[Congressional Record Volume 165, Number 205 (Wednesday, December 18, 2019)]
[House]
[Pages H12114-H12115]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
RAISING A QUESTION OF THE PRIVILEGES OF THE HOUSE
Mr. McCARTHY. Madam Speaker, I rise to a question of the privileges
of the House and send to the desk a privileged resolution.
The SPEAKER pro tempore. The Clerk will report the resolution.
The Clerk read as follows:
H. Res. 770
Whereas Chairman Schiff and Chairman Nadler willfully and
intentionally violated the Rules of the House of
Representatives by abusing and exceeding their powers as
Chairmen of Committees;
Whereas, on September 9, 2019, without consultation of the
Ranking Minority Member, in violation of rule 9 of the Rules
of the Permanent Select Committee on Intelligence, Chairman
Schiff, in coordination with the Committees on Oversight and
Reform and Foreign Affairs announced a wide-ranging
investigation into the ``Trump-Giuliani Ukraine scheme'';
Whereas, on September 26, 2019, in an unprecedented action,
Chairman Schiff unilaterally released a redacted version of
the August 2019 whistleblower complaint;
Whereas, on September 26, 2019, in his opening statement at
a public hearing, Chairman Schiff engaged in a false
retelling of the July 25, 2019 telephone conversation between
President Trump and President Zelensky;
Whereas, on November 20, 2019, a letter was transmitted
from the Ranking Minority Member to Chairman Schiff
requesting, pursuant to House Resolution 660, the concurrence
of the chair to issue certain subpoenas;
Whereas, on November 20, 2019, after excusing the witnesses
at an open hearing, and without prior notice to the
Republicans on the Committee, Chairman Schiff announced that
the Committee had a ``business matter to take up'' and
convened an impromptu business meeting to consider the
Ranking Minority Member's November 20 request concerning
certain subpoenas;
Whereas, on November 20, 2019, Chairman Schiff violated
clause 2(g)(3) of rule XI of the Rules of the House of
Representatives, which states, ``The chair of a committee
shall announced the date, place, and subject matter of. . .a
committee meeting, which may not commence earlier than the
third calendar day. . .on which members have notice
thereof'';
Whereas, on November 20, 2019, Chairman Schiff's actions
further violated paragraph 4(B) of House Resolution 660,
which states, ``In the case that the chair declines to concur
in a proposed action of the ranking minority member. . .the
ranking minority member shall have the right to refer to the
committee for decision the question whether such authority
shall be so exercised and the chair shall convene the
committee promptly to render that decision, subject to the
notice procedures for a committee meeting under clause
2(g)(3)(A) and (B) of rule XI'';
Whereas, on November 21, 2019, pursuant to clause 2(j)(1)
of rule XI of the Rules of the House of Representatives, all
Republican Members on the Permanent Select Committee on
Intelligence wrote to Chairman Schiff demanding to call
witnesses at a minority day of hearings;
Whereas, subsequent to receiving the request for an
additional day of hearings by members of the minority party,
Chairman Schiff refused to schedule such hearings;
Whereas, on December 6, 2019, Chairman Schiff, without
consultation of the Ranking Minority Member, in violation of
section 3 of House Resolution 660, unilaterally transmitted
additional records and other materials to the Committee on
the Judiciary;
Whereas Chairman Schiff compelled the production of
documents from AT&T and Verizon and, in violation of clause
2(k)(6) of rule XI of the Rules of the House of
Representatives, publicly used these documents to smear the
personal attorneys of the President, a journalist, and to
create a false narrative about a sitting Member of Congress
and current and former congressional staff;
Whereas on multiple occasions in both closed-door
depositions and public hearings, Chairman Schiff abused his
power as chair by unilaterally restricting Republican lines
of questions and supporting witnesses' attempts to evade
answering Republicans' [or ``the minority's''] questions by
directing witnesses not to answer certain questions from
Republican Members and staff;
Whereas on multiple occasions in both closed-door
depositions and public hearings, Chairman Schiff abused his
power as chair by failing to follow proper parliamentary
procedure, failing to recognize Members who wished to raise
valid points of order, and repeatedly interrupting Republican
Members and staff when they controlled the time;
Whereas at the House Judiciary Committee's first hearing
pursuant to House Resolution 660, on December 4, 2019,
Chairman Nadler was furnished with a request for a minority
day of hearings, pursuant to clause 2(j)(1) of rule XI of the
Rules of the House of Representatives, signed by all
Republican Members of the Committee;
Whereas subsequent to receiving the request for an
additional day of hearings by members of the minority party,
Chairman Nadler refused to schedule such hearings;
Whereas Ranking Minority Member Collins furnished Chairman
Nadler with a letter reminding him of his obligation to
schedule a minority day of hearings, as requested by members
of the minority party, and Chairman Nadler ignored the letter
and failed to respond;
Whereas Chairman Nadler repeatedly misstated the rules,
misguiding members of the Committee and the American people,
and refused to rule properly on members' points of order
concerning the requested minority hearing day;
Whereas Chairman Nadler refused to consider the scheduling
of the minority hearing day during a committee meeting until
the markup of articles of impeachment;
Whereas in place of finding common ground with the
minority, Chairman Schiff and Chairman Nadler have constantly
disregarded the Rules of the House of Representatives and
ignored the fundamental rights of the minority; and
Whereas Chairman Schiff's and Chairman Nadler's actions and
abuses of power as chairmen of the Permanent Select Committee
on Intelligence and the Committee on the Judiciary have
willfully trampled on the rights of the minority in violation
of the Rules of the House of Representatives and brought
dishonor and discredit upon the House of Representatives:
Now, therefore, be it
Resolved, That--
(1) the House of Representatives strongly condemns Chairman
Adam B. Schiff for repeated and blatant abuse of power in a
way that is not befitting an elected Member of the House of
Representatives nor his position as Chairman; and
(2) the House of Representatives strongly condemns the
manner in which Chairman
[[Page H12115]]
Jerrold Lewis Nadler has failed to respond to the minority's
request for an additional day of hearings to consider the
impeachment of President Donald John Trump.
The SPEAKER pro tempore. The resolution qualifies as a question of
the privileges of the House.
Motion to Table
Mr. HOYER. Madam Speaker, I have a motion at the desk.
The Clerk will report the motion.
The Clerk read as follows:
Mr. Hoyer moves to lay the resolution 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
Mr. McCARTHY. Madam Speaker, I demand a recorded vote.
A recorded vote was ordered.
The vote was taken by electronic device, and there were--ayes 226,
noes 191, not voting 13, as follows:
[Roll No. 692]
AYES--226
Adams
Aguilar
Allred
Amash
Axne
Barragan
Bass
Beatty
Bera
Beyer
Bishop (GA)
Blumenauer
Blunt Rochester
Bonamici
Boyle, Brendan F.
Brindisi
Brown (MD)
Brownley (CA)
Bustos
Butterfield
Carbajal
Cardenas
Carson (IN)
Cartwright
Case
Casten (IL)
Castor (FL)
Castro (TX)
Chu, Judy
Cicilline
Cisneros
Clark (MA)
Clarke (NY)
Cleaver
Clyburn
Cohen
Connolly
Cooper
Correa
Costa
Courtney
Cox (CA)
Craig
Crist
Crow
Cuellar
Cunningham
Davids (KS)
Davis (CA)
Davis, Danny K.
Dean
DeFazio
DeGette
DeLauro
DelBene
Delgado
Demings
DeSaulnier
Deutch
Dingell
Doggett
Doyle, Michael F.
Engel
Escobar
Eshoo
Espaillat
Evans
Finkenauer
Fletcher
Foster
Frankel
Fudge
Gallego
Garamendi
Garcia (IL)
Garcia (TX)
Golden
Gomez
Gonzalez (TX)
Gottheimer
Green, Al (TX)
Grijalva
Haaland
Harder (CA)
Hastings
Hayes
Heck
Higgins (NY)
Himes
Horn, Kendra S.
Horsford
Houlahan
Hoyer
Huffman
Jackson Lee
Jayapal
Jeffries
Johnson (GA)
Johnson (TX)
Kaptur
Keating
Kelly (IL)
Kennedy
Khanna
Kildee
Kilmer
Kim
Kind
Kirkpatrick
Krishnamoorthi
Kuster (NH)
Lamb
Larsen (WA)
Larson (CT)
Lawrence
Lawson (FL)
Lee (CA)
Lee (NV)
Levin (CA)
Levin (MI)
Lewis
Lieu, Ted
Lipinski
Loebsack
Lofgren
Lowenthal
Lowey
Lujan
Luria
Lynch
Malinowski
Maloney, Carolyn B.
Maloney, Sean
Matsui
McAdams
McBath
McCollum
McEachin
McGovern
McNerney
Meeks
Meng
Moore
Morelle
Moulton
Mucarsel-Powell
Murphy (FL)
Nadler
Napolitano
Neal
Neguse
Norcross
O'Halleran
Ocasio-Cortez
Pallone
Panetta
Pappas
Pascrell
Payne
Perlmutter
Peters
Phillips
Pingree
Pocan
Porter
Pressley
Price (NC)
Quigley
Raskin
Rice (NY)
Richmond
Rose (NY)
Rouda
Roybal-Allard
Ruiz
Ruppersberger
Rush
Ryan
Sanchez
Sarbanes
Scanlon
Schakowsky
Schiff
Schneider
Schrader
Schrier
Scott (VA)
Scott, David
Sewell (AL)
Shalala
Sherman
Sherrill
Sires
Slotkin
Smith (WA)
Soto
Spanberger
Speier
Stanton
Stevens
Suozzi
Swalwell (CA)
Takano
Thompson (CA)
Thompson (MS)
Titus
Tlaib
Tonko
Torres (CA)
Torres Small (NM)
Trahan
Trone
Underwood
Vargas
Veasey
Vela
Velazquez
Visclosky
Wasserman Schultz
Waters
Watson Coleman
Welch
Wexton
Wild
Wilson (FL)
Yarmuth
NOES--191
Abraham
Aderholt
Allen
Amodei
Armstrong
Arrington
Babin
Bacon
Baird
Balderson
Banks
Barr
Bergman
Biggs
Bilirakis
Bishop (NC)
Bost
Brady
Brooks (AL)
Brooks (IN)
Buchanan
Buck
Bucshon
Budd
Burchett
Burgess
Byrne
Calvert
Carter (GA)
Carter (TX)
Chabot
Cheney
Cline
Cloud
Cole
Collins (GA)
Comer
Conaway
Cook
Crawford
Crenshaw
Curtis
Davidson (OH)
Davis, Rodney
DesJarlais
Diaz-Balart
Duncan
Dunn
Emmer
Estes
Ferguson
Fitzpatrick
Fleischmann
Flores
Fortenberry
Foxx (NC)
Fulcher
Gaetz
Gallagher
Gianforte
Gibbs
Gohmert
Gonzalez (OH)
Gooden
Gosar
Granger
Graves (GA)
Graves (LA)
Graves (MO)
Green (TN)
Griffith
Grothman
Guest
Guthrie
Hagedorn
Harris
Hartzler
Hern, Kevin
Herrera Beutler
Hice (GA)
Higgins (LA)
Hill (AR)
Hollingsworth
Hudson
Huizenga
Hurd (TX)
Johnson (LA)
Johnson (OH)
Johnson (SD)
Jordan
Joyce (OH)
Joyce (PA)
Katko
Keller
Kelly (MS)
Kelly (PA)
King (IA)
King (NY)
Kinzinger
Kustoff (TN)
LaHood
LaMalfa
Lamborn
Latta
Lesko
Long
Loudermilk
Lucas
Luetkemeyer
Marchant
Marshall
Massie
Mast
McCarthy
McCaul
McClintock
McHenry
McKinley
Meadows
Meuser
Miller
Mitchell
Moolenaar
Mooney (WV)
Mullin
Murphy (NC)
Newhouse
Norman
Nunes
Olson
Palazzo
Palmer
Pence
Perry
Peterson
Posey
Ratcliffe
Reed
Reschenthaler
Rice (SC)
Riggleman
Roby
Rodgers (WA)
Roe, David P.
Rogers (AL)
Rogers (KY)
Rose, John W.
Rouzer
Roy
Rutherford
Scalise
Schweikert
Scott, Austin
Sensenbrenner
Simpson
Smith (MO)
Smith (NE)
Smith (NJ)
Smucker
Spano
Stauber
Stefanik
Steil
Steube
Stewart
Stivers
Taylor
Thompson (PA)
Thornberry
Timmons
Tipton
Turner
Upton
Wagner
Walberg
Walden
Walker
Walorski
Waltz
Watkins
Weber (TX)
Webster (FL)
Wenstrup
Westerman
Williams
Wilson (SC)
Wittman
Womack
Wright
Yoho
Zeldin
NOT VOTING--13
Bishop (UT)
Clay
Gabbard
Holding
Hunter
Langevin
Omar
Rooney (FL)
Serrano
Shimkus
Van Drew
Woodall
Young
Announcement by the Speaker Pro Tempore
The SPEAKER pro tempore (during the vote). There are 2 minutes
remaining.
{time} 0959
Mr. GONZALEZ of Ohio changed his vote from ``aye'' to ``no.''
Mr. GARAMENDI changed his vote from ``no'' to ``aye.''
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.
____________________