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Senate Technically Remains In Session

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By LAURIE KELLMAN, The Associated Press

Published: December 27, 2007

WASHINGTON - The House was quiet as a mouse the day after Christmas. Across the Capitol, though, the Senate was operating in an unusually efficient manner in its ongoing power struggle with President Bush.

A nine-second session gaveled in and out by Sen. Jim Webb, D-Va., prevented Bush from appointing as an assistant attorney general a nominee roundly rejected by majority Democrats. Without the pro forma session, the Senate would be technically adjourned, allowing the president to install officials without Senate confirmation.

The business of blocking Bush's recess appointments was serious. It represents an institutional standoff between Congress and the president that could repeat itself during Congress' vacations for the remainder of Bush's presidency.

In such situations, pro forma sessions also could give Bush some political cover on popular legislation he doesn't want to sign. When Congress is holding pro forma sessions and is not formally adjourned, a bill sent to a president automatically becomes law 10 days after he receives it - excluding Sundays - unless he vetoes it.

That could be the fate of two bills Congress passed last week. One growing out of the Virginia Tech massacre makes it harder for people with mental illness records to buy guns. The other makes it easier for journalists and others to obtain government documents through the Freedom of Information Act.

The FOIA bill, for example, would become law on New Year's Eve if not vetoed before then, according to Senate Judiciary Committee officials.

Also Wednesday, Bush, still voicing concern about special project spending by Congress, signed a $555 billion bill that funds the Iraq war well into 2008 and keeps government agencies running through September.

Bush's signed the massive spending bill as he flew on Air Force One to his Texas ranch to see in the new year.

"I am disappointed in the way the Congress compiled this legislation, including abandoning the goal I set early this year to reduce the number and cost of earmarks by half," the president said in a statement.

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