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ABC News
ABC News
World
By Peter Marsh and Emily Olson

Trump could tweet his State of the Union address if he wants (and it'd be within the rules)

US President Donald Trump is scheduled to give his second State of the Union address next week.

But with the US deadlocked in its longest-ever government shutdown, there are big questions over if, and how, the annual speech will happen.

And with traditions informing how modern State of the Union's happen more than the rule of law, Mr Trump has plenty of options to still deliver his address.

One of them could be his favourite social media of choice — Twitter.

What is the State of the Union again?

The State of the Union (SOTU) is an annual message the president delivers to Congress, but also more broadly to the American public.

It's actually one of the responsibilities the US Constitution says the President must fulfil.

Article II, Section 3 states:

"He shall from time to time give to the Congress Information of the State of the Union, and recommend to their Consideration such Measures as he shall judge necessary and expedient"

It's a big deal. Everyone who is anyone in Washington DC is involved, and it's a rare occasion when both houses of Congress, the President and the Supreme Court Justices are all in the same room.

That room is the House of Representatives, which at the moment is under the control of Nancy Pelosi.

It's typically delivered towards the end of January or in early February, and in modern times has given the President a chance to tout their achievements, and attempt to set an agenda for the year ahead.

With the longest government shutdown in US history in effect though, this isn't a typical year, and anything could happen.

Things are complicated right now

The 2019 SOTU is still scheduled for the evening of January 29, local time (January 30 AEDT).

But earlier this month, Ms Pelosi sent a letter to the White House, suggesting the SOTU should be postponed or delivered in writing due to "security concerns" related to low staffing during the government shutdown.

Mr Trump hasn't backed down, responding to Ms Pelosi's letter with his own snub.

US media outlets are reporting that the White House is preparing two versions of his speech.

One would be given in the House — the SOTU's normal venue. Given the extent of Mr Trump's tensions with Ms Pelosi that's looking unlikely.

The other version of the speech would be delivered somewhere else. White House officials say Mr Trump is considering moving the SOTU outside of Washington DC.

As the shutdown stretches into day 33, the clock is ticking on reaching a compromise.

Trump wants to deliver it somewhere else. Can he do that?

Yep.

Remember that section of the Constitution from earlier? It's the only official rule about the State of the Union, and it's pretty open to interpretation.

Up until 1913, all State of the Union messages had been delivered in writing. And it wasn't until 1933 that they became an annual open-to-the-public tradition.

It's an extreme example to be sure, but that open-to-interpretation section means Mr Trump could tweet his address this year, as long as it gave information to Congress about the "State of the Union".

In case you were wondering, Mr Trump would have needed 109 280-character tweets if he tweeted his 2018 SOTU.

Mr Trump also wouldn't be breaking any rules if he skips the televised speech and decides to deliver Congress a written message instead (in fact Ms Pelosi suggested he do just that).

That's unlikely for a President who enjoys being in the spotlight.

If he wants to hold it elsewhere, Ms Pelosi's concerns about the security that normally surrounds the SOTU address do have some validity.

With all major US political players in the same room, the threat of a terrorist attack is taken very seriously.

They even have to choose a "designated survivor," usually a low-level cabinet member who sits in a bunker elsewhere, ready to step up and lead the country if all the politicians perish simultaneously.

The secret service — which is among the departments working without pay during the shutdown — says it'll be prepared for any SOTU scenario.

For Mr Trump to formally deliver the speech from the House dais, both chambers of congress have to approve a resolution to call a special joint session of congress.

This hasn't happened yet.

But Mr Trump has already requested the TV news networks carry the speech. He could take his spotlight anywhere — the Oval Office, a state legislative chamber or a stadium-sized rally.

Here's what might happen

There are lots of possibilities in the air right now (and only seven days before Mr Trump is scheduled to deliver the speech).

They include:

  • Mr Trump delivers the speech on January 29 in the Oval Office
  • Mr Trump delivers the speech on January 29 somewhere else
  • The speech is delayed to another date as Speaker Pelosi has requested
  • Mr Trump delivers a written State of the Union instead

And yep, there's even a chance the government shutdown will end and things will go ahead on January 29 in front of both houses of Congress like normal.

The Senate has scheduled votes on two competing proposals on Thursday local time that would do just that. It's unlikely either will pass, but not impossible.

When will we know what's happening?

Your guess is as good as ours.

There are plenty of options on the table but importantly, for now, the SOTU is still on.

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