Today, Bush went further than anyone thought possible. He has vetoed the Defense Authorization Bill. His right. But he has insisted that he cast a pocket veto because the Congress is not in session! To prevent a crisis, he did a CYA move to veto it for real, but he nonetheless claims that the Senate's pro forma sessions don't count, and that Congress is not in session. Congress is in session. Period.
To quote him:
"The adjournment of the Congress has prevented my return of H.R. 1585 within the meaning of Article I, section 7, clause 2 of the Constitution. Accordingly, my withholding of approval from the bill precludes its becoming law. The Pocket Veto Case, 279 U.S. 655 (1929). In addition to withholding my signature and thereby invoking my constitutional power to "pocket veto" bills during an adjournment of the Congress, I am also sending H.R. 1585 to the Clerk of the House of Representatives, along with this memorandum setting forth my objections, to avoid unnecessary litigation about the non-enactment of the bill that results from my withholding approval and to leave no doubt that the bill is being vetoed."
If he tries to make a recess appointment, it will be war. Reid will not tolerate that.
This is just the most outlandish of the claims of vast Executive power.
Bush belongs in jail.