Congressional Record, Volume 153 Issue 171 (Tuesday, November 6, 2007)

[Congressional Record Volume 153, Number 171 (Tuesday, November 6, 2007)]
[House]
[Pages H12783-H12788]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

QUESTION OF THE PRIVILEGES OF THE HOUSE

Mr. KUCINICH. Mr. Speaker, I call up the question of the privileged
resolution noticed earlier today.
The SPEAKER pro tempore. The Clerk will report the resolution.
The Clerk read as follows:

H. Res. 799

Resolved, That Richard B. Cheney, Vice President of the
United States, is impeached for high crimes and misdemeanors,
and that the following articles of impeachment be exhibited
to the United States Senate:
Articles of impeachment exhibited by the House of
Representatives of the United States of America in the name
of itself and of the people of the United States of America,
against Richard B. Cheney, Vice President of the United
States of America, in maintenance and support of its
impeachment against him for high crimes and misdemeanors.

Article I

[[Page H12784]]

(C) `And he is actively pursuing nuclear weapons at this
time . . .' March 24, 2002, CNN Late Edition interview with
Vice President Cheney.
(D) `We know he's got chemicals and biological and we know
he's working on nuclear.' May 19, 2002, NBC Meet the Press
interview with Vice President Cheney.
(E) `But we now know that Saddam has resumed his efforts to
acquire nuclear weapons . . . Simply stated, there is no
doubt that Saddam Hussein now has weapons of mass
destruction. There is no doubt that he is amassing them to
use against our friends, against our allies, and against us.'
August 26, 2002, Speech of Vice President Cheney at VFW 103rd
National Convention.
(F) `Based on intelligence that's becoming available, some
of it has been made public, more of it hopefully will be,
that he has indeed stepped up his capacity to produce and
deliver biological weapons, that he has reconstituted his
nuclear program to develop a nuclear weapon, that there are
efforts under way inside Iraq to significantly expand his
capability.' September 8, 2002, NBC Meet the Press interview
with Vice President Cheney.
(G) `He is, in fact, actively and aggressively seeking to
acquire nuclear weapons.' September 8, 2002, NBC Meet the
Press interview with Vice President Cheney.
(H) `And we believe he has, in fact, reconstituted nuclear
weapons.' March 16, 2003, NBC Meet the Press interview with
Vice President Cheney.
(2) Preceding the March 2003 invasion of Iraq the Vice
President was fully informed that no legitimate evidence
existed of weapons of mass destruction in Iraq. The Vice
President pressured the intelligence community to change
their findings to enable the deception of the citizens and
Congress of the United States.
(A) Vice President Cheney and his Chief of Staff, Lewis
Libby, made multiple trips to the CIA in 2002 to question
analysts studying Iraq's weapons programs and alleged links
to al Qaeda, creating an environment in which analysts felt
they were being pressured to make their assessments fit with
the Bush administration's policy objectives accounts.
(B) Vice President Cheney sought out unverified and
ultimately inaccurate raw intelligence to prove his
preconceived beliefs. This strategy of cherry picking was
employed to influence the interpretation of the intelligence.
(3) The Vice President's actions corrupted or attempted to
corrupt the 2002 National Intelligence Estimate, an
intelligence document issued on October 1, 2002, and
carefully considered by Congress prior to the October 10,
2002, vote to authorize the use of force. The Vice
President's actions prevented the necessary reconciliation of
facts for the National Intelligence Estimate which resulted
in a high number of dissenting opinions from technical
experts in two Federal agencies.
(A) The State Department's Bureau of Intelligence and
Research dissenting view in the October 2002 National
Intelligence Estimate stated `Lacking persuasive evidence
that Baghdad has launched a coherent effort to reconstitute
it's nuclear weapons program INR is unwilling to speculate
that such an effort began soon after the departure of UN
inspectors or to project a timeline for the completion of
activities it does not now see happening. As a result INR is
unable to predict that Iraq could acquire a nuclear device or
weapon.'.
(B) The State Department's Bureau of Intelligence and
Research dissenting view in the October 2002 National
Intelligence Estimate also stated that `Finally, the claims
of Iraqi pursuit of natural uranium in Africa are, in INR's
assessment, highly dubious.'.
(C) The State Department's Bureau of Intelligence and
Research dissenting view in the October 2002 National
Intelligence Estimate references a Department of Energy
opinion by stating that `INR accepts the judgment of
technical experts at the US Department of Energy (DOE) who
have concluded that the tubes Iraq seeks to acquire are
poorly suited for use in gas centrifuges to be used for
uranium enrichment and finds unpersuasive the arguments
advanced by others to make the case that they are intended
for that purpose.'.
The Vice President subverted the national security
interests of the United States by setting the stage for the
loss of more than 3800 United States servicemembers; the loss
of more than 1 million innocent Iraqi citizens since the
United States invasion; the loss of approximately $500
billion in war costs which has increased our Federal debt;
the loss of military readiness within the United States Armed
Services due to overextension, lack of training and lack of
equipment; the loss of United States credibility in world
affairs; and the decades of likely blowback created by the
invasion of Iraq.
In all of this, Vice President Richard B. Cheney has acted
in a manner contrary to his trust as Vice President, and
subversive of constitutional government, to the prejudice of
the cause of law and justice and the manifest injury of the
people of the United States. Wherefore, Vice President
Richard B. Cheney, by such conduct, is guilty of an
impeachable offense warranting removal from office.

Article II

In his conduct while Vice President of the United States,
Richard B. Cheney, in violation of his constitutional oath to
faithfully execute the office of Vice President of the United
States and, to the best of his ability, preserve, protect,
and defend the Constitution of the United States, and in
violation of his constitutional duty to take care that the
laws be faithfully executed, purposely manipulated the
intelligence process to deceive the citizens and Congress of
the United States about an alleged relationship between Iraq
and al Qaeda in order to justify the use of the United States
Armed Forces against the nation of Iraq in a manner damaging
to our national security interests, to wit:
(1) Despite all evidence to the contrary, the Vice
President actively and systematically sought to deceive the
citizens and the Congress of the United States about an
alleged relationship between Iraq and al Qaeda:
(A) `His regime has had high-level contacts with Al Qaeda
going back a decade and has provided training to Al Qaeda
terrorists.' December 2, 2002, Speech of Vice President
Cheney at the Air National Guard Senior Leadership
Conference.
(B) `His regime aids and protects terrorists, including
members of Al Qaeda. He could decide secretly to provide
weapons of mass destruction to terrorists for use against
us.' January 30, 2003, Speech of Vice President Cheney to
30th Political Action Conference in Arlington, Virginia.
(C) `We know he's out trying once again to produce nuclear
weapons and we know that he has a long-standing relationship
with various terrorist groups, including the Al Qaeda
organization.' March 16, 2003, NBC Meet the Press interview
with Vice President Cheney.
(D) `We learned more and more that there was a relationship
between Iraq and Al Qaeda that stretched back through most of
the decade of the '90s, that it involved training, for
example, on biological weapons and chemical weapons . . .'
September 14, 2003, NBC Meet the Press interview with Vice
President Cheney.
(E) `Al Qaeda had a base of operation there up in
Northeastern Iraq where they ran a large poisons factory for
attacks against Europeans and U.S. forces.' October 3, 2003,
Speech of Vice President Cheney at Bush-Cheney '04 Fundraiser
in Iowa.
(F) `He also had an established relationship with Al Qaeda
providing training to Al Qaeda members in areas of poisons,
gases, and conventional bombs.' October 10, 2003, Speech of
Vice President Cheney to the Heritage Foundation.
(G) `Al Qaeda and the Iraqi intelligence services have
worked together on a number of occasions.' January 9, 2004,
Rocky Mountain News interview with Vice President Cheney.
(H) `I think there's overwhelming evidence that there was a
connection between Al Qaeda and the Iraqi government.'
January 22, 2004, NPR: Morning Edition interview with Vice
President Cheney.
(I) `First of all, on the question of--of whether or not
there was any kind of relationship, there clearly was a
relationship. It's been testified to; the evidence is
overwhelming.' June 17, 2004, CNBC: Capital Report interview
with Vice President Cheney.
(2) Preceding the March 2003 invasion of Iraq the Vice
President was fully informed that no credible evidence
existed of a working relationship between Iraq and al Qaeda,
a fact articulated in several official documents, including:
(A) A classified Presidential Daily Briefing ten days after
the September 11, 2001, attacks indicating that the United
States intelligence community had no evidence linking Saddam
Hussein to the September 11th attacks and that there was
`scant credible evidence that Iraq had any significant
collaborative ties with Al Qaeda'.
(B) Defense Intelligence Terrorism Summary No. 044-02,
issued in February 2002 by the United States Defense
Intelligence Agency, which challenged the credibility of
information gleaned from captured al Qaeda leader al-Libi.
The DIA report also cast significant doubt on the possibility
of a Saddam Hussein-al-Qaeda conspiracy: `Saddam's regime is
intensely secular and is wary of Islamic revolutionary
movements. Moreover, Baghdad is unlikely to provide
assistance to a group it cannot control.'.
(C) A January 2003 British intelligence classified report
on Iraq that concluded that `there are no current links
between the Iraqi regime and the al-Qaeda network'.
The Vice President subverted the national security
interests of the United States by setting the stage for the
loss of more than 3,800 United States service members; the
loss of more than 1 million innocent Iraqi citizens since the
United States invasion; the loss of approximately $500
billion in war costs which has increased our Federal debt;
the loss of military readiness within the United States Armed
Services due to overextension, lack of training and lack of
equipment; the loss of United States credibility in world
affairs; and the decades of likely blowback created by the
invasion of Iraq.
In all of this, Vice President Richard B. Cheney has acted
in a manner contrary to his trust as Vice President, and
subversive of constitutional government, to the prejudice of
the cause of law and justice and the manifest injury of the
people of the United States. Wherefore, Vice President
Richard B. Cheney, by such conduct, is guilty of an
impeachable offense warranting removal from office.

Article III

[[Page H12785]]

his constitutional duty to take care that the laws be
faithfully executed, has openly threatened aggression against
the Republic of Iran absent any real threat to the United
States, and done so with the United States' proven capability
to carry out such threats, thus undermining the national
security of the United States, to wit:
(1) Despite no evidence that Iran has the intention or the
capability of attacking the United States and despite the
turmoil created by United States' invasion of Iraq, the Vice
President has openly threatened aggression against Iran as
evidenced by the following:
(A) `For our part, the United States is keeping all options
on the table in addressing the irresponsible conduct of the
regime. And we join other nations in sending that regime a
clear message: We will not allow Iran to have a nuclear
weapon.' March 7, 2006, Speech of Vice President Cheney to
American Israel Public Affairs Committee 2006 Policy
Conference.
(B) `But we've also made it clear that all options are on
the table.' January 24, 2007, CNN Situation Room interview
with Vice President Cheney.
(C) `When we--as the President did, for example, recently--
deploy another aircraft carrier task force to the Gulf, that
sends a very strong signal to everybody in the region that
the United States is here to stay, that we clearly have
significant capabilities, and that we are working with
friends and allies as well as the international organizations
to deal with the Iranian threat.' January 29, 2007, Newsweek
interview with Vice President Cheney.
(D) `But I've also made the point and the President has
made the point that all options are still on the table.'
February 24, 2007, Vice President Cheney at Press Briefing
with Australian Prime Minister in Sydney, Australia.
(2) The Vice President, who repeatedly and falsely claimed
to have had specific, detailed knowledge of Iraq's alleged
weapons of mass destruction capabilities, is no doubt fully
aware of evidence that demonstrates Iran poses no real threat
to the United States as evidenced by the following:
(A) `I know that what we see in Iran right now is not the
industrial capacity you can [use to develop a] bomb.' Mohamed
ElBaradei, Director General of International Atomic Energy
Agency, February 19, 2007.
(B) Iran indicated its `full readiness and willingness to
negotiate on the modality for the resolution of the
outstanding issues with the IAEA, subject to the assurances
for dealing with the issues in the framework of the Agency,
without the interference of the United Nations Security
Council'. IAEA Board Report, February 22, 2007.
(C) `. . . so whatever they have, what we have seen today,
is not the kind of capacity that would enable them to make
bombs.' Mohamed El Baradei, Director General of International
Atomic Energy Agency, February 19, 2007.
(3) The Vice President is fully aware of the actions taken
by the United States towards Iran that are further
destabilizing the world as evidenced by the following:
(A) The United States has refused to engage in meaningful
diplomatic relations with Iran since 2002, rebuffing both
bilateral and multilateral offers to dialogue.
(B) The United States is currently engaged in a military
buildup in the Middle East that includes the increased
presence of the United States Navy in the waters near Iran,
significant United States Armed Forces in two nations
neighboring to Iran, and the installation of anti-missile
technology in the region.
(C) News accounts have indicated that military planners
have considered the B61-11, a tactical nuclear weapon, as one
of the options to strike underground bunkers in Iran.
(D) The United States has been linked to anti-Iranian
organizations that are attempting to destabilize the Iranian
government, in particular the Mujahideen-e Khalq (MEK), even
though the state department has branded it a terrorist
organization.
(E) News accounts indicate that United States troops have
been ordered into Iran to collect data and establish contact
with anti-government groups.
(4) In the last three years the Vice President has
repeatedly threatened Iran. However, the Vice President is
legally bound by the U.S. Constitution's adherence to
international law that prohibits threats of use of force.
(A) Article VI of the United States Constitution states,
`This Constitution, and the Laws of the United States which
shall be made in Pursuance thereof; and all Treaties made, or
which shall be made, under the Authority of the United
States, shall be the supreme Law of the Land.' Any provision
of an international treaty ratified by the United States
becomes the law of the United States.
(B) The United States is a signatory to the United Nations
Charter, a treaty among the nations of the world. Article II,
Section 4 of the United Nations Charter states, `All Members
shall refrain in their international relations from the
threat or use of force against the territorial integrity or
political independence of any state, or in any other manner
inconsistent with the Purposes of the United Nations.' The
threat of force is illegal.
(C) Article 51 lays out the only exception, `Nothing in the
present Charter shall impair the inherent right of individual
or collective self-defense if an armed attack occurs against
a Member of the United Nations, until the Security Council
has taken measures necessary to maintain international peace
and security.' Iran has not attacked the United States;
therefore any threat against Iran by the United States is
illegal.
The Vice President's deception upon the citizens and
Congress of the United States that enabled the failed United
States invasion of Iraq forcibly altered the rules of
diplomacy such that the Vice President's recent belligerent
actions towards Iran are destabilizing and counterproductive
to the national security of the United States.
In all of this, Vice President Richard B. Cheney has acted
in a manner contrary to his trust as Vice President, and
subversive of constitutional government, to the prejudice of
the cause of law and justice and the manifest injury of the
people of the United States. Wherefore Richard B. Cheney, by
such conduct, warrants impeachment and trial, and removal
from office.

The SPEAKER pro tempore. The resolution presents a question of
privilege.

Motion to Table Offered by Mr. Hoyer

Mr. HOYER. Mr. Speaker, I move that the resolution be laid on the
table.
The SPEAKER pro tempore. The question is on the motion to table.
The question was taken; and the Speaker pro tempore announced that
the ayes appeared to have it.
Mr. KUCINICH. 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 5-minute votes
on motions to suspend the rules with regard to H. Con. Res. 162, by the
yeas and nays; H.R. 3997, by the yeas and nays; and H.R. 3495, by the
yeas and nays.
The vote was taken by electronic device, and there were--yeas 162,
nays 251, not voting 19, as follows:

[Roll No. 1037]

YEAS--162

Ackerman
Altmire
Andrews
Arcuri
Baird
Barrow
Barton (TX)
Bean
Becerra
Berkley
Berman
Berry
Bishop (GA)
Bishop (NY)
Blumenauer
Boren
Boswell
Boucher
Boyd (FL)
Boyda (KS)
Brady (TX)
Brown, Corrine
Brown-Waite, Ginny
Cardoza
Carnahan
Carney
Castle
Castor
Chabot
Clyburn
Coble
Cooper
Costa
Costello
Courtney
Cramer
Cuellar
Davis (AL)
Davis (CA)
Davis, Lincoln
DeGette
Delahunt
DeLauro
Dingell
Donnelly
Edwards
Ellsworth
Emanuel
Engel
Eshoo
Etheridge
Fattah
Frank (MA)
Giffords
Gilchrest
Gonzalez
Gordon
Hall (NY)
Hall (TX)
Harman
Hastert
Hastings (FL)
Herseth Sandlin
Higgins
Hill
Hinojosa
Holden
Hoyer
Hunter
Israel
Jefferson
Johnson (IL)
Johnson, E. B.
Jones (NC)
Kagen
Kennedy
Kildee
Kind
Kirk
Klein (FL)
Lamborn
Lampson
Langevin
Lantos
Larsen (WA)
Larson (CT)
Levin
Lipinski
Lofgren, Zoe
Lowey
Lynch
Mahoney (FL)
Marchant
Markey
Marshall
Matheson
Matsui
McCarthy (NY)
McCrery
McIntyre
McNerney
Meek (FL)
Melancon
Miller, George
Mitchell
Mollohan
Moore (KS)
Murphy (CT)
Murphy, Patrick
Murtha
Nadler
Neal (MA)
Obey
Olver
Paul
Peterson (MN)
Pomeroy
Porter
Rahall
Ramstad
Regula
Renzi
Reyes
Rodriguez
Rogers (MI)
Ross
Rothman
Ruppersberger
Ryan (OH)
Salazar
Sanchez, Linda T.
Sanchez, Loretta
Sarbanes
Schiff
Schwartz
Scott (GA)
Sestak
Shuler
Sires
Skelton
Smith (NJ)
Smith (WA)
Snyder
Space
Spratt
Tanner
Tauscher
Taylor
Thompson (MS)
Tsongas
Udall (CO)
Udall (NM)
Van Hollen
Visclosky
Walz (MN)
Wamp
Wasserman Schultz
Waxman
Wilson (OH)
Wilson (SC)
Wolf
Young (AK)

NAYS--251

Abercrombie
Aderholt
Akin
Alexander
Allen
Baca
Bachmann
Bachus
Baker
Baldwin
Barrett (SC)
Bartlett (MD)
Biggert
Bilbray
Bilirakis
Bishop (UT)
Blackburn
Blunt
Boehner
Bonner
Bono
Boozman
Boustany
Braley (IA)
Broun (GA)
Brown (SC)
Buchanan
Burgess
Burton (IN)
Calvert
Camp (MI)
Campbell (CA)
Cannon
Cantor
Capito
Capps
Capuano
Carter
Clarke
Clay
Cleaver
Cohen
Cole (OK)
Conaway
Conyers
Crenshaw
Crowley
Culberson
Cummings
Davis (IL)
Davis (KY)
Davis, David
Davis, Tom
Deal (GA)
DeFazio
Dent
Diaz-Balart, L.
Diaz-Balart, M.
Dicks
Doggett
Doolittle
Doyle
Drake
Dreier
Duncan
Ehlers
Ellison
Emerson
English (PA)
Everett
Fallin
Farr
Feeney
Filner
Flake
Forbes
Fortenberry
Fossella
Foxx
Franks (AZ)
Frelinghuysen
Gallegly
Garrett (NJ)
Gerlach
Gingrey
Gohmert
Goode
Goodlatte
Granger
Graves

[[Page H12786]]

Green, Al
Green, Gene
Grijalva
Gutierrez
Hare
Hastings (WA)
Hayes
Heller
Hensarling
Herger
Hinchey
Hirono
Hobson
Hodes
Hoekstra
Holt
Honda
Hooley
Hulshof
Inglis (SC)
Inslee
Issa
Jackson (IL)
Jackson-Lee (TX)
Johnson (GA)
Jones (OH)
Jordan
Kanjorski
Kaptur
Keller
Kilpatrick
King (IA)
King (NY)
Kingston
Kline (MN)
Knollenberg
Kucinich
Kuhl (NY)
LaHood
Latham
LaTourette
Lee
Lewis (CA)
Lewis (GA)
Lewis (KY)
Linder
LoBiondo
Loebsack
Lucas
Lungren, Daniel E.
Mack
Maloney (NY)
Manzullo
McCarthy (CA)
McCaul (TX)
McCollum (MN)
McCotter
McDermott
McHenry
McHugh
McKeon
McMorris Rodgers
Meeks (NY)
Mica
Michaud
Miller (FL)
Miller (MI)
Miller (NC)
Miller, Gary
Moore (WI)
Moran (KS)
Moran (VA)
Murphy, Tim
Musgrave
Myrick
Napolitano
Neugebauer
Nunes
Ortiz
Pallone
Pascrell
Pearce
Pence
Perlmutter
Peterson (PA)
Petri
Pickering
Pitts
Platts
Poe
Price (GA)
Price (NC)
Putnam
Radanovich
Rangel
Rehberg
Reichert
Reynolds
Richardson
Rogers (AL)
Rogers (KY)
Rohrabacher
Ros-Lehtinen
Roskam
Roybal-Allard
Royce
Rush
Ryan (WI)
Sali
Saxton
Schakowsky
Schmidt
Scott (VA)
Sensenbrenner
Serrano
Sessions
Shadegg
Shays
Shea-Porter
Sherman
Shimkus
Shuster
Simpson
Slaughter
Smith (NE)
Smith (TX)
Solis
Souder
Stark
Stearns
Stupak
Sullivan
Sutton
Terry
Thompson (CA)
Thornberry
Tiahrt
Tiberi
Tierney
Towns
Turner
Upton
Velazquez
Walberg
Walden (OR)
Walsh (NY)
Waters
Watson
Watt
Weiner
Welch (VT)
Weldon (FL)
Weller
Wexler
Whitfield
Wicker
Wilson (NM)
Woolsey
Wu
Wynn
Young (FL)

NOT VOTING--19

Brady (PA)
Butterfield
Buyer
Carson
Chandler
Cubin
Ferguson
Gillibrand
Jindal
Johnson, Sam
McGovern
McNulty
Oberstar
Pastor
Payne
Pryce (OH)
Tancredo
Westmoreland
Yarmuth

{time} 1602

Messrs. BOEHNER, ROGERS of Alabama, McKEON, CAMPBELL of California,
BLUNT, BILBRAY, McCARTHY of California, KINGSTON, ROSKAM, FEENEY,
GARRETT of New Jersey, ISSA, SALI, BONNER, FLAKE, DEAL of Georgia,
CONAWAY, CRENSHAW, EHLERS, KLINE of Minnesota, PETERSON of
Pennsylvania, CALVERT, BILIRAKIS, INGLIS of South Carolina, REHBERG,
BROUN of Georgia, BISHOP of Utah, TIAHRT, LUCAS, DOOLITTLE, PEARCE,
BARRETT of South Carolina, WELLER of Illinois, HASTINGS of Washington,
DAVID DAVIS of Tennessee, WICKER, NUNES, LEWIS of Kentucky, ADERHOLT,
SESSIONS, HERGER, LaHOOD, BACHUS, LINDER, FORBES, LaTOURETTE, DAVIS of
Kentucky, PENCE, TIBERI, REYNOLDS, PUTNAM, HENSARLING, POE, MORAN of
Kansas, McHUGH, LATHAM, CARTER, ALEXANDER, MACK, PLATTS, BOOZMAN,
REICHERT, FORTENBERRY, HOEKSTRA, DANIEL E. LUNGREN of California,
FRANKS of Arizona, GARY G. MILLER of California, HAYES, BOUSTANY,
PICKERING, THORNBERRY, FOSSELLA, PETRI, GOODE, TIERNEY, WALDEN of
Oregon, MICA, MARIO DIAZ-BALART of Florida, ROGERS of Kentucky, HONDA,
SIMPSON, SAXTON, DREIER, YOUNG of Florida, SMITH of Texas, KUHL of New
York, LINCOLN DIAZ-BALART of Florida, UPTON, BURGESS, GALLEGLY, CANTOR,
SULLIVAN, RYAN of Wisconsin, KNOLLENBERG, SHIMKUS, GRAVES, CROWLEY,
WHITFIELD, WALSH of New York, GOODLATTE, NEUGEBAUER, MILLER of Florida,
EVERETT, CULBERSON, McCAUL of Texas, BROWN of South Carolina, COLE of
Oklahoma, KELLER of Florida, FRELINGHUYSEN, BUCHANAN, LoBIONDO, BAKER,
SENSENBRENNER, STEARNS, MANZULLO, CAMP of Michigan, TIM MURPHY of
Pennsylvania, DENT, ROHRABACHER, HELLER of Nevada, JORDAN of Ohio,
GERLACH, AKIN, BURTON of Indiana, SHERMAN, CLEAVER, DICKS, HOLT,
PALLONE, RUSH, ALLEN, RANGEL, WATT, PRICE of North Carolina,
PERLMUTTER, HODES, ORTIZ, GENE GREEN of Texas, MILLER of North
Carolina, PITTS, GINGREY, CANNON, AL GREEN of Texas, DUNCAN, WALBERG,
Mrs. SCHMIDT, Mrs. BLACKBURN, Mrs. BIGGERT, Mrs. MUSGRAVE, Mrs. DRAKE,
Mrs. EMERSON, Mrs. BONO, Mrs. MYRICK, Mrs. CAPITO, Mrs. McMORRIS
RODGERS, Mrs. WILSON of New Mexico, Mrs. MILLER of Michigan, Mrs.
BACHMANN, Ms. FOXX, Ms. SHEA-PORTER, Ms. GRANGER, Ms. VELAZQUEZ, Ms.
McCOLLUM of Minnesota, Ms. ROYBAL-ALLARD, and Ms. MOORE of Wisconsin
changed their vote from ``yea'' to ``nay.''
Messrs. COBLE, HASTINGS of Florida, WAXMAN, BOSWELL, FATTAH,
McNERNEY, RAHALL, JONES of North Carolina, ISRAEL, Ms. CASTOR, and Ms.
LINDA T. SANCHEZ of California changed their vote from ``nay'' to
``yea.''
So the motion to table was rejected.
The result of the vote was announced as above recorded.
A motion to reconsider was laid on the table.

Motion to Refer Offered by Mr. Hoyer

Mr. HOYER. Mr. Speaker, I move that the resolution be referred to the
Committee on the Judiciary.

Parliamentary Inquiry

Mr. KUCINICH. Mr. Speaker, parliamentary inquiry.
The SPEAKER pro tempore. The gentleman from Ohio may state his
parliamentary inquiry.
Mr. KUCINICH. Mr. Speaker, if this motion to refer fails, does my
privileged resolution remain on the floor for an hour of debate and a
final vote?
The SPEAKER pro tempore. The resolution would remain pending.
Mr. KUCINICH. Would it be subject to a vote, then, on the floor?
The SPEAKER pro tempore. The resolution would remain pending.
Mr. KUCINICH. Mr. Speaker, I ask for a recorded vote on the motion to
refer to committee.
Mr. HOYER. Mr. Speaker, I move the previous question.
I am sorry, I may have misunderstood the gentleman. You asked for a
recorded vote on the motion to refer to committee?
I withdraw my motion. He wants to have a vote. I call the question.
The SPEAKER pro tempore. Does the gentleman ask that the motion to
refer be withdrawn?
Mr. HOYER. No. I moved that the resolution be referred to the
Judiciary Committee. The gentleman then posed a parliamentary inquiry.
He then asked that the votes be tallied on the motion.

Parliamentary Inquiry

Mr. BOEHNER. Mr. Speaker, parliamentary inquiry.
The SPEAKER pro tempore. The minority leader may state his
parliamentary inquiry.
Mr. BOEHNER. Mr. Speaker, the gentleman from Maryland moved the
previous question before he engaged in debate. Under the rules, I think
there are 40 minutes to be divided by both sides.
The SPEAKER pro tempore. The previous question has not been ordered
yet.
Does the gentleman from Maryland ask to withdraw the motion?
Mr. HOYER. No, I move to refer the bill to the committee. This matter
is a matter of very serious import.
Mr. UDALL of Colorado. Mr. Speaker, I do not think the House should
take up today the question of whether we will exercise our
Constitutional authority to impeach the Vice President and to ask the
Senate to try him on charges that, if proved, would result in his
removal from office.
That does not mean I support the policies advocated by Vice President
Cheney or that I think his official conduct has been above reproach. On
the contrary, I think that he has helped create many of the most
serious problems our country now faces and that he is continuing to
advocate policies that would make those problems worse and bring
further difficulties upon us.
With President Bush, the vice president spearheaded the unfortunately
successful effort to persuade Congress to authorize a rush to war in
Iraq--which I opposed. He also was among those in the Bush
Administration who refused to listen to the many well-informed people
who argued that it was imperative that adequate measures be taken to
prevent the disintegration of Iraq's social and governmental fabric
that otherwise predictably would follow the equally predictable
successful military action to remove the Saddam Hussein regime. And now
he clearly is among those who seem to prefer again rushing to use
military force--this time to respond to the potential danger of a
nuclear-armed Iran--before other options have been exhausted. I
strongly oppose that, and have introduced legislation--H.R. 3119--to
prohibit funds from being obligated or expended for military operations
or activities within or above Iran's territory or within Iran's
territorial waters except pursuant to a new, specific congressional
authorization.

[[Page H12787]]

But the question now before the House is not whether we think the
vice president's actions have been helpful to the national interest, as
his supporters presumably would contend, or whether they have had or
could have adverse consequences--as I myself think. Instead, we are
being asked whether we should now, today, proceed to charge that the
vice president has violated his constitutional oath to faithfully
execute the duties of his office and to defend the Constitution and
thus should be impeached.
The resolution sets forth what its author says are the specific
statements and actions of the vice president that constitute violations
of his oath. I agree that those statements and actions are deeply
troubling and raise serious questions about the way the vice president
has used his position, both in communicating with the American people
and in participating in the shaping of Bush Administration policies.
But at this moment I am not prepared to say that there are adequate
grounds to conclude that those statements and actions in fact
constitute grounds for impeachment--and I do not think that Members of
the House should be called upon to reach that conclusion today.
I think that before the House is asked to reach that conclusion, the
vice president should have an opportunity to respond to the
resolution's charges and the statements and actions it cites in support
of those charges. I also think that before we are asked to vote on the
resolution, we should have the benefit of hearing from appropriate
legal experts and other qualified witnesses and that the Judiciary
Committee should prepare a report that will provide the basis for any
debate here on the floor of the House.
Impeachment is not entirely a legal question. It is partly political,
which is why the Constitution entrusts it to Congress and not the
courts. But I think it is essential that any decision to impeach any
federal official should come only through a careful, thorough process
that provides adequate due process for the accused and that will lay
the proper foundation for a sound decision. I think to do otherwise, as
the author of this resolution seeks to do, would further weaken the
civility toward our colleagues and respect for those with whom we
disagree that should be the basis for our service in Congress and would
only add to the polarization and rancor that are all too prevalent in
the Nation's political debates.
For these reasons, Mr. Speaker, I must oppose consideration of this
resolution at this time.
Mr. HOYER. I move the previous question on the motion to refer.
The SPEAKER pro tempore. The question is on ordering the previous
question.
The question was taken; and the Speaker pro tempore announced that
the ayes appeared to have it.

Recorded Vote

Mr. KUCINICH. Mr. Speaker, I demand a recorded vote.
A recorded vote was ordered.
The SPEAKER pro tempore. Pursuant to clause 9 of rule XX, the Chair
will reduce to 5 minutes the minimum time for any electronic vote on
the question of adoption of the motion.
The vote was taken by electronic device, and there were--ayes 218,
noes 194, not voting 20, as follows:

[Roll No. 1038]

AYES--218

Abercrombie
Ackerman
Allen
Altmire
Andrews
Arcuri
Baca
Baird
Baldwin
Barrow
Bean
Becerra
Berkley
Berman
Berry
Bishop (GA)
Bishop (NY)
Blumenauer
Boren
Boswell
Boucher
Boyd (FL)
Boyda (KS)
Braley (IA)
Brown, Corrine
Capps
Capuano
Cardoza
Carnahan
Carney
Castor
Clarke
Clay
Cleaver
Clyburn
Cohen
Conyers
Cooper
Costa
Costello
Courtney
Cramer
Crowley
Cuellar
Cummings
Davis (AL)
Davis (CA)
Davis (IL)
Davis, Lincoln
DeFazio
DeGette
Delahunt
DeLauro
Dicks
Dingell
Doggett
Donnelly
Doyle
Edwards
Ellison
Ellsworth
Emanuel
Engel
Eshoo
Etheridge
Farr
Fattah
Frank (MA)
Giffords
Gilchrest
Gonzalez
Gordon
Green, Al
Green, Gene
Grijalva
Gutierrez
Hall (NY)
Hare
Harman
Hastings (FL)
Herseth Sandlin
Higgins
Hill
Hinchey
Hinojosa
Hirono
Hodes
Holden
Holt
Honda
Hooley
Hoyer
Inslee
Israel
Jackson (IL)
Jackson-Lee (TX)
Jefferson
Johnson (GA)
Johnson, E. B.
Jones (NC)
Jones (OH)
Kagen
Kanjorski
Kennedy
Kildee
Kilpatrick
Kind
Klein (FL)
Lampson
Langevin
Lantos
Larsen (WA)
Larson (CT)
Lee
Levin
Lewis (GA)
Lipinski
Loebsack
Lofgren, Zoe
Lowey
Lynch
Mahoney (FL)
Maloney (NY)
Markey
Marshall
Matheson
Matsui
McCarthy (NY)
McCollum (MN)
McDermott
McIntyre
McNerney
Meek (FL)
Meeks (NY)
Melancon
Michaud
Miller (NC)
Miller, George
Mitchell
Mollohan
Moore (KS)
Moore (WI)
Moran (VA)
Murphy (CT)
Murphy, Patrick
Murtha
Nadler
Napolitano
Neal (MA)
Obey
Olver
Ortiz
Pallone
Pascrell
Paul
Perlmutter
Peterson (MN)
Pomeroy
Price (NC)
Rahall
Rangel
Reyes
Richardson
Rodriguez
Ross
Rothman
Roybal-Allard
Ruppersberger
Rush
Ryan (OH)
Salazar
Sanchez, Linda T.
Sanchez, Loretta
Sarbanes
Schakowsky
Schiff
Schwartz
Scott (GA)
Scott (VA)
Serrano
Sestak
Shea-Porter
Sherman
Shuler
Sires
Skelton
Slaughter
Smith (WA)
Snyder
Solis
Space
Spratt
Stark
Stupak
Sutton
Tanner
Tauscher
Taylor
Thompson (CA)
Tierney
Towns
Tsongas
Udall (CO)
Udall (NM)
Van Hollen
Velazquez
Visclosky
Walz (MN)
Wasserman Schultz
Watt
Waxman
Weiner
Welch (VT)
Wexler
Wilson (OH)
Woolsey
Wu
Wynn

NOES--194

Aderholt
Akin
Alexander
Bachmann
Bachus
Baker
Barrett (SC)
Bartlett (MD)
Barton (TX)
Biggert
Bilbray
Bilirakis
Bishop (UT)
Blackburn
Blunt
Boehner
Bonner
Bono
Boozman
Boustany
Brady (TX)
Broun (GA)
Brown (SC)
Brown-Waite, Ginny
Buchanan
Burgess
Burton (IN)
Calvert
Camp (MI)
Campbell (CA)
Cannon
Cantor
Capito
Carter
Castle
Chabot
Coble
Cole (OK)
Conaway
Crenshaw
Culberson
Davis (KY)
Davis, David
Davis, Tom
Deal (GA)
Dent
Diaz-Balart, L.
Diaz-Balart, M.
Doolittle
Drake
Dreier
Duncan
Ehlers
Emerson
English (PA)
Everett
Fallin
Feeney
Filner
Flake
Forbes
Fortenberry
Fossella
Foxx
Frelinghuysen
Gallegly
Garrett (NJ)
Gerlach
Gingrey
Gohmert
Goode
Goodlatte
Granger
Graves
Hall (TX)
Hastert
Hastings (WA)
Hayes
Heller
Hensarling
Herger
Hobson
Hoekstra
Hulshof
Hunter
Inglis (SC)
Issa
Jindal
Johnson (IL)
Jordan
Kaptur
Keller
King (IA)
King (NY)
Kingston
Kirk
Kline (MN)
Knollenberg
Kucinich
Kuhl (NY)
LaHood
Lamborn
Latham
LaTourette
Lewis (CA)
Lewis (KY)
Linder
LoBiondo
Lucas
Lungren, Daniel E.
Mack
Manzullo
Marchant
McCarthy (CA)
McCaul (TX)
McCotter
McCrery
McHenry
McHugh
McKeon
McMorris Rodgers
Mica
Miller (FL)
Miller (MI)
Miller, Gary
Moran (KS)
Murphy, Tim
Musgrave
Myrick
Neugebauer
Nunes
Pearce
Pence
Peterson (PA)
Petri
Pickering
Pitts
Platts
Poe
Porter
Price (GA)
Putnam
Radanovich
Ramstad
Regula
Rehberg
Reichert
Renzi
Reynolds
Rogers (AL)
Rogers (KY)
Rogers (MI)
Rohrabacher
Ros-Lehtinen
Roskam
Royce
Ryan (WI)
Sali
Saxton
Schmidt
Sensenbrenner
Sessions
Shadegg
Shays
Shimkus
Shuster
Simpson
Smith (NE)
Smith (NJ)
Smith (TX)
Souder
Stearns
Sullivan
Terry
Thornberry
Tiahrt
Tiberi
Turner
Upton
Walberg
Walden (OR)
Walsh (NY)
Wamp
Waters
Watson
Weldon (FL)
Weller
Whitfield
Wicker
Wilson (NM)
Wilson (SC)
Wolf
Young (AK)
Young (FL)

NOT VOTING--20

Brady (PA)
Butterfield
Buyer
Carson
Chandler
Cubin
Ferguson
Franks (AZ)
Gillibrand
Johnson, Sam
McGovern
McNulty
Oberstar
Pastor
Payne
Pryce (OH)
Tancredo
Thompson (MS)
Westmoreland
Yarmuth

Announcement by the Speaker Pro Tempore

The SPEAKER pro tempore (during the vote). Members are advised there
are 2 minutes left on this vote.

{time} 1623

So the previous question was ordered.
The result of the vote was announced as above recorded.
The SPEAKER pro tempore. The question is on the motion to refer.
The question was taken; and the Speaker pro tempore announced that
the ayes appeared to have it.

Recorded Vote

Mr. KUCINICH. Mr. Speaker, I demand a recorded vote.
A recorded vote was ordered.
The SPEAKER pro tempore. This will be a 5-minute vote.
The vote was taken by electronic device, and there were--ayes 218,
noes 194, not voting 20, as follows:

[Roll No. 1039]

AYES--218

[[Page H12788]]

Cleaver
Clyburn
Cohen
Conyers
Cooper
Costa
Costello
Courtney
Cramer
Crowley
Cuellar
Cummings
Davis (AL)
Davis (CA)
Davis (IL)
DeFazio
DeGette
Delahunt
DeLauro
Dicks
Dingell
Doggett
Donnelly
Doyle
Edwards
Ellison
Ellsworth
Emanuel
Engel
Eshoo
Etheridge
Farr
Fattah
Frank (MA)
Giffords
Gilchrest
Gonzalez
Gordon
Green, Al
Green, Gene
Grijalva
Gutierrez
Hall (NY)
Hare
Harman
Hastings (FL)
Herseth Sandlin
Higgins
Hill
Hinchey
Hinojosa
Hirono
Hodes
Holden
Holt
Honda
Hooley
Hoyer
Inslee
Israel
Jackson (IL)
Jackson-Lee (TX)
Jefferson
Johnson (GA)
Johnson, E. B.
Jones (NC)
Jones (OH)
Kagen
Kanjorski
Kennedy
Kildee
Kilpatrick
Kind
Klein (FL)
Lampson
Langevin
Lantos
Larsen (WA)
Larson (CT)
Lee
Levin
Lewis (GA)
Lipinski
Loebsack
Lofgren, Zoe
Lowey
Lynch
Mahoney (FL)
Maloney (NY)
Markey
Marshall
Matheson
Matsui
McCarthy (NY)
McCollum (MN)
McDermott
McIntyre
McNerney
Meek (FL)
Meeks (NY)
Melancon
Michaud
Miller (NC)
Miller, George
Mitchell
Moore (KS)
Moore (WI)
Moran (VA)
Murphy (CT)
Murphy, Patrick
Murtha
Nadler
Napolitano
Neal (MA)
Obey
Olver
Ortiz
Pallone
Pascrell
Paul
Perlmutter
Peterson (MN)
Pomeroy
Price (NC)
Rahall
Rangel
Reyes
Richardson
Rodriguez
Rogers (MI)
Ross
Rothman
Roybal-Allard
Ruppersberger
Rush
Ryan (OH)
Salazar
Sanchez, Linda T.
Sanchez, Loretta
Sarbanes
Schakowsky
Schiff
Schwartz
Scott (GA)
Scott (VA)
Serrano
Sestak
Shea-Porter
Sherman
Shuler
Sires
Skelton
Slaughter
Smith (WA)
Snyder
Solis
Space
Spratt
Stark
Stupak
Sutton
Tanner
Tauscher
Taylor
Thompson (CA)
Thompson (MS)
Tierney
Tsongas
Udall (CO)
Udall (NM)
Van Hollen
Velazquez
Visclosky
Walz (MN)
Wasserman Schultz
Watson
Watt
Waxman
Weiner
Welch (VT)
Wexler
Wilson (OH)
Woolsey
Wu
Wynn

NOES--194

Aderholt
Akin
Alexander
Bachmann
Bachus
Baker
Barrett (SC)
Bartlett (MD)
Barton (TX)
Biggert
Bilbray
Bilirakis
Bishop (UT)
Blackburn
Blunt
Boehner
Bonner
Bono
Boozman
Boustany
Brady (TX)
Broun (GA)
Brown (SC)
Brown-Waite, Ginny
Buchanan
Burgess
Burton (IN)
Calvert
Camp (MI)
Campbell (CA)
Cannon
Cantor
Capito
Carter
Castle
Chabot
Coble
Cole (OK)
Conaway
Crenshaw
Culberson
Davis (KY)
Davis, David
Davis, Tom
Deal (GA)
Dent
Diaz-Balart, L.
Diaz-Balart, M.
Doolittle
Drake
Dreier
Duncan
Ehlers
Emerson
English (PA)
Everett
Fallin
Feeney
Filner
Flake
Forbes
Fortenberry
Fossella
Foxx
Franks (AZ)
Frelinghuysen
Gallegly
Garrett (NJ)
Gerlach
Gingrey
Gohmert
Goode
Goodlatte
Granger
Graves
Hall (TX)
Hastert
Hastings (WA)
Hayes
Heller
Hensarling
Herger
Hobson
Hoekstra
Hulshof
Hunter
Inglis (SC)
Issa
Jindal
Johnson (IL)
Jordan
Kaptur
Keller
King (IA)
King (NY)
Kingston
Kirk
Kline (MN)
Knollenberg
Kucinich
Kuhl (NY)
LaHood
Lamborn
Latham
LaTourette
Lewis (CA)
Lewis (KY)
Linder
LoBiondo
Lucas
Lungren, Daniel E.
Mack
Manzullo
Marchant
McCarthy (CA)
McCaul (TX)
McCotter
McCrery
McHenry
McHugh
McKeon
McMorris Rodgers
Mica
Miller (FL)
Miller (MI)
Miller, Gary
Moran (KS)
Murphy, Tim
Musgrave
Myrick
Neugebauer
Nunes
Pearce
Pence
Peterson (PA)
Petri
Pickering
Pitts
Platts
Poe
Porter
Price (GA)
Putnam
Radanovich
Ramstad
Regula
Rehberg
Reichert
Renzi
Reynolds
Rogers (AL)
Rogers (KY)
Rohrabacher
Ros-Lehtinen
Roskam
Royce
Ryan (WI)
Sali
Saxton
Schmidt
Sensenbrenner
Sessions
Shadegg
Shays
Shimkus
Shuster
Simpson
Smith (NE)
Smith (NJ)
Smith (TX)
Souder
Stearns
Sullivan
Terry
Thornberry
Tiahrt
Tiberi
Towns
Turner
Upton
Walberg
Walden (OR)
Walsh (NY)
Wamp
Waters
Weldon (FL)
Weller
Whitfield
Wicker
Wilson (NM)
Wilson (SC)
Wolf
Young (AK)
Young (FL)

NOT VOTING--20

Brady (PA)
Butterfield
Buyer
Carson
Chandler
Cubin
Davis, Lincoln
Ferguson
Gillibrand
Johnson, Sam
McGovern
McNulty
Mollohan
Oberstar
Pastor
Payne
Pryce (OH)
Tancredo
Westmoreland
Yarmuth

Announcement by the Speaker Pro Tempore

The SPEAKER pro tempore (during the vote). Members are advised there
are 2 minutes left on this vote.

{time} 1632

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

____________________