[Congressional Record Volume 164, Number 23 (Tuesday, February 6, 2018)]
[House]
[Pages H831-H833]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




           RAISING A QUESTION OF THE PRIVILEGES OF THE HOUSE

  Ms. PELOSI. Mr. Speaker, pursuant to rule IX, I rise to a question of 
the privileges of the House, and I send to the desk a privileged 
resolution.
  The SPEAKER pro tempore. The Clerk will report the resolution.
  The Clerk read as follows:

                               Resolution

 Raising a question of the privileges of the House pursuant to rule IX.

       Whereas the first duty of Members of Congress is to uphold 
     their constitutional duty to protect and defend the American 
     people, and the House Majority and its leadership have 
     abdicated that duty by permitting actions that give Russia a 
     clearer view of our intelligence capabilities;
       Whereas the integrity of the legislative process of the 
     House has been seriously damaged by the Majority's failure to 
     properly adhere to the procedures of clause 11 (g) of rule X, 
     of the Rules of the House of Representatives in seeking to 
     release highly classified information contained in a memo by 
     the Permanent Select Committee on Intelligence Chair Devin 
     Nunes to assist the President in attacking the Federal Bureau 
     of Investigation and undermining ongoing investigations into 
     Russia's meddling in America's elections;
       Whereas the Department of Justice on January 24, 2018 
     warned Chairman Nunes that releasing his memo without 
     affording the FBI and the Department an opportunity to review 
     and advise the Intelligence Committee of risks to our 
     national security and ongoing investigations would be 
     ``extraordinarily reckless'';
       Whereas on January 29, 2018 after Chairman Nunes refused to 
     allow the FBI and the Department of Justice to advise the 
     Intelligence Committee of risks to our national security and 
     intelligence, the Committee voted on a party-line vote to 
     release the Nunes memo pursuant to clause 11 (g) of rule x;
       Whereas during the business meeting of January 29, 2018, 
     the Intelligence Committee on a party-line vote refused to 
     release a memo by the Ranking Member, thereby providing only 
     a misleading perspective for Members and the public about the 
     propriety of the FISA court's actions described in the Nunes 
     Memo;
       Whereas on January 31, 2018, the FBI publicly indicated 
     that the Nunes memo is based upon the distortion of highly 
     classified information and contains ``material omissions of 
     fact that fundamentally impact the memo's accuracy'';
       Whereas on January 31, 2018, Chairman Nunes transmitted a 
     memo to the President that contained material changes from 
     the version that the Intelligence Committee approved on 
     January 29, 2018, and did so without a vote of the 
     Intelligence Committee to authorize that particular memo's 
     release, thereby failing to adhere to the procedures outlined 
     in clause 11 (g) of rule X and calling into question the 
     integrity of the legislative and committee process;
       Whereas the President's decision to declassify the Nunes 
     Memo on February 2, 2018 and allow the release of this highly 
     misleading memo was ``an unprecedented action,'' according to 
     the Department of Justice;
       Whereas House Intelligence Committee Republicans refused to 
     answer whether Republican Members or staff consulted or 
     coordinated with the White House in the preparation of the 
     Nunes memo;
       Whereas Administration officials, members of the national 
     security community and experts across the political spectrum 
     have debunked and denounced the Nunes memo since its 
     publication;
       Whereas on February 5, 2018 during the Intelligence 
     Committee's business meeting, a full week after voting to 
     release only the Committee Republicans' memo and not to 
     release a separate memo prepared by the Committee's Ranking 
     Member, the Committee finally voted unanimously to release 
     the memo by the Ranking Member;
       Whereas the record must be set straight by releasing for 
     public view after appropriate classification review the memo 
     prepared by the Ranking Member of the Intelligence Committee; 
     and
       Whereas this House must defend our national security and 
     intelligence before that of any political party or any 
     President's personal interest: Now, therefore, be it
       Resolved, That--
       (1) the House of Representatives disapproves of Chairman 
     Nunes transmitting a memo to the President over the objection 
     from the Federal Bureau of Investigation that it was 
     misleading and inaccurate and that contained material changes 
     from the version that the Permanent Select Committee on 
     Intelligence approved on January 29, 2018, without a vote of 
     that committee to authorize that particular memo's release, 
     in violation of clause 11 (g) of rule X of the Rules of the 
     House of Representatives; and
       (2) it is imperative that the House vote to call upon the 
     President to expeditiously seek review, by the Department of 
     Justice and the Federal Bureau of Investigation, and process 
     and release the memo by the Ranking Member of the Permanent 
     Select Committee on Intelligence, and that the President 
     declassify such memo without any redactions based on 
     political considerations, for the sake of America's national 
     security, the public interest, and the integrity of the 
     legislative process and ongoing investigations.

  The SPEAKER pro tempore. Does the gentlewoman from California wish to 
present argument on the parliamentary question of whether the 
resolution presents a question of the privileges of the House?
  Ms. PELOSI. Mr. Speaker, I do.
  The SPEAKER pro tempore. The gentlewoman is recognized on the 
question of order.

                              {time}  1645

  Ms. PELOSI. Mr. Speaker, I wish to explain why the House should 
consider this privileged resolution.
  Mr. Speaker, Members of Congress take an oath to support and defend 
the Constitution of the United States and protect the American people. 
The House majority and its leadership have abandoned that duty.
  It is imperative that the House vote to release the Democratic memo 
to set the record straight on Republicans' attempts to undermine the 
Russian investigation. It is also important to note that who knows what 
they have next.
  The majority's decision to release highly classified and distorted 
intelligence is profoundly dangerous and gives a bouquet to Putin. As 
the Department of Justice warned, the public

[[Page H832]]

release of the memo is an unprecedented action and extraordinarily 
reckless.
  The FBI also expressed grave concerns about the material omissions of 
fact that fundamentally impact the memo's accuracy. The memo prepared 
by the House Intelligence Committee's Democrats must be expeditiously 
released after review and appropriate redaction of sources and methods 
by law enforcement officials: the Justice Department, the intelligence 
community.
  The President must declassify the memo without any redactions based 
on any political considerations. This is an urgent matter of national 
security and intelligence.
  The SPEAKER pro tempore. The Chair has heard arguments on the 
question of order. The Chair is prepared to rule.
  The gentlewoman from California seeks to offer a resolution as a 
question of the privileges of the House under rule IX. The resolution 
resolves, in part, that the House take a certain vote and ``process and 
release'' a memo prepared by a Member of the House.
  In evaluating the resolution under rule IX, the Chair must determine 
whether the resolution affects ``the rights of the House collectively 
and its safety, dignity, and the integrity of its proceedings.''
  As the Chair has ruled in analogous circumstances, including, for 
example, on November 4, 1999, and on December 13, 2011, a resolution 
expressing the sentiment that the House should act on a specified item 
of business does not constitute a question of the privileges of the 
House.
  Accordingly, the resolution offered by the gentlewoman from 
California does not constitute a question of the privileges of the 
House under rule IX.
  For what purpose does the gentleman from Maryland seek recognition?
  Mr. RASKIN. Mr. Speaker, I have a parliamentary inquiry relating to 
the powers of the chairman of the House Intelligence Committee.
  Do the House rules in rule X, clause 11(g), which define----
  The SPEAKER pro tempore. The gentleman will suspend.
  For what purpose does the gentlewoman from California seek 
recognition?
  Ms. PELOSI. Mr. Speaker, I was hoping to hear the gentleman's 
parliamentary inquiry, but if the Chair is not going to allow that to 
be heard, 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

  Mr. McCARTHY. Mr. Speaker, I have a motion at the desk.
  The SPEAKER pro tempore. The Clerk will report the motion.
  The Clerk read as follows:

       Mr. McCarthy moves that the appeal 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.


                             Recorded Vote

  Ms. PELOSI. Mr. Speaker, I demand a recorded vote.
  A recorded vote was 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:
  Ordering the previous question on House Resolution 727, and
  Adopting House Resolution 727, if ordered.
  The vote was taken by electronic device, and there were--ayes 236, 
noes 190, not voting 4, as follows:

                             [Roll No. 57]

                               AYES--236

     Abraham
     Aderholt
     Allen
     Amash
     Amodei
     Arrington
     Babin
     Bacon
     Banks (IN)
     Barletta
     Barr
     Barton
     Bergman
     Biggs
     Bilirakis
     Bishop (MI)
     Bishop (UT)
     Black
     Blackburn
     Blum
     Bost
     Brady (TX)
     Brat
     Bridenstine
     Brooks (AL)
     Brooks (IN)
     Buchanan
     Buck
     Bucshon
     Budd
     Burgess
     Byrne
     Calvert
     Carter (GA)
     Carter (TX)
     Chabot
     Cheney
     Coffman
     Cole
     Collins (GA)
     Collins (NY)
     Comer
     Comstock
     Conaway
     Cook
     Costello (PA)
     Cramer
     Crawford
     Culberson
     Curbelo (FL)
     Curtis
     Davidson
     Davis, Rodney
     Denham
     Dent
     DeSantis
     DesJarlais
     Diaz-Balart
     Donovan
     Duffy
     Duncan (SC)
     Duncan (TN)
     Dunn
     Emmer
     Estes (KS)
     Farenthold
     Faso
     Ferguson
     Fitzpatrick
     Fleischmann
     Flores
     Fortenberry
     Foxx
     Frelinghuysen
     Gaetz
     Gallagher
     Garrett
     Gianforte
     Gibbs
     Gohmert
     Goodlatte
     Gosar
     Gowdy
     Granger
     Graves (GA)
     Graves (LA)
     Graves (MO)
     Griffith
     Grothman
     Guthrie
     Handel
     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
     Jones
     Jordan
     Joyce (OH)
     Katko
     Kelly (MS)
     Kelly (PA)
     King (IA)
     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
     Newhouse
     Noem
     Norman
     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
     Sanford
     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
     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

                               NOES--190

     Adams
     Aguilar
     Barragan
     Bass
     Beatty
     Bera
     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
     Cooper
     Correa
     Costa
     Courtney
     Crist
     Crowley
     Cuellar
     Davis (CA)
     Davis, Danny
     DeFazio
     DeGette
     Delaney
     DeLauro
     DelBene
     Demings
     DeSaulnier
     Deutch
     Dingell
     Doggett
     Doyle, Michael F.
     Ellison
     Engel
     Eshoo
     Espaillat
     Esty (CT)
     Evans
     Foster
     Frankel (FL)
     Fudge
     Gabbard
     Gallego
     Garamendi
     Gomez
     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.
     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
     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
     Payne
     Pelosi
     Perlmutter
     Peters
     Peterson
     Pingree
     Pocan
     Polis
     Price (NC)
     Quigley
     Raskin
     Rice (NY)
     Richmond
     Rosen
     Roybal-Allard
     Ruiz
     Ruppersberger
     Rush
     Ryan (OH)
     Sanchez
     Sarbanes
     Schakowsky
     Schiff
     Schneider
     Schrader
     Scott (VA)
     Scott, David
     Serrano
     Sewell (AL)
     Shea-Porter
     Sherman
     Sinema
     Sires
     Slaughter
     Smith (WA)
     Soto
     Speier
     Suozzi
     Swalwell (CA)
     Takano
     Thompson (CA)
     Thompson (MS)
     Titus
     Tonko
     Torres
     Tsongas
     Vargas
     Veasey
     Vela
     Velazquez
     Visclosky
     Wasserman Schultz
     Waters, Maxine
     Watson Coleman
     Welch
     Wilson (FL)
     Yarmuth

                             NOT VOTING--4

     Beyer
     Cummings
     Shuster
     Walz

                              {time}  1703

  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.


                          PERSONAL EXPLANATION

  Mr. BEYER. Mr. Speaker, had I been present, I would have voted 
``nay'' on rollcall No. 53, ``nay'' on rollcall No. 54, ``nay'' on 
rollcall No. 55, ``nay'' on rollcall No. 56, and ``nay'' on rollcall 
No. 57.

[[Page H833]]

  

                          ____________________