[Congressional Record Volume 163, Number 59 (Wednesday, April 5, 2017)]
[House]
[Pages H2729-H2731]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
RAISING A QUESTION OF THE PRIVILEGES OF THE HOUSE
Mr. JEFFRIES. Mr. Speaker, I rise to a question of the privileges of
the House and offer a resolution previously noticed.
The SPEAKER pro tempore. The Clerk will report the resolution.
The Clerk read as follows:
Expressing the sense of the House of Representatives that
President Donald Trump shall publicly disclose his tax return
information, which would conform with an important tradition
connected to occupancy of the White House, as well as uphold
his promise to the American people that he would release his
tax returns.
Whereas, every President since Gerald Ford has disclosed
his tax return information to the American people;
Whereas, in May 2014 Donald Trump stated during a
television interview: ``If I decide to run for office I'll
produce my tax returns absolutely. I would love to do that'';
Whereas, in February 2015 Donald Trump stated during a
radio interview: ``I have no objection to certainly showing
tax returns'';
Whereas, in February 2016 Donald Trump stated during a
televised Republican Presidential debate: ``I will absolutely
give my returns, but I'm being audited now for two or three
years, so I can't do it until the audit is finished,
obviously'';
Whereas, in May 2016 Donald Trump stated during a
television interview: ``I will really gladly give them. When
the audit ends, I'll present them. That should be before the
election'';
Whereas, the IRS has made clear that any taxpayer,
including Donald Trump, may release his tax returns at any
time while under audit;
Whereas, the House of Representatives by constitutional
design is the institution closest to the American people, and
an overwhelming majority of the American people think Donald
Trump should release his tax returns immediately;
Whereas, 17 different intelligence agencies in the United
States have concluded that Vladimir Putin and his Russian
regime interfered with our Presidential election for the
purpose of helping Donald Trump;
Whereas, multiple high-level Trump associates were in
regular contact with Russian operatives and intelligence
agents during the same time that Russia was hacking into our
democracy;
Whereas, multiple high-level Trump associates have
financial ties to the Russian regime;
Whereas, Paul Manafort, Donald Trump's former campaign
chairman, engineered a pro-Russia change in the Republican
Party platform in July 2016 and has received millions of
dollars from pro-Russian oligarchs to advance Putin's agenda;
Whereas, Michael Flynn, Donald Trump's first National
Security Adviser, resigned in disgrace for misleading to Vice
President Mike Pence about potentially unlawful phone calls
to the Russian Ambassador and failed to disclose financial
compensation received from a Russian propaganda media outlet
closely tied to Vladimir Putin;
Whereas, Carter Page, a top foreign policy adviser to the
Trump campaign, has now acknowledged visiting the Kremlin in
the midst of the 2016 Presidential election;
Whereas, Jeff Sessions, Donald Trump's Attorney General,
misled the Senate under oath by failing to disclose his
meetings with the Russian Ambassador that took place in July
2016 at the Republican National Convention and again in
September of 2016;
Whereas, Michael Cohen, Donald Trump's personal attorney,
now acknowledges being
[[Page H2730]]
in contact with Russian operatives at the same time the
attacks on our democracy were taking place;
Whereas, Jared Kushner, a senior White House advisor and
Donald Trump's son-in-law, now acknowledges previously
undisclosed meetings with the Russian Ambassador;
Whereas, Roger Stone, a self-described political trickster
and Donald Trump's long-time consigliere, now acknowledges
being in contact with the Russian-aligned hacker Guccifer II
and predicted during the campaign that John Podesta's emails
would soon be exposed;
Whereas, Ian Fleming, the renowned British author has
observed, ``Once is happenstance. Twice is coincidence. Three
times is enemy action'';
Whereas, Donald Trump has shown an unrestrained willingness
to criticize and insult allies of the United States of
America;
Whereas, Donald Trump wrongly accused Great Britain, our
closest ally, of wiretapping Trump Tower in New York City;
Whereas, Donald Trump declined to shake German Chancellor
Angela Merkel's hand while seated together during their
recent joint appearance at the White House;
Whereas, Donald Trump stated in a recent C-PAC speech that
``Paris is no longer Paris'';
Whereas, Donald Trump threatened to cancel a refugee
transfer agreement with our ally Australia and reportedly
hung up on the Prime Minister;
Whereas, Donald Trump told the President of Mexico that
America would deploy military personnel to that sovereign
nation if our southern neighbor does not deal with its ``bad
hombres'';
Whereas, Donald Trump has repeatedly criticized our
strategic and military alliance with Western European allies
and called NATO ``obsolete'';
Whereas, Donald Trump refuses to say a negative word about
Vladimir Putin or his corrupt Russian regime;
Whereas, Bill O'Reilly interviewed Donald Trump on Super
Bowl Sunday and asked about Putin's brutal and murderous
regime;
Whereas, Donald Trump responded, ``There are a lot of
killers. You think our country's so innocent?'', suggesting a
moral equivalence between the United States and Russia;
Whereas, Yogi Berra, the great Yankee catcher and
philosopher-King, once observed ``that's too coincidental to
be a coincidence'';
Whereas, Donald Trump tweeted on January 11: ``I have
nothing to do with Russia--no deals, no loans, no nothing'';
Whereas, Donald Trump Jr. once stated: ``Russians make up a
pretty disproportionate cross-section of a lot of our assets.
We see a lot of money pouring in from Russia'';
Whereas, disclosure of Donald Trump's tax returns will help
the American people and their elected Representatives in this
House better understand Trump's financial ties, if any, to
Putin's Russia;
Whereas, the American people have a right to know whether
financial conflicts of interest exist between the President
of the United States and a hostile foreign power;
Whereas, the chairmen of the House Ways and Means
Committee, Joint Committee on Taxation, and Senate Finance
Committee have the authority to request Donald Trump's tax
returns under section 6103 of the Tax Code; and
Whereas, the FBI is conducting a criminal and
counterintelligence investigation into Russian interference
with the recent Presidential election, including possible
collusion between the Trump campaign and the Kremlin: Now,
therefore, be it:
Resolved, that the House of Representatives shall--
1. Immediately request tax return information of Donald J.
Trump for tax years 2007 through 2016 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; and
2. Postpone consideration of comprehensive tax reform
legislation until after the elected Representatives of the
American people in this House have been able to review
Trump's tax returns and ascertain how any changes to the Tax
Code might financially benefit the President of the United
States.
{time} 1515
The SPEAKER pro tempore. Does the gentleman from New York wish to
present argument on the parliamentary question of whether the
resolution presents a question of the privileges of the House?
Mr. JEFFRIES. Yes, Mr. Speaker.
The SPEAKER pro tempore. The gentleman from New York is recognized.
Mr. JEFFRIES. Mr. Speaker, 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.''
This resolution is privileged based on two issues of institutional
integrity, both anchored in the United States Constitution.
Upon adoption of the Constitution, Senators were elected by State
legislative bodies; justices were appointed by the executive branch;
Presidents were placed into office indirectly through the electoral
college.
The House was the only institution where Members were directly
elected by the people. We were given 2-year terms to stay close to the
people. Our integrity as a separate and coequal branch of government
flows directly from our ability to vigilantly represent their
interests.
We don't work for the executive branch. We don't work for President
Trump. We work for the people of this great Nation, and the American
people overwhelmingly want the President's tax returns released.
Secondarily, this House should exercise its prerogative as a separate
and coequal branch of government, vigilantly represent the people, and
act as a check and balance against Presidential obstruction. Our
integrity hangs in the balance.
The integrity of this House also hinges, lastly, on our willingness
to properly legislate changes to the Tax Code. The American people
have, in many cases, lost faith in our institutions of government, in
part because they believe that we are out of touch and that we do not
act in the best interests of hardworking Americans.
Pursuant to Article I, section 7, clause 1 of the Constitution, often
referred to as the Origination Clause, the House of Representatives has
the sole authority to initiate legislation that raises revenue for the
national government.
According to a 2011 Heritage Foundation report, the taxation power
was intentionally placed with the body closest to the people as part of
the Great Compromise. The Heritage Foundation report urges Members of
this House to ``be more zealous in protecting this exclusive
prerogative.''
President Trump has expressed an interest in working with the House
to take on the most significant legislative reform of our Tax Code in
30 years. How can we work with him on this legislation if we do not
know how the proposed reforms might financially benefit him or the
companies or countries to which he has business entanglements?
How can we ascertain whether suggestions made by the executive branch
are aimed to help the American people or aimed to help the President or
his allies in business or throughout the world?
The Founders of this great Nation made it so that we, as
representatives of the people, have the constitutional duty to check
and balance the executive branch, not the other way around.
The integrity of this body is at risk if we choose to follow the path
of unfettered obedience to the executive branch. The American people
deserve to see his tax returns, and we have the power in this House to
make it happen.
The SPEAKER pro tempore. The Chair is prepared to rule.
The gentleman from New York seeks to offer a resolution as a question
of the privileges of the House under rule IX.
As the Chair most recently ruled on March 22, 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. JEFFRIES. 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. FOXX. 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. Foxx moves to lay the appeal 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. JEFFRIES. 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 passage of H.R. 1304.
The vote was taken by electronic device, and there were--yeas 228,
nays 185, answered ``present'' 2, not voting 14, as follows:
[[Page H2731]]
[Roll No. 219]
YEAS--228
Abraham
Aderholt
Allen
Amash
Amodei
Arrington
Babin
Bacon
Banks (IN)
Barletta
Barr
Barton
Bergman
Biggs
Bilirakis
Bishop (MI)
Black
Blackburn
Blum
Bost
Brady (TX)
Brat
Brooks (AL)
Brooks (IN)
Buchanan
Buck
Bucshon
Budd
Burgess
Byrne
Calvert
Carter (GA)
Carter (TX)
Chabot
Chaffetz
Cheney
Coffman
Cole
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 (IA)
Kinzinger
Knight
Kustoff (TN)
Labrador
LaHood
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
Shuster
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
Wilson (SC)
Wittman
Womack
Woodall
Yoder
Yoho
Young (AK)
Young (IA)
Zeldin
NAYS--185
Adams
Aguilar
Barragan
Bass
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)
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)
Lawson (FL)
Lee
Levin
Lewis (GA)
Lieu, Ted
Lipinski
Loebsack
Lofgren
Lowenthal
Lowey
Lujan Grisham, M.
Lujan, Ben Ray
Lynch
Maloney, Carolyn B.
Maloney, Sean
Matsui
McCollum
McGovern
McNerney
Meeks
Meng
Moore
Moulton
Murphy (FL)
Nadler
Napolitano
Neal
Nolan
Norcross
O'Halleran
O'Rourke
Pallone
Panetta
Pascrell
Payne
Pelosi
Perlmutter
Peters
Peterson
Pingree
Pocan
Polis
Price (NC)
Quigley
Raskin
Rice (NY)
Richmond
Rosen
Roybal-Allard
Ruiz
Ruppersberger
Rush
Ryan (OH)
Sarbanes
Schakowsky
Schiff
Schneider
Schrader
Scott (VA)
Scott, David
Serrano
Sewell (AL)
Shea-Porter
Sherman
Sinema
Sires
Smith (WA)
Soto
Speier
Suozzi
Swalwell (CA)
Takano
Thompson (CA)
Thompson (MS)
Titus
Tonko
Torres
Tsongas
Vargas
Veasey
Vela
Visclosky
Walz
Wasserman Schultz
Waters, Maxine
Watson Coleman
Welch
Wilson (FL)
ANSWERED ``PRESENT''--2
DeFazio
Sanford
NOT VOTING--14
Beatty
Bishop (UT)
Bridenstine
Collins (GA)
Davis, Danny
King (NY)
LaMalfa
Lawrence
McEachin
Sanchez
Slaughter
Velazquez
Williams
Yarmuth
{time} 1545
Ms. McCOLLUM, Messrs. WELCH, and QUIGLEY changed their vote from
``yea'' to ``nay.''
Messrs. JOHNSON of Louisiana, POSEY, DENT, SMUCKER, HUNTER, and
RODNEY DAVIS of Illinois changed their vote from ``nay'' to ``yea.''
Mr. SANFORD changed his vote from ``yea'' to ``present.''
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.
____________________