[Congressional Record Volume 141, Number 153 (Thursday, September 28, 1995)]
[House]
[Page H9597]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SPIRIT AND LETTER OF LAW SHOULD BE OBSERVED
(Mr. JOHNSTON of Florida asked and was given permission to address
the House for 1 minute and to revise and extend his remarks.)
Mr. JOHNSTON of Florida. Mr. Speaker, in an article in the Hartford
Current dated September 27 of this year, the chair of the Committee on
Standards of Official Conduct reflected on the committee's inquiry into
the complaint against Speaker Newt Gingrich. I quote, ``The letter of
the law is not compelling to me,'' she said, ``I will work with our
rules. Our rules have a certain degree of flexibility. My goal is to
have a process that the committee members feel good about.''
Mr. Speaker, the work of the Committee on Standards of Official
Conduct is not about Members feeling good about themselves. If both the
spirit and the letter of the law are not compelling and relevant to
each and every inquiry undertaken by this important committee, then we
have lost sight of the purposes of its function.
{time} 1030
Mr. EHLERS. Point of order.
Mr. JOHNSTON of Florida. The inquiry into the Speaker's actions and
the issue of whether to hire outside counsel are critically important
to this institution.
The SPEAKER pro tempore (Mr. Hefley). Will the gentleman suspend.
point of order
Mr. EHLERS. Mr. Speaker, I rise to make a point of order.
The SPEAKER pro tempore. The gentleman from Michigan [Mr. Ehlers]
will state his point of order.
Mr. EHLERS. Mr. Speaker, the gentleman is addressing a matter
currently under consideration by the Committee on Standards of Official
Conduct, and under House rules that is not permitted.
Mr. DOGGETT. Mr. Speaker, I wish to be heard on the point of order.
Mr. Speaker, on March 8 of this year, Speaker Gingrich himself
announced a new policy concerning speech on the House floor. Let me
quote directly, for your consideration in making this ruling, his
comments on March 8.
He said, and I quote, ``The fact is, Members of the House are allowed
to say virtually anything on the House floor. It is protected and has
been for 200 years. It is written into the Constitution.''
Mr. Speaker, it would seem to me, in view of the Speaker's own words,
that comments about the Speaker and about ethics on the floor of this
House are certainly within the rules of the House.
The SPEAKER pro tempore. Does the gentleman from Michigan wish to be
heard?
Mr. EHLERS. Mr. Speaker, that point that was just made has been made
a number of times. The point is simply the rules of the House prevent
us from speaking about matters which are under consideration in the
Committee on Standards of Official Conduct, and the speaker was out of
order.
The SPEAKER pro tempore. Does the gentleman from West Virginia [Mr.
Wise] wish to be heard?
Mr. WISE. Mr. Speaker, yes, I wish to comment. As I understood the
remarks of the gentleman from Florida [Mr. Johnston], they were
directed at the Committee on Standards of Official Conduct and the
process it is undertaking. Those remarks also went to a general process
and, as I think he specifically referred to, proceedings affecting any
Member.
Mr. Speaker, certainly I would hope that the general conduct of the
Committee on Standards of Official Conduct would be a proper subject
for discussion here on the House floor.
Mr. JOHNSTON of Florida. Mr. Speaker, if I may further address the
inquiry, I agree with the last speaker. I was inquiring and
investigating the process of the committee itself, and not into the
specific inquiry of the Speaker. I think if the gentleman from Michigan
[Mr. Ehlers] listened closely, the gentleman would see the distinction
of his complaints last week and the freedom of speech.
Mr. DOGGETT. Mr. Speaker, if I might be heard further on the point of
order. In consideration of the rules, particularly as it relates to the
Committee on Standards of Official Conduct, I believe that the rules do
refer to certain proceedings in front of the Committee on Standards of
Official Conduct being secret.
But, Mr. Speaker, when the chairwoman of the Committee on Standards
of Official Conduct comments publicly and repeatedly in the newspapers
on this subject, surely there is an exception within our rules to
permit our Members to comment on the proceedings in front of that
committee when she is, herself, speaking about the Committee on
Standards and Official Conduct and how it is disregarding its own
rules.
Mr. EHLERS. Regular order, Mr. Speaker.
The SPEAKER pro tempore. The Chair is prepared to rule on the point
of order raised by the gentleman from Michigan [Mr. Ehlers]. The Member
is reminded not to refer to matters currently pending before the
Committee on Standards of Official Conduct, and Members should refrain
from references in debate to the official conduct of other Members
where such conduct is not under consideration in the House by way of a
report of the Committee on Standards of Official Conduct or a question
of the privilege of the House.
Mr. JOHNSTON of Florida. Mr. Speaker, their fair adjudication depends
on a serious and faithful reading of the rules and the laws that govern
our conduct. Anything less is totally unacceptable.
parliamentary inquiry
Mr. STUPAK. Mr. Speaker, I have a parliamentary inquiry.
The SPEAKER pro tempore. The gentleman will state it.
Mr. STUPAK. Mr. Speaker, my parliamentary inquiry is this. Your
ruling to the speaker in the well, was your ruling that we cannot speak
or address on this floor matters pending before the Committee on
Standards of Official Conduct, or are we allowed to speak about the
ethics process, which is published in the ethics rules that we all
receive and is a public document?
Mr. Speaker, are you ruling that we cannot even speak about the
process, if we disagree that the process is not being properly followed
out? We are now gagged and cannot talk even about the process?
The SPEAKER pro tempore. The Chair's ruling speaks for itself. Let me
repeat that ruling. Members are reminded not to refer to matters
currently pending before the Committee on Standards of Official
Conduct.
Mr. STUPAK. Mr. Speaker, further parliamentary inquiry. So we can
speak about the process? Is that your ruling? It is OK to speak about
the process of the Committee on Standards of Official Conduct?
The SPEAKER pro tempore. Members can speak about the process, but
should refrain from speaking about matters that are pending before the
committee.
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