This just out from the White House’s Dan Pfeiffer:
Today, the White House announced that President Obama will not sign H.R. 3808, the Interstate Recognition of Notarizations Act of 2010, and will return the bill to the House of Representatives. The Interstate Recognition of Notarizations Act of 2010 was designed to remove impediments to interstate commerce. While we share this goal, we believe it is necessary to have further deliberations about the intended and unintended impact of this bill on consumer protections, including those for mortgages, before this bill can be finalized.
Notarizations are important for a large range of documents, including financial documents. As the President has made clear, consumer financial protections are incredibly important, and he has made this one of his top priorities, including signing into law the strongest consumer protections in history in the Wall Street Reform and Consumer Protection Act. That is why we need to think through the intended and unintended consequences of this bill on consumer protections, especially in light of the recent developments with mortgage processors.
The authors of this bill no doubt had the best intentions in mind when trying to remove impediments to interstate commerce. We will work with them and other leaders in Congress to explore the best ways to achieve this goal going forward.
There’s been a pang of concern over the language of “will not sign” over “will veto” in the statement. The President cannot “pocket-veto,” in other words veto something by not signing it, when Congress is in session. Though you think they’re not, they are in fact having pro forma sessions, because of the silly deal in the Senate to block recess appointments between now and the election. Some have feared this amounts to a pocket signing of the bill.
But there’s other language in this statement that’s important. Pfeiffer says that the White House will “not sign” and “return the bill to the House of Representatives.” That’s crucial. Legislative procedure expert David Waldman sees this as a “belt and suspenders veto,” similar to what Obama did last December:
The only other aspect of the President’s actions that merit additional examination is the fact that the veto itself was a belt-and-suspenders measure, in that he backed up a pocket veto by issuing a regular veto as well, just to be sure the job was done.
Here, as guy0307 pointed out, is the body of President Obama’s Memorandum of Disapproval:
The enactment of H.R. 3326 (Department of Defense Appropriations Act, 2010, Public Law 111-118), which was signed into law on December 19, 2009, has rendered the enactment of H.J.Res. 64 (Continuing Appropriations, FY 2010) unnecessary. Accordingly, I am withholding my approval from the bill. (The Pocket Veto Case, 279 U.S. 655 (1929)).
To leave no doubt that the bill is being vetoed as unnecessary legislation, in addition to withholding my signature, I am also returning H.J.Res. 64 to the Clerk of the House of Representatives, along with this Memorandum of Disapproval.
Ah, the poor pocket veto. I guess nobody believes in you anymore. Perhaps another casualty of George W. Bush’s total disregard for pretty much anything and everything regarding Article I powers.
We’ll have to wait and see the official Memorandum of Disapproval, but it looks from the language that Dan Pfeiffer used in his statement that the same will apply in this case. In addition, I’m pleased by the attention being paid in the statement to the potential effect on mortgages and foreclosure issues.
I think we can say with 99% accuracy that HR 3808 will not become law.
UPDATE: Patrick Leahy, who rocketed this bill through the Senate after getting encouragement from “constituents” to sign it, approves of the veto:
Sen. Patrick Leahy (D-Vt.), chairman of the Judiciary Committee, moved the legislation through the Senate without debate on Sept. 27.
“Senator Leahy understands the President’s decision not to sign the Interstate Recognition of Notarizations Act, and he supports that decision,” said a Leahy spokeswoman in a statement. “When Congress passed the legislation, no concerns or objections had been expressed. Now that concerns have been raised, Congress should reexamine whether this bill might have an unintended impact on foreclosures in the future. We certainly do not believe that is what Representative Aderholt and the other cosponsors of the legislation intended.”
Robert Aderholt (R-AL) was the chief sponsor in the House.
UPDATE II: John Conyers of the House Judiciary Committee responds, notes that there hasn’t been a hearing on this bill in four years.
I support the President’s decision not to sign the “Interstate Recognition of Notarizations Act of 2009.” Although I believe the bill was originally well intentioned, I now believe this issue requires more careful review and discussion before the law is changed. There is substantial concern that this legislation may exacerbate the problems we are seeing with improprieties in the foreclosure documents being processed by mortgage lenders. We have not held a hearing on this matter since 2006 and I think it is worth our time to take another look at this issue before we consider legislation to ensure it does not harm consumers. At a time when three of the nation’s largest mortgage companies – Ally Financial, JP Morgan Chase, and Bank of America – have suspended legal proceedings in 23 states due to document flaws, we need to be very careful not to pass legislation that could allow increased deficiencies.
Just want to say that the President did the right thing here. There were too many unanswered questions with the bill.




93 Comments

Support this site!
Subscribe to the newsletter
Advertise on Firedoglake
Send
us your tips
Make us your homepage
About FDL News Desk
I don’t believe for one second that Obama isn’t going to sign this or something very similar to enable more bankster fraud.
He’s just gonna hold off till after the election and blame Republicans.
His words are worthless.
What are the chances we will ever find out how and why this bill got through so fast and who put the offending language in it? Does Congress ever hold hearings into it’s own inner workings? Anybody know?
Jesh! Obama stops the bill cold and you still attack him as if he signed it! Clemenza please give it a break.
thank you David Dayen – the pangs they are abatin’
Thank you Obama. Credit where credit is due.
This may be a case where someone holds a hearing, but I would put that as unlikely. At any rate, the bill’s on hold.
I wouldn’t say there’s “offending language” in the bill – there’s barely any language in it at all! It’s a matter of how it would be interpreted.
Leahy did this? He used to . . .
Did Chris Dodd have anything to do with this “legislation” as a gift to his future bosses?
Now that concerns have been raised, Congress should reexamine whether this bill might have an unintended impact on foreclosures in the future. We certainly do not believe that is what Representative Aderholt and the other cosponsors of the legislation intended.” —
And my ass can whistle ‘Dixie’, too.
I am from Alabama. I am not so sure about that.
clemenza is justified in being skeptical. After a dog bites you six times, you sort of expect the same when he’s attacking you the seventh time.
Kudos to progressive blogs for raising the alarm about this bill, and congrats to the President for doing the right thing.
It sounded a lot like Arlen Sphincter slipping in those extra provisions in the Patriot Act without anyone knowing it.
This is hilarious:
How could “concerns” or “objections” be expressed when there were no hearings, there was no legislative history, and there was no floor debate? This bill passed out of the House on a voice vote (no members’ votes were recorded) and by unanimous consent in the Senate. It came out in the figurative if not literal middle of the night and was supposed to go into effect just as obscurely.
Please don’t try to bullshit us, Pat. When you do, you only insult yourself by showing us you think we won’t catch you at it.
Yes, just like thanking the fireman for putting out the fire that he started.
Right, but you still have to reinforce good behavior when it occurs, and keep your mind open about whether it will continue.
You say there’s little language in it at all, can you provide a link? I believe you, I just want to read it. Thnx for the info
Yea, can you believe it Obama is still trying to play nice. I guess he still has the senator mindset.
IT’S OBAMA’S FAULT! *drool* *slobber*
Oh wait…
David provided the link downstairs earlier today.
Given Mr. Obama’s history, I don’t find clemenza’s skepticism unjustified. In fact, I was just about to suggest that we hold off the celebration until after the elections and see what happens to this thing then.
EDIT: That being said, a tentative thank you to the president. I’m sure it will be a comfort to me when I lose my home this winter because I don’t have a job, rather than because of a fraudulent foreclosure.
That strategy works well with border collies. Not so sure with people though.
right on – it could have easily gone another way – where they had the nerve to call it a Pocket Veto when in fact it would have allowed for passage
This shows the Dems instant polls showed Obama no support I think we are good for now:) The Lefties one won for now!
In my first post on this in the morning, I posted the entire text of the bill. Scroll back to the post “does hr3808 stop foreclosure fraud in its tracks.”
Theres a difference between being skeptical and being offensive. On what basis does he justify this charge ?
I just think sometime we go over the top in attacking the President. After all the alternatives to our Democratic President are far more dangerous and deserving of our skepticism and rath, wouldnt you agree?
Understand how stressful it can be being out of work. Best wishes that something breaks so you can stay in your home.
Thnx
Unanimous bipartisanship at work – trying to help the only constituents that matter via massively flawed legislation.
That question wasn’t directed at me. Still:
“I am for a robust public option”
“I will be a fierce advocate for LGBT Americans”
“I support repeal of Don’t Ask, Don’t Tell”
“I will close Guantanimo Bay in the first year of my presidency”
“I will never do anything to endanger Social Security”
Should I go on?
Thanks. I had two interviews today. One company was hiring, the other one….well I just kind of pushed myself on them. ;)
You mean she.
Sorry, but I cannot agree. Other posters more eloquent than me have pointed out the numerous excesses of this administration. Short of not attacking an American city like Bush/Cheney did on 9/11, the Obama administration is not much of an improvement.
I’ll bet the President not signing this pos has let some of the air out of Broder’s stiffie….
Special Book Salon up with Bob Woodward’s Obama’s Wars hosted by Greg Mitchell
While I agree in principle there is a much wider cast of characters that pushed this midnight run. It would have taken very little effort to force this to a vote and put it on the record but no one from either side did. Which of course means they are all on record in support.
The fact that no one knew which way this would play out within Team Obama is still important in it’s own right.
I too wonder about the language. Why doesn’t he just say veto if that’s what he’s doing? But if it does end up being in effect vetoed and then improved, kuddos Mr. President.
On another note, isn’t it nice how the Democratic Congress went to the exteme of having “psuedo” sessions of Congress just to prevent a Democratic President from recess appointments.
They did this same thing when the Democrats controlled the Senate for the final two years of Bush. Right? Right?
I don’t know whether to laugh or cry about this. Obama has been such a disappointment maybe his recess picks would be a disaster. On the other hand, the Senate has been such a disaapointment maybe their approved picks would be even worse?? Damn I want my real Democratic Party back.
Im sure you rath over not finding a job is real. I just wonder why you seem to think Obama is the cause? I know we sometimes have short memories but it was Bush and the Rethuglicans who are directly responsible for the situation you find yourself in. Please keep that in mind. I do agree that Obama has not been as aggresive in pushing for stimulas money as he should have. But he is trying to do the right thing. Do you think America is better off than, lets say it would have been under McCain/ Palin?
Well it’s four years late in coming but apparently Connecticut has finally had enough of short ride Lieberman.
Article 1, Section 7 states:
If any Bill shall not be returned by the President within ten days (Sundays excepted) after it shall have been presented to him, the same shall be a Law, in like manner as if he had signed it, unless the Congress by their Adjournment prevent its return, in which case it shall not be a Law.
If the President does not sign the bill within the required time period, the bill becomes law by default. However, the exception to this rule is if Congress adjourns before the ten days have passed and the President has not yet signed the bill. In such a case, the bill does not become law; it is effectively, if not actually, vetoed. If the President does sign the bill, it becomes law. Ignoring legislation, or “putting a bill in one’s pocket” until Congress adjourns is thus called a pocket veto. Since Congress cannot vote while in adjournment, a pocket veto cannot be overridden.
Isn’t Congress technically still in session, since the Democratic Party bent over for the Republicans in an agreement not to allow Obama to recess appoint nominees?
So, if he exercises pocket veto, it would become law — wouldn’t it?
He’d have to veto the bill outright.
Edit: Never mind, didn’t read the entirety of comments.
Thank you for your patronizing tone. Yes, I’m fully aware of the fact that my job was lost as a direct result of Bush policies. I’ve also seen Obama time after time, begin negotiating by taking things that would actually help off the table for exactly no Republican votes. I have watched Harry Reid over and over throw up his hands in despair and dismiss the Senate for holidays or vacation and where was Obama and his bully pulpit? Obama recently admitted that in his first month he realized that Republicans were going to try to block everything. Fine. Where in the f*ck has he been in the last 22 months since that realization?
Obama is Commander in Chief. He doesn’t NEED congress or the armed services to agree to it for him to order a halt to discharges under DADT but they still go on.
We recently found out that he cut a back room deal to flush the public option and he was still paying lip service to it AFTER the deal was made.
Obama is just another corporate owned DC flunky. Just like the chimp.
“Do you think America is better off than, lets say it would have been under McCain/ Palin?”
I guess it depends on which American you ask. If you ask one of the Americans targeted for assassination without due process, I’m not sure they would care much who the guy was pulling the trigger.
If you ask those that care about things like the US Constitution, then assassination American citizens, ending habeaus corpus rights, continuing torture and rendition, as well as warrentless spying on Americans, well now, since Obama is exactly the same as McCain/Palin those Americans would likely not care much.
If you ask Americans opposed to the wars, well then, Obama is, like McCain would have, honoring the agreement Bush struck with Iraq, and leaving 50,000 troops still there as targets, and increasing our targets in Afghan, I suppose those Americans wouldn’t care much.
If you ask Americans that beleive in gay and lesbian rights and ending DADT, well so far it appears those Americans wouldn’t care much.
If you ask Americans that support labor and specifically EFCA, well I suppose those Americans wouldn’t care much.
If you ask Americans that believe health care is a right, not a priviledge, then I’m pretty sure those Americans are probably really upset about Obama intentionally dealing away the PO while he claimed to endorse it, the same with drug re-importation, and then we ended up with a Republican health care plan that McCain/Palin would’ve been proud to sing, yeah, they’re probably upset too.
Should I go on??
Maybe a better question would be who really does believe there’s much of a difference. My guess is those are some poorly informed folks or some serious partisans only interested in which “team’ wins.
I hope that’s “Team Connecticut” speaking, not just dems.
Sorry. Those examples don’t come close to making Obamas words
.
That’s the way I see it too.
Actually, Reid did hold pro forma sessions throughout the last year-plus of the Bush Administration to prevent recess appointments.
Hey David, did you see the piece on Dylan Ratigan about the woman whose house was broken into by the banks? She and her lawyer were on together. IT was a good piece highlighting the abuses of the banksters. Very very scary stuff.
Certainly not to an Obama apologist but if we want to be intellectually honest, then we need to hold Obama to the same standards to which we held Bush. I guess for some people that’s just a bridge to far because (D) always = Good.
As I write in the post, by returning the bill to the House, he’s actually not pocket-vetoing the bill.
Congress needs to repeal DADT. Eisenhower, when desegregating the military, didn’t require Congressional approval because it was never binding law passed by Congress, but military policy.
As for the Public Option, well — we all knew he was a hack once he pulled that 180 on FISA when he was running for the Presidency. I wrote in for Kucinich instead.
Yes, I embedded the video in an earlier post.
The other thing that bothers me about this bill is that many local notaries would lose a lot of business! :0
Awesome. Thanks. I didn’t remember that.
Score one for Reid.
Now, why again are they doing it when a Democrat is the President?
What has happened to Leahy, scribe? I’m just baffled.
red face
found it…man, you are so prolific, it’s hard to keep up. Thanks again for the great work.
Legislative procedure expert David Waldman sees this as a “belt and suspenders veto,”
Any chance you could explain that? I’m not familiar with that. I thought you could either sign, veto or pocket veto. Guess I was wrong.
Yes. Obama can unilaterally stop enforcing it. Period. DADT was originally a Department of Defense directive, (Number 1304.26), written and signed by President Clinton. Obama could absolutely order enforcement stopped and to hell with congress and everybody in it.
Yes he can. He could also use some sort of “stop loss” order as Commander in Chief I think, though I’m not up to speed on if that’s totally accurate or what the right term is.
But you’re right. Obama could stop it today if he really wanted to.
AND THE KILLIN GOEZ ON AND ON AND…
Citizen David Dayen and the Firepup Freedom Fighters:
You earn another oakleaf cluster on your Norske Medal of Citizenship, Brother David. There is no one in blogjournalism that provides the level of detail and authoritative understanding of an issue or event that you do, Citizen…I thank you again.
My question is a simple one and requires only your informed speculation or opinion : Would the White House be taking this action and in this way if Rahm Emmanuel were still playin’ bagman in the WH?
KEEP THE FAITH AND PASS THE AMMUNITION IF YOU’RE NOT GUNNA USE IT!!
Sheesh, can’t take your eyes off these guys for two seconds….
And I’m not even talking about the Republicans.
Alhtough it began as a DoD Directive, it did get enshrined in law by the Rs.
However, Obama can direct the DoD to stop processing discharges while the “study” for repeal is ongoing as I understand it.
Poseur, revealed as such.
Remember, we were asking a lot the same about Dodd 18 months or so ago.
My opinion is firmly based on his MO.
If he sticks to his guns after the mid terms, I’ll be the first
one to say I misjudged him on this.
Only 1 chance in 100 that your house will be stolen by banks. Thanks, Big O!
My basis for saying his words are worthless are based on his penchent to flat out lie about eveything.
His pro middle class words betray his behind the scene actions.
A People’s Guide to the foreclosure scandal, Alan Grayson, and the bill that will apparently be vetoed.
Fighting the wrong fight.
There will be a time to fight this battle with the Democrats.
The life of the country is not on the line in that battle.
If the GOP destroyed America in 8 years when we reached our pinnacle what do you think they will do to us when we are teetering on the edge.
Put out a helping hand or push you the fuck off the cliff.
I guess your willing to take that chance.
I’m not familiar with the belt and suspenders veto term either. Would someone explain please? I hope it’s not anything like the “tuxedo veto” or the dreaded “socks with sandals veto”. /s
I’m with you, I am skeptical about the significance of this chain of events. Fool me once etc. I wouldn’t be shocked if it turns out that Orahma orchestrated the whole thing to throw the left a cheap bone.
If so Orahma will play the part of Robin, Boy Wonder, and shrug his shoulders and say “what can I do, I don’t have 60 votes in the Senate to prevent it?”
How can this bill even come up for a vote in a Democratic controlled Senate ?
How is it that the GOP with their tiny numbers can forestall legislation that they don’t want…but the Dems with a majority & so called progressives are impotent,even allowed this bill to get to the Prez’s Desk ?
You really think they care about you….if you are an ordinary American, no,both parties don’t give a shit about you.
Outlaw Josey Wales.
River ferry scene.
Wherin the river ferry operator sings Dixie or Glory Glory Hallelujah depending on who’s riding the ferry or riding down into the ferry entrance.
*G*
belt and suspenders veto = veto with a pen AND send back as a pocket veto.
That is, make sure to cover all bases – “wearing both a belt and suspenders”
Just a quick thanks David for staying on top of this and getting deep inside it.
This one sprang up FAST recently and became viral.
David, FDL, Pups all had some pressure to bring to bear just by bringing the bill to light of the blogosphere (along with other blopggers) and creating the dialogue and awareness about the bill.
And there was GREAT dialogue about it all thru out David’s coverage.
Thanks to all.
“Fooled ‘em again, Josey.”
*G*
Sending the bill back to House for reconsideration unsigned is just a regular veto, but since the House is adjourned they can’t override the veto, and since they can only override the veto in the session it was passed, it ends up being dead in the same manner as a pocket veto.
That’s what I said! That’s ALL I said!
Margaret I share all your thoughts about Obama.
And I tire of havin the same conversations with those who DON’T feel like we do.
SO from now on in, I’m implementing:
*TheLarue*
Given ALL the overwhelming evidence concerning Bush/Obama as NOT being for ‘we the people’ it’s IMPOSSIBLE to list all our evidence, time and time and time again for those who just will not accept it anyways.
What’s *TheLarue*?
The * is an asterik that sources these links as evidence, attribution and a general ‘fuck you’ for ignoring reality:
There’s This For GOP In General.
There’s This For BushCo.
There’s This For Obama 1-100.
There’s This For Obama 101-193.
Invoke when needed!!!!
*G*
And a BIG Dawg Bless Hugh for all work on his lists and all his work and comments.
Sorry if I misunderstood. I read your comment at 56 as implying that it was not enshrined in law.
Too bad we don’t have a midterm election every month for the next two years. It’s the only time we get to apply pressure, after that they tend to ignore us.
It was part of a deal to get 54 noncontroversial nominees confirmed before leaving Washington.
I think it’s stupid, but I also think recess appointments are stupid, actually, and I think the entire system of appointments needs root-and-branch reform, not work-arounds that rely on the executive going around Congress.
Oh, DOH! I DO remember that now.
Man my memory is really starting to worry me.
I watched my grandfather’s (on my father’s side) faculties whither away until he couldn’t speak or change his own clothes. He spent the last 8 years of his life a zobmie in a nursing home.
Then in 2002, my father began exhibiting the same symptons. By 2005, he too was in a nursing home, unable to communicate, bathe, eat, or anything. He died last year.
Sorry for the personal bit, just trying to explain why I’m so scared about my memory now.
This is a most excellent unmasking:
I guess the Joker is on us.
Agree with Clemenza.
They just want add a bunch of verbiage to tailor it more effectively to the banks needs while simultaneously obfuscating same. Plus, elections.
The script is so obvious these days.
credit where credit is due. i’m sure all the “pretend progressive” trolls around here will find some way to shit on obama even when he does the right thing…
except that the “dog” isn’t attacking at all in this case. HE IS DOING WHAT WE WANT. oh wait, the goal of your and clemenza’s comment is just to attack obama no matter what, so i guess he isn’t doing what YOU TWO want…
being intellectually honest = means taking the entire record into account.
Lily Ledbetter would’ve passed under McCain? REALLY?
the new stimulus money to States would’ve passed under McCain/Bush? REALLY?
the health care law would’ve had significant subsidies for poor/working people under McCain/Bush? REALLY?
we’d be drawing down our troop count in iraq under bush/mccain? REALLY?
BE INTELLECTUALLY HONEST. OBAMA HAS DONE SOME GOOD THINGS, AND IS NOT JUST DOING WHATEVER THE CORPORATES TELL HIM. LIFE IS COMPLICATED, SORRY.
oops sorry, my response in 86 was meant for you.
I’m a reel pergressive, buddy, and I certainly will. The lying little punkass certainly has earned his shit shower.
Good times.
: )
Being intellectually honest means admitting that the troops in Iraq now are combat troops. We have not left.
Being intellectually honest means admitting that the health care reform bill was a bailout for the insurance companies and does little to help the insured/sick.
Being intellectually honest means admitting that the stimulus bill was far short of what needed to happen.
Being intellectually honest means admitting that Obama helped BP cover up the tragedy in the gulf. etc.etc.etc.
And being intellectually honest means criticizing Obama for the same things one criticized Bush for. Otherwise, it’s not only NOT intellectually honest, it’s incredibly hypocritical.
I’d bet a good amount that most, if not all, of these folks that complain “Waaaaaaa Waaaaa, all you do is be mean to Obama” criticized Bush for warrantless wiretapping. For torture. For rendition. For locking people up with no charges or any rights whatsoever. Funny how they NEVER mention that Obama’s doing those very same things, including assassinating American citizens with no due process.
Come on guys, be intellectually honest!!!
Yupper. People need to take themselves off of auto-hate-pilot and use their critical thinking skills.
Thnx, scribe. Images been crumbling since, as you said, at least 18 months ago. Very disheartening.
They are making progress, OFG. Hold on!
http://www.nytimes.com/2010/08/13/health/research/13alzheimer.html