At Dorf on Law, Michael Dorf: Separation of Powers Does Not (Necessarily) Immunize the Veto Power — Wherein I Respond to Eugene Volokh's Reply to My Analysis of the Rick Perry Indictment.
Professor Volokh's post is noted here (the question being whether the legislature can ever criminlaize the use of a veto).
Professor Dorf poses this hypothetical, which seems like a good one:
Imagine a scenario … [in which] U.S. intelligence learns of a foreign terrorist plot that would exploit a key vulnerability in domestic defenses; Congress acts swiftly to pass a bill appropriating funds for an emergency fix; but the President, secretly acting on behalf of the terrorists, allows the bill to sit on his desk for nine days, and then vetoes it, during which time the devastating terrorist attack occurs. Isn't this a pretty clear case of Presidential treason via the veto power?
But I say no.
Posted at 6:05 AM