Trump Follows Through on Threat to Veto Defense Bill, Citing Failure to Repeal Landmark Internet Law

December 23, 2020 — President Donald Trump on Wednesday followed through on his threat to veto the annual defense appropriations bill over the unrelated issue of liability for internet content.

In a statement from Trump to the House of Representatives released today, he wrote, “I am returning, without my approval, H.R. 6395, the National Defense Authorization Act for Fiscal Year 2021,” citing that the Act fails to make meaningful changes to Section 230 of the Communications Decency Act, despite what he said were bipartisan calls to repeal the increasingly unpopular, yet singularly importation, provision regarding third-party liability for internet posts.

In the statement, Trump highlighted what he called “the very dangerous national security risk of Section 230” that “will make our intelligence virtually impossible to conduct without everyone knowing what we are doing at every step.”

Issues of national security have not heretofore featured in discussions of or criticisms about Section 230.

“The Act fails even to make any meaningful changes to Section 230 of the Communications Decency Act, despite bipartisan calls for repealing that provision,” Trump said. “Section 230 facilitates the spread of foreign disinformation online, which is a serious threat to our national security and election integrity. It must be repealed.”

Trump also said that the defense bill “fail[s] to respect our veterans and our military’s history,” and he called the broader NDAA measure “a ‘gift’ to China and Russia.”

“I will not approve this bill, which would put the interests of the Washington, D.C. establishment over those of the American people,” he concluded.

The move by Trump triggers plans for Congress to return from its holiday break to potentially override Trump for the first time in his four-year administration. Earlier this month, the NDAA passed both houses of Congress by veto-proof margins, meaning that any veto by Trump will – unless members of Congress change their minds – likely be overridden.

The Senate approved the measure 84-13, while the House passed the bill by a vote of 335-78.

“Disturbingly, Trump is using his final hours in office to sow chaos, including by denying our service members a long-overdue pay raise and hazard duty pay; our families paid family leave, child care, housing and health protections; and our veterans the benefits that they need and deserve,” wrote House Speaker Nancy Pelosi in a statement.

“Next week, December 28, the House will take up the veto override with bipartisan support,” she wrote.