone Senate vote against the override. Two other senators — Tim Kaine of Virginia, the Democratic vice presidential nominee, and Bernie Sanders of Vermont — did not vote because they were on the presidential campaign trail in support of Hillary Clinton.
The legislation would amend existing law to allow U.S. courts to hear terrorism cases against foreign states, narrowing the scope of immunity now granted to sovereign foreign actors.
Supporters say it will allow victims of terrorism their day in court.
But opponents, including the administration, warn that it could complicate U.S. relationships abroad, impede national security investigations and open the floodgates to similar suits by foreigners against the U.S. government.
CIA Director John Brennan warned of “grave implications” for national security, and Defense Secretary Ash Carter said it could be “devastating” to the department and “undermine” counterterrorism efforts abroad.
Several key lawmakers expressed concerns, saying they were having second thoughts about supporting the bill. But not enough were ultimately willing to stop it.
Officials at the White House are downplaying the significance of this week’s votes, seeing the action as an outlier after nearly two years in which a Republican congressional majority failed to produce much landmark legislation for the president to sign, let alone veto.
While adamant that the 9/11 legislation could have far-reaching consequences and potentially hurt U.S. alliances, not only with Saudi Arabia but with other allies, the administration does not appear to have made a full-court effort to stop it.
Obama’s Democratic allies on Capitol Hill suggested the override vote was not an affront to the president but rather a difference of opinion based on the roles Obama and Congress play in governing.
“It isn’t anti-the president,” House Minority Leader Nancy Pelosi said.
Obama’s thin veto record is similar to that of his predecessor, President George W. Bush, and a fraction of the 37 that President Bill Clinton dashed off with his veto pen. And it’s nowhere near the 250 under President Harry Truman or 635 under President Franklin D. Roosevelt. Overrides also are rare. During the last administration, Congress was able to override Bush four times, all during his final years when Democrats had control of both chambers. Clinton was overridden twice.
Truman and President Gerald Ford experienced the most overrides in the modern era with 12.
“That the president hasn’t vetoed that many bills I think is a pretty damning indictment of the effectiveness of Republicans in Congress,” Earnest said. “We haven’t seen (former) Speaker (John) Boehner or Speaker (Paul) Ryan work effectively with (Senate Majority Leader Mitch) McConnell to pass legislation that advances the conservative agenda.”