Congress overrides Trump veto for the first time

Congress delivered a stinging rebuke to President TrumpDonald TrumpSanders calls out Manchin, Sinema ahead of filibuster showdown Laura Ingraham 'not saying' if she'd support Trump in 2024 The Hill's 12:30 Report: Djokovic may not compete in French Open over vaccine requirement MORE during a rare New Year's Day session Friday, handing him his first veto override in the final days of his administration.

The GOP-controlled Senate voted 81-13 to override Trump’s veto of a mammoth defense bill, well above the two-thirds support necessary, underscoring the depth of disagreement between the two sides of Pennsylvania Avenue.

The House voted 322-87 earlier this week to nix Trump’s veto of the National Defense Authorization Act (NDAA), which greenlights spending levels and lays out policy for the Pentagon.


It caps off a chaotic session for Congress that started with the longest government shutdown in modern history, included an impeachment trial and is now closing in a rare rebuke of Trump. In addition to the veto fight, which was the last vote of the 116th Congress, Senate Republicans effectively killed the president’s demand for an increase in recently-passed stimulus checks, and next week Congress will ultimately reject a long-shot attempt by conservatives to hand the election to Trump.

“It’s a serious responsibility,” Senate Majority Leader Mitch McConnellAddison (Mitch) Mitchell McConnell​​Democrats make voting rights push ahead of Senate consideration Hogan won't say if he will file to run for Senate by Feb. 22 deadline Voting rights, Trump's Big Lie, and Republicans' problem with minorities MORE (R-Ky.) said about the bill on Friday. “But it’s also a tremendous opportunity: to direct our national security priorities to reflect the resolve of the American people and the evolving threats to their safety, at home and abroad.”

The veto fight over the NDAA is in many ways a culmination of years-long, deep divisions between Congress and the president when it comes to defense and national security policy, which started almost as soon as Trump took over the White House with a months-long fight over Russia sanctions.

“President Trump tried to make this vote a loyalty test and an overwhelming majority of U.S. Senators demonstrated their loyalty to the common defense and to the men and women of the United States Armed Forces who defend our nation. ... This vote was undoubtedly a bipartisan rebuke of President Trump.  He tried to use our troops as political pawns and distort what this bill is about. In the end, he lost," Sen. Jack ReedJack ReedDefense bill sets up next fight over military justice  Ukraine president, US lawmakers huddle amid tensions with Russia Photos of the Week: Tornado aftermath, Medal of Honor and soaring superheroes MORE (D-R.I.) said in a statement after Friday's vote. 

The president warned for months that he would veto the defense bill, which will now become law for the 60th year in a row, over language included in both the initial House and Senate bills requiring the Pentagon to change the names of Confederate-named military bases and installations.

As it became increasingly clear that Congress was moving forward with the bill, Trump also lashed out at the legislation because it did not include a repeal of Section 230, a legal shield for tech companies, which GOP lawmakers argued was not related to the defense bill.


Trump’s veto statement also took aim at other parts of the legislation, including restrictions on his ability to remove troops from Afghanistan and Germany.

“My Administration has taken strong actions to help keep our Nation safe and support our service members. I will not approve this bill, which would put the interests of the Washington, D.C. establishment over those of the American people,” he wrote.

Trump’s decision to veto the bill — which came a day after McConnell publicly said he hoped the president would back down — forced Republicans to decide in the administration’s twilight whether to stick with a bill that initially passed with veto-proof majorities or side with the president, who maintains a vise-like grip on the party’s base.

Trump, while largely focused on challenging President-elect Joe BidenJoe BidenMacro grid will keep the lights on Pelosi suggests filibuster supporters 'dishonor' MLK's legacy on voting rights Sanders calls out Manchin, Sinema ahead of filibuster showdown MORE's win, lashed out this week at congressional Republicans, tweeting that “weak and tired Republican ‘leadership’ will allow the bad Defense Bill to pass.”

“Negotiate a better Bill, or get better leaders, NOW! Senate should not approve NDAA until fixed!!!” he added.

More than 100 Republican lawmakers in the House ultimately broke with Trump to support the veto override earlier this week. On Friday, only seven of the Senate's 52 GOP senators voted to uphold Trump's veto: Mike BraunMichael BraunThe Memo: Supreme Court, Sinema deliver twin blows to Biden How a nice-guy South Dakota senator fell into a Trump storm McConnell will run for another term as leader despite Trump's attacks MORE (Ind.), Tom CottonTom Bryant CottonSinema scuttles hopes for filibuster reform Republicans threaten floor takeover if Democrats weaken filibuster  Will Putin sink Biden? MORE (Ark.), Ted CruzRafael (Ted) Edward CruzGolden State Warriors owner says 'nobody cares' about Uyghurs All hostages free, safe after hours-long standoff at Texas synagogue: governor Overnight Energy & Environment — Lummis holds up Biden EPA picks MORE (Texas), Josh HawleyJoshua (Josh) David HawleyHawley says he would have opposed resolution to honor Capitol workers on Jan. 6 Hawley introduces bill banning lawmakers from making stock trades in office Hillicon Valley: Amazon's Alabama union fight — take two MORE (Mo.), John KennedyJohn Neely KennedyMORE (La.), Mike LeeMichael (Mike) Shumway LeeSchumer ramps up filibuster fight ahead of Jan. 6 anniversary Juan Williams: The GOP is an anti-America party Manchin faces pressure from Gillibrand, other colleagues on paid family leave MORE (Utah) and Rand PaulRandal (Rand) Howard PaulRand Paul cancels DirecTV subscription after it drops OAN Trump slams Biden, voices unsubstantiated election fraud claims at first rally of 2022 Overnight Energy & Environment — Lummis holds up Biden EPA picks MORE (Ky.). 

No senator spoke against the defense bill before the Senate voted to override the president's veto, though a handful spoke briefly in favor of it. The seven Republicans who voted "no" were the same Republicans who voted against the final NDAA last month, meaning Trump didn't pick up any GOP support to try to prevent the override after vetoing the bill. 

Some Republican senators did flip their vote to support Trump's veto after they had initially supported the defense bill’s passage over the summer.

Cruz, Cotton and Hawley each initially voted for the Senate's bill in July but flipped and opposed the final version, which is worked out as a compromise between the House and Senate. 

"As this massive bill was written and then rushed to a vote, some seem to have forgotten to consult with the commander in chief or recall that he has a veto power,” Cotton said during a Senate floor speech last month explaining his decision to oppose the final bill. 

Sen. Lindsey GrahamLindsey Olin GrahamKyrsten Sinema's courage, Washington hypocrisy and the politics of rage Hillicon Valley: Amazon's Alabama union fight — take two McConnell will run for another term as leader despite Trump's attacks MORE (R-S.C.), who supported the NDAA in both July and December, had indicated that he would oppose overriding Trump's veto but didn't vote on Friday. GOP Sens. Kelly LoefflerKelly LoefflerEleven interesting races to watch in 2022 Democrats' selective hearing on law and order issues puts everyone at risk Pelosi faces pushback over stock trade defense MORE (Ga.) and David PerdueDavid PerdueAbrams treads carefully in relationship with Biden Stacey Abrams's shocking snub of Biden, Harris signals possible 2024 aspirations Kemp pads out campaign war chest ahead of tough reelection bid MORE (Ga.), who face runoff elections on Tuesday, also didn't vote, though Perdue is in quarantine after coming in contact with an individual who tested positive for the coronavirus. 

Several GOP senators told The Hill that they had not heard from Trump or the White House in the days leading up to Friday’s vote trying to sway them to vote against the override.


“I think it was more about making a statement than anything else,” said Sen. John CornynJohn CornynAll hostages free, safe after hours-long standoff at Texas synagogue: governor McConnell will run for another term as leader despite Trump's attacks Republicans threaten floor takeover if Democrats weaken filibuster  MORE (R-Texas.).

Sen. John ThuneJohn Randolph ThuneSinema scuttles hopes for filibuster reform How a nice-guy South Dakota senator fell into a Trump storm Democrats: Don't reject GOP offer to fix electoral count law MORE (S.D.), the No. 2 Senate Republican, said he had not heard from the White House about trying to get him to change his vote and he didn’t know of any other Senate Republicans who had heard from the administration either.

Sen. Kevin CramerKevin John CramerSenators to meet with Ukraine president to reaffirm US support How a nice-guy South Dakota senator fell into a Trump storm Senate Minority Whip Thune, close McConnell ally, to run for reelection MORE (R-N.D.), who is close to Trump, said he has "never been lobbied" by the White House or Trump on the defense bill. 

"My observation and my theory on this is — I actually think this is one situation where the president was able to have it both ways. He could make his point and know that the military would still get its authorization," Cramer said. 

In the House, the veto split GOP leadership, with Rep. Liz CheneyElizabeth (Liz) Lynn CheneyThe Hill's Morning Report - Presented by Facebook - Democrats see victory in a voting rights defeat Left laughs off floated changes to 2024 ticket The Memo: 2024 chatter reveals Democratic nervousness MORE (Wyo.), the No. 3 House Republican and highest-ranking GOP woman, voting to override and House Minority Leader Kevin McCarthyKevin McCarthyThe Hill's Morning Report - Presented by Facebook - Democrats see victory in a voting rights defeat Former acting Defense secretary under Trump met with Jan. 6 committee: report GOP's McCarthy has little incentive to work with Jan. 6 panel MORE (R-Calif.) sticking with Trump. 

But in many ways the veto override was pre-baked.  


House Democratic leadership had signaled for weeks that they expected to override Trump’s veto, marking the first time either chamber had a successful override vote. Before the NDAA fight Trump had issued eight vetoes, none of which had been successfully challenged by the House or Senate. 

And McConnell took much of the drama out of the Senate action when he signaled earlier this week that he believed he had the votes to override Trump’s veto. 

"For the brave men and women of the United States armed forces, failure is simply not an option. So when it's our time in Congress to have their backs, failure is not an option either," McConnell said. "I would urge my Republican colleagues to support this legislation one more time when we vote."

Including Friday, Congress has overridden 112 vetoes throughout U.S. history. The last time a president’s veto was overridden was in September 2016 when then-President Obama opposed a bill allowing families of 9/11 victims to sue Saudi Arabia.

Trump is the first president to get a veto overridden during his first four years since President Clinton.

—Updated at 3:12 p.m.