[Congressional Record Volume 163, Number 50 (Wednesday, March 22, 2017)]
[House]
[Pages H2308-H2311]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
{time} 1300
RAISING A QUESTION OF THE PRIVILEGES OF THE HOUSE
Mr. POLIS. Mr. Speaker, I have a privileged resolution at the desk.
The SPEAKER pro tempore. The Clerk will report the resolution.
The Clerk read as follows:
Whereas, in the United States' system of checks and balances,
Congress has a responsibility to hold the executive branch of
government to the highest standard of transparency to ensure the public
interest is placed first;
Whereas, according to the Tax History Project, every President since
Gerald Ford has disclosed their tax return information to the public;
Whereas, tax returns provide an important baseline disclosure because
they contain highly instructive information including whether the
candidate can be influenced by foreign entities and reveal any
conflicts of interest;
Whereas, Article I, section 9 of the Constitution states that no
person holding any office of profit or trust under them, shall, without
the consent of Congress, accept any present, emolument, Office or
Title, of any kind whatever from any King, Prince, or foreign State;
[[Page H2309]]
Whereas, disclosure of the President's tax returns is important
towards investigating Russian influence in the 2016 election,
understanding the President's financial ties to the Russian Federation
and Russian citizens, including debts owed and whether he shares any
partnership interests, equity interests, joint ventures, or licensing
agreements with Russia or Russian nationals, formally or informally
associated with Vladmir Putin;
Whereas, The New York Times has reported that President Trump's close
senior advisers, including Carter Page, Paul Manafort, Roger Stone, and
General Michael Flynn, have been under investigation by the Federal
Bureau of Investigation for their ties to the Russian Federation;
Whereas, Russian Deputy Foreign Minister Sergei Ryabkov told
Interfax, a Russian media outlet, on November 10, 2016, that ``there
were contacts'' with Donald Trump's 2016 campaign, and it has been
reported that members of President Trump's inner circle were in contact
with senior Russian officials throughout the 2016 campaign;
Whereas, General Michael Flynn, former national security adviser of
President Trump, received almost $68,000 in fees and expenses from
Russian entities in 2015, including by an entity recognized by U.S.
intelligence agencies as an arm of the Russian Government;
Whereas, FBI Director Comey stated in the Select Intelligence
Committee hearing on the Russian interference with the November 2016
election that ``there is no information to support those tweets,''
relating to President Trump's allegations that President Obama
illegally wiretapped the Trump campaign;
Whereas, distracting investigators with dead-end leads and outrageous
statements is a common tactic from those with a guilty conscience or in
a deliberate effort to throw off investigators;
Whereas, according to his 2016 candidate filing with the Federal
Election Commission, the President has 564 financial positions in
companies located in the United States and around the world;
Whereas, according to The Washington Post, the Trump International
Hotel in Washington, DC, has hired a ``director of diplomatic sales''
to generate high-priced business among foreign leaders and diplomatic
delegations;
Whereas, the chairman on the Ways and Means Committee, Joint
Committee on Taxation, and Senate Finance Committee have the authority
to request the President's tax returns under section 6103 of the tax
code;
Whereas, the Ways and Means Committee used IRC 6103 authority in 2014
to make public the confidential tax information of 51 taxpayers;
Whereas, the American people have the right to know whether or not
their President is operating under conflicts of interest related to
international affairs, tax reform, government contracts, or otherwise:
Now, therefore, be it resolved that the House of Representatives
shall:
One, immediately request the tax return information of Donald J.
Trump for tax years 2006 through 2015 for review in closed executive
session by the Committee on Ways and Means, as provided under section
6103 of the Internal Revenue Code, and vote to report the information
therein to the full House of Representatives;
Two, support transparency in government and the longstanding
tradition of Presidents and Presidential candidates disclosing their
tax returns.
The SPEAKER pro tempore. Does the gentleman from Colorado wish to
present argument on the parliamentary question whether the resolution
presents a question of the privileges of the House?
Mr. POLIS. Yes, Mr. Speaker.
The SPEAKER pro tempore. The gentleman from Colorado is recognized.
Mr. POLIS. Mr. Speaker, under rule IX, clause 1, questions of the
privileges of the House and those affecting the rights of the House,
its safety, dignity, and the integrity of its proceedings, that is the
section we are talking about here today when we are talking about
privilege.
Mr. Speaker, truly, there is nothing more of a threat to the very
integrity of the legislative branch in the House than ignoring our duty
to provide a check and balance on the executive branch.
To restore the dignity of the House inherent in rule IX, clause 1, we
absolutely must use our authority to request that President Trump's tax
returns are given to the American people. The American people demand to
know the full scope of the President's financial background because
there are legitimate concerns which, frankly, were worsened this very
week by the hearing in the Select Intelligence Committee where the FBI
and NSA testified there is an ongoing investigation to determine if
there was coordination between the President's campaign and Russia.
The Internal Revenue Code already has language that lays out a path
for the Ways and Means Committee to obtain those tax returns and review
them in a respectful manner; and, frankly, there is precedent for that
provision being used. Fifty-one tax returns of Americans were requested
the last time they used it.
The House needs to demonstrate that our Members are listening to the
valid concerns about the integrity of the Republic. The House needs to
show that we care about protecting our Constitution and our system of
checks and balances.
When I look at the language, the privileges of the House, those
affecting the rights of the House collectively, its safety, dignity,
and the integrity of its proceedings, I can see nothing that fits that
language more than this motion before you today.
Let's shine a light on the President's conflicts so we, as a
Congress, and the American people can judge what is occurring, where
the conflicts lie, whether his decisions are being made for himself or
his business interests or foreign interests or for the greater good of
the American people.
I call upon the Speaker to rule in favor of allowing this privileged
resolution to move forward and for the President to disclose his tax
returns immediately.
The SPEAKER pro tempore. Does any other Member wish to be heard on
the question of order?
Mr. PASCRELL. Mr. Speaker, I do.
The SPEAKER pro tempore. The gentleman from New Jersey is recognized.
Mr. PASCRELL. Mr. Speaker, on a question of the privileges of the
House under rule IX, clause 1, questions of the privileges of the House
are those affecting the rights of the House collectively, its safety,
dignity, and the integrity of its proceedings. Congressional oversight
is a power granted by the Constitution in public law and in House
rules.
Mr. Speaker, just 2 days ago, FBI Director James Comey confirmed that
there was an investigation of Donald Trump's campaign's ties to the
Russian agents.
We know that, following six bankruptcies, Donald Trump had trouble
getting loans and financing for his real estate businesses. We know
that German Bank Deutsche stepped in when Wall Street stopped lending,
giving at least $300 million in loans for those properties and, more
personally, to his daughter, Ivanka, and son-in-law.
We know that Deutsche Bank has been fined for criminally transferring
$10 billion out of Russia. We also know that Donald Trump, Jr. said
that the Trump organization saw money ``pouring in from Russia'' and
that ``Russians make up a pretty disproportionate cross-section of a
lot of our assets.''
We know that Donald Trump repeatedly attempted to secure trademarks
in Russia--the record is the record--to develop real estate in Russia--
the record is the record--and to sell products in Russia--the record is
the record. We have seen how just two pages summarizing the President's
2005 tax returns, which many laughed off, showed that he paid a low
rate of 25 percent. He has proposed tax changes that would
significantly lower his own personal tax bill.
We need to see how the President----
The SPEAKER pro tempore. The gentleman will suspend.
The gentleman's remarks must be confined to the question of order.
The gentleman from New Jersey is recognized.
Mr. PASCRELL. Mr. Speaker, nothing could be more of a threat to the
integrity of this House than ignoring our duty to fully examine the
personal financial entanglements any President,
[[Page H2310]]
and this President, may have had with Russian entities and individuals.
If and when such conflicts are revealed, I do not want to say to our
constituents that we had the power to review these conflicts, but,
instead, we sat on our hands and did nothing. I, for one, do not want
my integrity or the integrity of my colleagues in this body on both
sides of the aisle to be demeaned by such a shameful failure.
To restore the dignity of the House, we must use our authority to
request President Trump's tax returns to give the American people--the
75 percent who say ``give it up,''--75 percent of the American people,
the transparency they deserve.
The SPEAKER pro tempore. The gentleman's remarks must be confined to
the question of order.
Mr. PASCRELL. Mr. Speaker, I yield back the balance of my time.
Mr. COHEN. Mr. Speaker.
The SPEAKER pro tempore. Does the gentleman from Tennessee wish to be
heard on the question of order?
Mr. COHEN. Yes, Mr. Speaker.
The SPEAKER pro tempore. The gentleman from Tennessee is recognized.
Mr. COHEN. Mr. Speaker, Mr. Polis and Mr. Pascrell have made the
point, and it is the same point I want to make. There is a shadow
hanging over the United States of America, over our government, and
over this House; and only we can lift it.
The Trump campaign said that if Hillary Clinton was the President
with a Federal investigation overlooking her, which it looked like
there was with Mr. Comey's comments before the election, that it would
be unheard of, unprecedented, and the Government couldn't go on.
Well, there is a Federal investigation of the present President of
the United States--something that has never happened before--and that
has put a dark cloud that can only be lifted by showing in the light of
day what the President's involvements were with his income taxes, whom
he owes money to. And if he doesn't owe money to people that have a
conflict, that is good for the government because it relieves the
President of any suspicion.
Like Caesar's wife, he should be beyond suspicion and beyond
reproach, and, right now, there is a serious cloud. So I would ask the
Chair to rule in favor of this motion so we can do our job to make the
light shine on this government and on this House and give more respect
for us.
I thank the Speaker who is an honorable man and I am proud to say is
my friend.
Mr. Speaker, I yield back the balance of my time.
The SPEAKER pro tempore. Does any other Member wish to be heard on
the question of order?
Parliamentary Inquiry
Mr. POLIS. Point of parliamentary inquiry, Mr. Speaker.
The SPEAKER pro tempore. The gentleman will state his parliamentary
inquiry.
Mr. POLIS. Mr. Speaker, how many Members must come before the Speaker
establishing that this qualifies under the privileges of the House
affecting the integrity of the House until the Speaker rules in our
favor?
The SPEAKER pro tempore. The Chair is prepared to rule.
Mr. POLIS. Mr. Speaker, I hope that the Chair will rule favorably on
behalf of the American people.
Mr. Speaker, I yield back the balance of my time.
The SPEAKER pro tempore. The gentleman from Colorado seeks to offer a
resolution as a question of the privileges of the House under rule IX.
As the Chair ruled on February 27, 2017; March 7, 2017; and March 15,
2017, the resolution directs the Committee on Ways and Means to meet
and consider an item of business under the procedures set forth in 26
U.S.C. 6103 and, therefore, does not qualify as a question of the
privileges of the House.
Mr. POLIS. Mr. Speaker, 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
Ms. CHENEY. Mr. Speaker, I have a motion at the desk.
The SPEAKER pro tempore. The Clerk will report the motion.
The Clerk read as follows:
Ms. Cheney moves that the appeal be laid on the table.
The SPEAKER pro tempore. The question is on the motion to lay the
appeal on the table.
The question was taken; and the Speaker pro tempore announced that
the ayes appeared to have it.
Mr. POLIS. 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 lay the appeal on the table will be
followed by 5-minute votes on the motion to recommit on H.R. 372 and
passage of H.R. 372, if ordered.
The vote was taken by electronic device, and there were--yeas 230,
nays 189, answered ``present'' 1, not voting 9, as follows:
[Roll No. 182]
YEAS--230
Abraham
Aderholt
Allen
Amash
Amodei
Arrington
Babin
Bacon
Banks (IN)
Barletta
Barr
Barton
Bergman
Biggs
Bilirakis
Bishop (MI)
Black
Blum
Bost
Brady (TX)
Brat
Bridenstine
Brooks (AL)
Brooks (IN)
Buchanan
Buck
Bucshon
Budd
Burgess
Byrne
Calvert
Carter (GA)
Carter (TX)
Chabot
Chaffetz
Cheney
Coffman
Cole
Collins (GA)
Collins (NY)
Comer
Comstock
Conaway
Cook
Costello (PA)
Cramer
Crawford
Culberson
Curbelo (FL)
Davidson
Davis, Rodney
Denham
Dent
DeSantis
DesJarlais
Diaz-Balart
Donovan
Duffy
Duncan (SC)
Duncan (TN)
Dunn
Emmer
Farenthold
Faso
Ferguson
Fitzpatrick
Fleischmann
Flores
Fortenberry
Foxx
Franks (AZ)
Frelinghuysen
Gaetz
Gallagher
Garrett
Gibbs
Gohmert
Goodlatte
Gosar
Gowdy
Granger
Graves (GA)
Graves (LA)
Graves (MO)
Griffith
Grothman
Guthrie
Harper
Harris
Hartzler
Hensarling
Herrera Beutler
Hice, Jody B.
Higgins (LA)
Hill
Holding
Hollingsworth
Hudson
Huizenga
Hultgren
Hunter
Hurd
Issa
Jenkins (KS)
Jenkins (WV)
Johnson (LA)
Johnson (OH)
Johnson, Sam
Jordan
Joyce (OH)
Katko
Kelly (MS)
Kelly (PA)
King (NY)
Kinzinger
Knight
Kustoff (TN)
Labrador
LaHood
LaMalfa
Lamborn
Lance
Latta
Lewis (MN)
LoBiondo
Long
Loudermilk
Love
Lucas
Luetkemeyer
MacArthur
Marchant
Marino
Marshall
Massie
Mast
McCarthy
McCaul
McClintock
McHenry
McKinley
McMorris Rodgers
McSally
Meadows
Meehan
Messer
Mitchell
Moolenaar
Mooney (WV)
Mullin
Murphy (PA)
Newhouse
Noem
Nunes
Olson
Palazzo
Palmer
Paulsen
Pearce
Perry
Pittenger
Poe (TX)
Poliquin
Posey
Ratcliffe
Reed
Reichert
Renacci
Rice (SC)
Roby
Roe (TN)
Rogers (AL)
Rogers (KY)
Rohrabacher
Rokita
Rooney, Francis
Rooney, Thomas J.
Ros-Lehtinen
Roskam
Ross
Rothfus
Rouzer
Royce (CA)
Russell
Rutherford
Scalise
Schweikert
Scott, Austin
Sensenbrenner
Sessions
Shimkus
Simpson
Smith (MO)
Smith (NE)
Smith (NJ)
Smith (TX)
Smucker
Stefanik
Stewart
Stivers
Taylor
Tenney
Thompson (PA)
Thornberry
Tiberi
Tipton
Trott
Turner
Upton
Valadao
Wagner
Walberg
Walden
Walker
Walorski
Walters, Mimi
Weber (TX)
Webster (FL)
Wenstrup
Westerman
Williams
Wilson (SC)
Wittman
Womack
Woodall
Yoder
Yoho
Young (AK)
Young (IA)
Zeldin
NAYS--189
Adams
Aguilar
Barragan
Bass
Beatty
Bera
Beyer
Bishop (GA)
Blumenauer
Blunt Rochester
Bonamici
Boyle, Brendan F.
Brady (PA)
Brown (MD)
Brownley (CA)
Bustos
Butterfield
Capuano
Carbajal
Cardenas
Carson (IN)
Cartwright
Castor (FL)
Castro (TX)
Chu, Judy
Cicilline
Clark (MA)
Clarke (NY)
Clay
Cleaver
Clyburn
Cohen
Connolly
Conyers
Cooper
Correa
Costa
Courtney
Crist
Crowley
Cuellar
Cummings
Davis (CA)
Davis, Danny
DeFazio
DeGette
Delaney
DeLauro
DelBene
Demings
DeSaulnier
Deutch
Dingell
Doggett
Doyle, Michael F.
Ellison
Engel
Eshoo
Espaillat
Esty
Evans
Foster
Frankel (FL)
Fudge
Gabbard
Gallego
Garamendi
Gonzalez (TX)
Gottheimer
Green, Al
Green, Gene
Grijalva
Gutierrez
Hanabusa
Hastings
Heck
Higgins (NY)
Himes
Hoyer
Huffman
Jackson Lee
Jayapal
Jeffries
Johnson (GA)
Johnson, E. B.
Jones
Kaptur
Keating
Kelly (IL)
Kennedy
Khanna
Kihuen
Kildee
Kilmer
Kind
Krishnamoorthi
Kuster (NH)
Langevin
Larsen (WA)
Larson (CT)
Lawrence
Lawson (FL)
Lee
Levin
Lewis (GA)
Lieu, Ted
Lipinski
Loebsack
Lofgren
Lowenthal
Lowey
Lujan Grisham, M.
Lujan, Ben Ray
Lynch
[[Page H2311]]
Maloney, Carolyn B.
Maloney, Sean
Matsui
McCollum
McEachin
McGovern
McNerney
Meeks
Meng
Moore
Moulton
Murphy (FL)
Nadler
Napolitano
Neal
Nolan
Norcross
O'Halleran
O'Rourke
Pallone
Panetta
Pascrell
Pelosi
Perlmutter
Peters
Peterson
Pingree
Pocan
Polis
Price (NC)
Quigley
Raskin
Rice (NY)
Richmond
Rosen
Roybal-Allard
Ruiz
Ruppersberger
Ryan (OH)
Sanchez
Sarbanes
Schakowsky
Schiff
Schneider
Schrader
Scott (VA)
Scott, David
Serrano
Sewell (AL)
Shea-Porter
Sherman
Sires
Smith (WA)
Soto
Speier
Suozzi
Swalwell (CA)
Takano
Thompson (CA)
Thompson (MS)
Titus
Tonko
Torres
Vargas
Veasey
Vela
Velazquez
Visclosky
Walz
Wasserman Schultz
Waters, Maxine
Watson Coleman
Welch
Wilson (FL)
Yarmuth
ANSWERED ``PRESENT''--1
Sanford
NOT VOTING--9
Bishop (UT)
Blackburn
King (IA)
Payne
Rush
Shuster
Sinema
Slaughter
Tsongas
{time} 1336
Mr. CRIST changed his vote from ``yea'' to ``nay.''
Mr. HUNTER changed his vote from ``nay'' to ``yea.''
So the motion to table was agreed to.
The result of the vote was announced as above recorded.
A motion to reconsider was laid on the table.
____________________