[Congressional Record Volume 149, Number 85 (Wednesday, June 11, 2003)]
[House]
[Page H5252]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




     TEXAS LEGISLATIVE CONTROVERSY AND POSSIBLE FEDERAL INVOLVEMENT

  The SPEAKER pro tempore. Under a previous order of the House, the 
gentleman from Texas (Mr. Sandlin) is recognized for 5 minutes.
  Mr. SANDLIN. Mr. Speaker, we are calling today on Secretary Ridge to 
uncover the cover-up. What have you got to hide?
  On May 11, 2003, Mr. Speaker, a number of Democratic members of the 
Texas House of Representatives absented themselves from the floor of 
the State House in Austin, Texas, in a proper procedural move to defeat 
a quorum in that body. Subsequently, on that same date, the Speaker of 
the Texas House of Representatives, Tom Craddick, ordered the Texas 
Department of Public Safety, the troopers, to locate the absent 
legislators and return them to the capitol. The DPS thereupon took 
steps to locate the lawmakers and contacted the U.S. Department of 
Homeland Security, charged with defeating terrorism, and asked for 
Federal assistance. They have now had to admit and acknowledge that 
they contacted the Air and Marine Interdiction Coordination Center, a 
department within DHS, seeking information; and they acknowledge they 
used Federal resources to respond to this request in spite of the fact 
that it is a State political matter. In fact, in violation of the law, 
a criminal tracking system was used. The Department of Homeland 
Security has now admitted that the department has in its possession 
certain audiotapes, transcripts, and other documents concerning its 
contacts with Texas DPS officials. In spite of this admission, the 
department has failed and refused and still fails and refuses to 
release this information.
  Disturbingly, Mr. Speaker, now the Secretary of Homeland Defense has 
admitted that there is an ongoing criminal investigation into this 
matter. But it only gets worse. Now we learn the FBI has been involved. 
Initially the FBI denied involvement. Now they have admitted otherwise. 
On May 13, the Houston Chronicle reported, ``Spokesmen for the Justice 
Department and the FBI indicated those agencies likely would have no 
reason to assist the State officers in apprehending the Democrats.'' On 
that same date, ``A Justice spokesman said Tuesday he knew of no role 
for the department.'' Later on that date, ``FBI spokesman Bill Carter 
said he was unaware of any request for that agency to assist. `I don't 
know of any authority that would allow us to even contemplate getting 
involved.' ''
  But, Mr. Speaker, the story begins to change. A couple of days later, 
on June 5, the FBI denied participation but they did not know what was 
about to come out, because State Representative Juan Manuel Escobar 
reported he got a cellular phone call from Corpus Christi-based FBI 
Special Agent David Troutman asking whether State Representative Gabi 
Canales was with him.
  ``The FBI was conducting no surveillance at all,'' said Special Agent 
Bob Doguim. But listen. He said, ``I'm not saying no call took place.'' 
Later they said, ``An FBI spokesman said agency action was nothing 
really uncommon.'' Dallas Morning News, June 6.
  Yesterday, Mr. Speaker, we learned that phone records for Deputy 
Attorney General Jay Kimbrough show a 5 minute 16 second phone call at 
4:24 p.m. May 12 to an Ardmore, Oklahoma, FBI office. That is after 
State officials learned that the Federal Aviation Administration had 
tracked the plane of one of the missing lawmakers. A half hour later 
the records show a return phone call, 2 minutes 16 seconds, from the 
FBI office to Mr. Kimbrough. Mr. Kimbrough is head of Homeland Security 
in Texas. After the FBI saying they had nothing to do with it, now we 
have got the phone records. Now we are getting to the truth.
  Additionally, at the State level, on May 14, the Texas DPS ordered 
the destruction of all notes, photos, correspondence and other records 
relating to the members of the House of Representatives and the order 
specifically contained the words ``retain no copies.''
  In brief, it is our position that any effort to use Federal law 
enforcement or Homeland Security resources to participate in a State 
political matter is improper and illegal. Further, the destruction of 
records by DPS, which limits the ability to determine the extent of 
Federal involvement, coupled with the refusal by the Department of 
Homeland Security and Tom Ridge to produce its records, are matters of 
great concern.
  Mr. Ridge, stop the cover-up. Release the information. We want full 
and complete audiotapes of all conversation, full and complete copies 
of all communications, tapes, videotapes, recordings, letters, notes, 
documents, schedules, summaries, indices, written records of every 
sort, full and complete copies of all communications, full and complete 
original files, full and complete records of telephone calls and 
contacts, full and complete records of any and all persons, Federal 
officials, State officials, law enforcement personnel, agencies or 
entities that have contacted or been contacted by Homeland Security.
  Mr. Ridge should be advised further that the U.S. Congress may 
request the production of additional information as a result of his 
testimony. We will expect him to acknowledge under oath that no records 
have been altered, deleted, destroyed, redacted or otherwise withheld 
in whole or in part. It is critical that we request a subpoena and a 
subpoena duces tecum be issued forthwith and this information be 
brought before the United States Congress.
  The Department of Public Safety destroyed records. Homeland Security 
has admitted to possessing and withholding audiotapes and other 
information. They have now admitted that a criminal investigation is 
ongoing. The FBI claimed to be not involved in any way. Now we learn of 
telephone calls to and from the FBI.
  Mr. Speaker, is this just what we might call another third-rate 
burglary? Mr. Ridge, stop the cover-up. Release the information. Come 
clean with the United States Congress and the American public.

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