[Congressional Record Volume 151, Number 144 (Thursday, November 3, 2005)]
[House]
[Pages H9566-H9568]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                  QUESTION OF PRIVILEGES OF THE HOUSE

  Ms. PELOSI. Mr. Speaker, because the Republican-led Congress has not 
conducted any investigations of abuses by the Republican 
administration's decision to go to war in Iraq, and because the over 
2,000 American soldiers have lost their lives and more than 15,000 have 
been wounded, therefore, pursuant to rule IX, I rise in regard to a 
question of privileges of the House, and I offer a privileged 
resolution.
  The SPEAKER pro tempore. The Clerk will report the resolution. The 
Clerk read the resolution, as follows:

                     Privileged Resolution on Iraq

       Whereas the war in Iraq has resulted in the loss of over 
     2,000 American lives and more than 15,000 wounded soldiers, 
     and has cost the American people $190 billion dollars;
       Whereas the basis for going to war was Iraq's alleged 
     possession of weapons of mass destruction (WMD) and the 
     President made a series of misleading statements regarding 
     threats posed by Iraq, but no weapons of mass destruction 
     have been found;
       Whereas the Republican Leadership and Committee Chairmen 
     have repeatedly denied requests by Democratic Members to 
     complete an investigation of pre-war intelligence on Iraq and 
     have ignored the question of whether that intelligence was 
     manipulated for political purposes;
       Whereas the Vice President's Chief of Staff Lewis Libby has 
     been indicted on five counts of perjury, obstruction of 
     justice, and making false statements in connection with the 
     disclosure of the identity of a CIA operative, and that 
     disclosure was part of a pattern of Administration efforts to 
     discredit critics of the Iraq war;
       Whereas four separate requests to hold hearings on the 
     disclosure of the CIA operative were denied in the Government 
     Reform Committee, and Resolutions of Inquiry were rejected in 
     the Intelligence, Judiciary, Armed Services, and 
     International Relations Committees;
       Whereas the American people have spent $20.9 billion 
     dollars to rebuild Iraq with much of the money squandered on 
     no-bid contracts for Halliburton and other favored 
     contractors;
       Whereas Halliburton received a sole-source contract worth 
     $7 billion to implement the restoration of Iraq's oil 
     infrastructure, and a senior Army Corps of Engineers official 
     wrote that the sole-source contract was ``coordinated with 
     the Vice President's office'';
       Whereas despite these revelations, on July 22, 2004 the 
     Republican controlled Government Reform Committee voted to 
     reject a subpoena by Democratic Members appropriately seeking 
     information on communications of the Vice President's office 
     on awarding contracts to Halliburton;
       Whereas prisoner abuses at Abu Ghraib prison in Iraq, 
     Guantanamo, and Afghanistan have seriously damaged the 
     reputation of the United States, and increased the danger to 
     U.S. personnel serving in Iraq and abroad;
       Whereas the Republican Leadership and Committee Chairmen 
     have denied requests for hearings, defeated resolutions of 
     inquiry for information, and failed to aggressively pursue 
     serious allegations, including how far up the chain of 
     command the responsibility lies for the treatment of 
     detainees;
       Whereas the oversight of decisions and actions of other 
     branches of government is an established and fundamental 
     responsibility of Congress;
       Whereas the Republican Leadership and the Chairmen of the 
     committees of jurisdiction have failed to undertake 
     meaningful, substantive investigations of any of the abuses 
     pertaining to the Iraq war, including the manipulation of 
     pre-war intelligence, the public release of a covert 
     operative's name, the role of the Vice President in Iraqi 
     reconstruction, and the Abu Ghraib prisoner abuse scandal: 
     Therefore be it
       Resolved, That the House calls upon the Republican 
     Leadership and Chairmen of the committees of jurisdiction to 
     comply with their oversight responsibilities, demands they 
     conduct a thorough investigation of abuses relating to the 
     Iraq War, and condemns their refusal to conduct oversight of 
     an Executive Branch controlled by the same party, which is in 
     contradiction to the established rules of standing committees 
     and Congressional precedent.

  The SPEAKER pro tempore. Does the minority leader wish to offer 
argument on the parliamentary question whether the resolution presents 
a question of the privileges of the House?
  Ms. PELOSI. Yes, I do, Mr. Speaker.
  The SPEAKER pro tempore. The gentlewoman from California (Ms. Pelosi) 
is recognized.
  Ms. PELOSI. Mr. Speaker, I do not hear an objection to my motion.
  The SPEAKER pro tempore. The gentlewoman is recognized to offer 
argument on whether the resolution is privileged.
  Ms. PELOSI. Mr. Speaker, I will reiterate some of what I said in the 
motion to instruct.
  For the past 2\1/2\ years since our country has gone to war, we have 
paid a big price for a bad policy based on faulty intelligence which 
was wrong, based on a false premise without proper planning and putting 
our young people at risk. In that period of time, that 2\1/2\ years, 
over 2,000 Americans have lost their lives. Every single one of them is 
precious to us, but, as the toll mounts, the grief does as well. Over 
15,000 of our young people have lost their limbs, 15,000 have been 
injured, many of them permanently, many with loss of limb and sight, at 
a cost of over $250 billion, a quarter of a trillion dollars, to the 
taxpayer and just endless cost to our reputation in the world.
  I think it begs the question, are we safer in America because of this 
war? What is this war doing to the preparedness of our troops? I think 
that the answer to both of those is negative, and I think it calls for 
an examination of what the intelligence was to get us there in the 
first place. Was it manipulated? Why was there no plan for us to go 
into Iraq, a post-war plan for after the fall of Iraq, as well as an 
exit strategy?
  The American people love freedom for ourselves and for people 
throughout the world, but we have to examine what the cost of this war 
is and why even the Republican Department of Defense has said----
  Mr. YOUNG of Alaska. Mr. Speaker, regular order.
  The SPEAKER pro tempore. The Chair must ask the distinguished 
minority leader to confine her comments to the rule IX question.
  Ms. PELOSI. Mr. Speaker, I thought there was no objection and that we 
were just speaking on the resolution. Is that a mistake? My impression 
from what you said when you yielded to me was that there was no 
objection, and did I wish to speak on the motion.
  The SPEAKER pro tempore. The minority leader was recognized on the 
question of whether or not her resolution presents a question of the 
privileges of the House.
  Ms. PELOSI. Mr. Speaker, then I will just conclude by saying, can the 
Chair please explain why it is not in order to discuss on the floor of 
this House, of this great democratic institution, a situation where our 
young people are in harm's way, the death toll mounts, the injuries 
mount, the cost to the taxpayer mounts, the cost to our reputation 
mounts, and we have a cover-up Congress that will not investigate, will 
not ask any questions about the intelligence which was wrong, which got 
us into war in the first place and the lack of a plan providing for our 
troops, what they need to serve and to come home safely and soon? Why 
is that not in order on the floor of the House?
  The SPEAKER pro tempore. The question is not whether such a debate is 
in order but whether the resolution is a question of privilege.
  Under rule IX, questions of the privileges of the House are those 
``affecting the rights of the House collectively, its safety, its 
dignity [or] the integrity of its proceedings.'' A question of the 
privileges of the House may not be invoked to effect an interpretation 
of the

[[Page H9567]]

rules of the House, or to prescribe an order of business for the House, 
or to establish a norm for the conduct of business by the House or its 
committees.
  In some circumstances, the manner in which business is conducted 
might properly be arraigned by a question of the privileges of the 
House. But the Chair must maintain a distinction between, for example, 
an allegation of willful malfeasance by a Member, officer, employee, or 
committee of the House, on one hand, and an allegation that a Member, 
officer, employee, or committee of the House failed to follow a course 
of action that the proponent of the resolution or others consider 
advisable.
  As Speaker pro tempore Cox noted in the decision of September 20, 
1888 (which is recorded in Hinds' Precedents at volume 3, section 
2601), there need be an allegation of, at least, impropriety.

                              {time}  1130

  The Chair must hold that the resolution offered by the distinguished 
minority leader does not affect the rights of the House collectively, 
its safety, its dignity, or the integrity of its proceedings within the 
meaning of rule IX. As such, the resolution does not constitute a 
question of privilege.
  Mr. OBEY. Mr. Speaker, I must confess I am confused about where we 
are at this point. I thought I heard the Speaker----
  The SPEAKER pro tempore (Mr. Gingrey). The gentleman is not 
recognized for debate.
  Ms. PELOSI. Mr. Speaker, is it not appropriate for a Member to speak 
on a point of order? Is it not appropriate for the gentleman from 
Wisconsin to be able to speak on a point of order that was lodged by 
the other side?
  The SPEAKER pro tempore. The Chair has ruled. The question of order 
has already been disposed of.


                         Parliamentary Inquiry

  Mr. OBEY. Mr. Speaker, parliamentary inquiry.
  The SPEAKER pro tempore. The gentleman may state his inquiry.
  Mr. OBEY. Mr. Speaker, I thought I just heard you indicate that for 
the motion to be in order one of the questions that might have to be 
present was the question of the dignity of the House. When we are told 
that $100 million of taxpayers' money has been slipped into an 
appropriation bill for an illegal purpose, is that not, in fact, a 
challenge to the dignity of the House?
  The SPEAKER pro tempore. That is not an appropriate parliamentary 
inquiry at this stage.
  Ms. PELOSI. Mr. Speaker, I think it brings shame to the House for 
this Congress to be engaged in a cover-up when it comes to reviewing 
what is happening in Iraq, and I appeal the ruling of the Chair.
  The SPEAKER pro tempore. The question is, shall the decision of the 
Chair stand as the judgment of the House.


                  Motion to Table Offered by Mr. Walsh

  Mr. WALSH. Mr. Speaker, I move to lay the appeal on the table.
  The SPEAKER pro tempore. The question is on the motion that the 
appeal be laid on the table.
  The question was taken; and the Speaker pro tempore announced that 
the ayes appeared to have it.
  Ms. PELOSI. Mr. Speaker, on that I demand the yeas and nays.
  The yeas and nays were ordered.
  The SPEAKER pro tempore. Pursuant to clause 8 of rule XX, this 15-
minute vote on the motion to table will be followed by a 5-minute vote 
on adoption of House Resolution 527.
  The vote was taken by electronic device, and there were--yeas 220, 
nays 191, not voting 22, as follows:

                             [Roll No. 562]

                               YEAS--220

     Aderholt
     Akin
     Alexander
     Bachus
     Baker
     Barrett (SC)
     Bartlett (MD)
     Barton (TX)
     Bass
     Beauprez
     Biggert
     Bilirakis
     Blackburn
     Blunt
     Boehlert
     Boehner
     Bonilla
     Bonner
     Bono
     Boozman
     Boustany
     Bradley (NH)
     Brady (TX)
     Brown (SC)
     Burgess
     Burton (IN)
     Buyer
     Calvert
     Camp
     Cannon
     Cantor
     Capito
     Carter
     Castle
     Chocola
     Coble
     Cole (OK)
     Conaway
     Crenshaw
     Cubin
     Culberson
     Cunningham
     Davis (KY)
     Davis, Jo Ann
     Davis, Tom
     Deal (GA)
     DeLay
     Dent
     Diaz-Balart, L.
     Diaz-Balart, M.
     Doolittle
     Drake
     Dreier
     Duncan
     Ehlers
     Emerson
     English (PA)
     Everett
     Feeney
     Ferguson
     Fitzpatrick (PA)
     Flake
     Foley
     Forbes
     Fortenberry
     Fossella
     Foxx
     Franks (AZ)
     Frelinghuysen
     Gallegly
     Garrett (NJ)
     Gerlach
     Gibbons
     Gilchrest
     Gillmor
     Gingrey
     Gohmert
     Goode
     Goodlatte
     Granger
     Graves
     Green (WI)
     Gutknecht
     Harris
     Hart
     Hastings (WA)
     Hayes
     Hayworth
     Hefley
     Hensarling
     Herger
     Hobson
     Hoekstra
     Hostettler
     Hulshof
     Hunter
     Hyde
     Inglis (SC)
     Issa
     Jenkins
     Jindal
     Johnson (CT)
     Johnson (IL)
     Johnson, Sam
     Jones (NC)
     Keller
     Kelly
     Kennedy (MN)
     King (IA)
     Kingston
     Kirk
     Kline
     Knollenberg
     Kolbe
     Kuhl (NY)
     LaHood
     Latham
     LaTourette
     Leach
     Lewis (CA)
     Lewis (KY)
     Linder
     LoBiondo
     Lucas
     Lungren, Daniel E.
     Mack
     Manzullo
     Marchant
     Marshall
     McCaul (TX)
     McCotter
     McCrery
     McHenry
     McHugh
     McKeon
     Mica
     Miller (FL)
     Miller (MI)
     Miller, Gary
     Moran (KS)
     Murphy
     Musgrave
     Myrick
     Neugebauer
     Ney
     Northup
     Nunes
     Nussle
     Osborne
     Otter
     Oxley
     Paul
     Pearce
     Pence
     Peterson (PA)
     Petri
     Pickering
     Pitts
     Platts
     Poe
     Porter
     Price (GA)
     Pryce (OH)
     Putnam
     Radanovich
     Ramstad
     Regula
     Rehberg
     Reichert
     Renzi
     Reynolds
     Rogers (AL)
     Rogers (KY)
     Rogers (MI)
     Rohrabacher
     Ros-Lehtinen
     Royce
     Ryan (WI)
     Ryun (KS)
     Saxton
     Schmidt
     Schwarz (MI)
     Sensenbrenner
     Sessions
     Shadegg
     Shaw
     Shays
     Sherwood
     Shimkus
     Shuster
     Simmons
     Simpson
     Smith (NJ)
     Smith (TX)
     Sodrel
     Souder
     Stearns
     Sullivan
     Sweeney
     Tancredo
     Taylor (NC)
     Terry
     Thomas
     Thornberry
     Tiberi
     Turner
     Upton
     Walden (OR)
     Walsh
     Wamp
     Weldon (FL)
     Weller
     Westmoreland
     Whitfield
     Wicker
     Wilson (NM)
     Wilson (SC)
     Wolf
     Young (AK)
     Young (FL)

                               NAYS--191

     Abercrombie
     Ackerman
     Allen
     Andrews
     Baca
     Baird
     Baldwin
     Barrow
     Bean
     Becerra
     Berkley
     Berman
     Berry
     Bishop (GA)
     Bishop (NY)
     Blumenauer
     Boren
     Boucher
     Brown (OH)
     Brown, Corrine
     Capps
     Capuano
     Cardin
     Cardoza
     Carnahan
     Carson
     Case
     Chandler
     Clay
     Cleaver
     Clyburn
     Conyers
     Cooper
     Costa
     Costello
     Cramer
     Crowley
     Cuellar
     Davis (AL)
     Davis (CA)
     Davis (IL)
     Davis (TN)
     DeFazio
     DeGette
     Delahunt
     DeLauro
     Dicks
     Dingell
     Doggett
     Doyle
     Edwards
     Emanuel
     Engel
     Eshoo
     Etheridge
     Evans
     Farr
     Fattah
     Filner
     Ford
     Frank (MA)
     Gonzalez
     Gordon
     Green, Al
     Green, Gene
     Grijalva
     Gutierrez
     Harman
     Herseth
     Higgins
     Hinchey
     Hinojosa
     Holden
     Holt
     Honda
     Hooley
     Hoyer
     Inslee
     Israel
     Jackson (IL)
     Jackson-Lee (TX)
     Jefferson
     Johnson, E. B.
     Jones (OH)
     Kanjorski
     Kaptur
     Kennedy (RI)
     Kildee
     Kilpatrick (MI)
     Kind
     Kucinich
     Langevin
     Lantos
     Larsen (WA)
     Larson (CT)
     Lee
     Levin
     Lewis (GA)
     Lipinski
     Lofgren, Zoe
     Lowey
     Lynch
     Maloney
     Markey
     Matheson
     Matsui
     McCarthy
     McCollum (MN)
     McDermott
     McGovern
     McIntyre
     McKinney
     McNulty
     Meehan
     Meek (FL)
     Meeks (NY)
     Melancon
     Menendez
     Michaud
     Millender-McDonald
     Miller (NC)
     Miller, George
     Mollohan
     Moore (KS)
     Moore (WI)
     Moran (VA)
     Murtha
     Nadler
     Napolitano
     Neal (MA)
     Oberstar
     Obey
     Olver
     Ortiz
     Owens
     Pallone
     Pascrell
     Pastor
     Payne
     Pelosi
     Peterson (MN)
     Pomeroy
     Price (NC)
     Rahall
     Rangel
     Reyes
     Ross
     Rothman
     Ruppersberger
     Rush
     Ryan (OH)
     Sabo
     Salazar
     Sanchez, Linda T.
     Sanchez, Loretta
     Sanders
     Schakowsky
     Schwartz (PA)
     Scott (GA)
     Scott (VA)
     Sherman
     Skelton
     Slaughter
     Smith (WA)
     Snyder
     Solis
     Spratt
     Stark
     Strickland
     Stupak
     Tanner
     Tauscher
     Taylor (MS)
     Thompson (CA)
     Thompson (MS)
     Tierney
     Udall (CO)
     Udall (NM)
     Van Hollen
     Velazquez
     Visclosky
     Wasserman Schultz
     Waters
     Watson
     Watt
     Waxman
     Weiner
     Wexler
     Woolsey
     Wu
     Wynn

                             NOT VOTING--22

     Bishop (UT)
     Boswell
     Boyd
     Brady (PA)
     Brown-Waite, Ginny
     Butterfield
     Chabot
     Cummings
     Davis (FL)
     Hall
     Hastings (FL)
     Istook
     King (NY)
     McMorris
     Norwood
     Pombo
     Roybal-Allard
     Schiff
     Serrano
     Tiahrt
     Towns
     Weldon (PA)

                              {time}  1158

  Mr. HIGGINS, Ms. ESHOO, Mr. DAVIS of Tennessee, Ms. WASSERMAN 
SCHULTZ, Messrs. GORDON, GENE GREEN of Texas, ABERCROMBIE, PASTOR, and 
RUSH changed their vote from ``yea'' to ``nay.''


 =========================== NOTE =========================== 

  
  November 3, 2005--On Page H 9567 the following appeared: .GENE 
GREEN of Texas, ABERCROMBIE, PASTOR, HIGGINS, and RUSH changed 
their.
  
  The online version should be corrected to read: .GENE GREEN of 
Texas, ABERCROMBIE, PASTOR, and RUSH changed their.


 ========================= END NOTE ========================= 

  Messrs. McHENRY, PENCE, SOUDER, and Mrs. BLACKBURN changed their vote 
from ``nay'' to ``yea.''
  So the motion to table was agreed to.

[[Page H9568]]

  The result of the vote was announced as above recorded.
  A motion to reconsider was laid on the table.

                          ____________________