Privileges of the House-Integrity of Proceedings of the House
PRIVILEGES OF THE HOUSE-INTEGRITY OF PROCEEDINGS OF THE HOUSE -- (House of Representatives - June 16, 2005)
Mr. NADLER. Mr. Speaker, I offer a privileged resolution (H. Res. 324) as to a question of the privileges of the House and ask for its immediate consideration.
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Mr. NADLER. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, it is with regret that I must rise again to invoke the privileges of the House and to defend the rules and the spirit of simple courtesy and cooperation. I do not enjoy taking the time of this House away from our important business to do so; but recent events, the willful and repeated disregard for the rules of the House, the persistent abuse of power by the chairman of the Judiciary Committee, and the flagrant abuse of the rights of the minority make this resolution necessary.
As I said the last time I came to the floor for this purpose, it is my fervent hope that this will be the last time it will ever be necessary for me or any other Member to offer such a resolution or to rise on a question of personal privilege. We should be spending our time dealing with the problems and concerns of the American people; but when a chairman abuses his power to stifle debate, Members of this House, both Republicans and Democrats, have a duty to defend the honor of this institution and the integrity of its proceedings. So long as power is abused, rules are ignored and broken and the rights of Members who represent millions of Americans are violated, this House cannot do its job properly. The American people are cheated of their right to an honest, open, fair, and democratic debate on issues affecting the future of our Nation. That is why we are here again today.
These are the facts: the minority is entitled by the rules to a day of hearings. It is a right rarely exercised, but it guards against the majority abusing its power to exclude competing views. Call it the fair and balanced rule. It is not the chairman's right to determine whether we deserve, in quotes, a hearing. It is not the chairman's right to decide whether his prior hearings were sufficient. It is not the chairman's right to decide whether what we say or think is acceptable or relevant. And it is certainly never the chairman's right to violate the rules in order to interfere with our right to conduct the hearing guaranteed to us by the rules.
The chairman is entitled to his opinions. He is not entitled to break the rules, to abuse his power and to impose his will. The chairman as a general rule permits only one minority witness in each committee or subcommittee hearing of the Judiciary Committee. I know of no other committee with this sort of restrictive rule. No matter what the issue, no matter how complex, no matter how many perspectives there might be, the chairman does not allow more than one minority witness.
On that basis alone, we have every right to insist on a day of hearings every time, a day of minority hearings, but we do not. Of course, that is when he allows hearings at all. In this Congress alone, the chairman has decided that we do not need hearings on such important issues as amendments to the Constitution, alleged mistreatment of detainees, and a rewrite of our bankruptcy code. These are hardly isolated cases. Is that the way we are supposed to do our job? No need for a hearing, the chairman wants to do it, so let's just do it. We do not need a hearing to look at the facts.
Members under the rules have the right to question each witness for 5 minutes apiece. We checked with the Parliamentarian. That is 5 minutes for each member for each witness. Yet the chairman repeatedly refused to recognize members. He consistently and abusively cut off members and witnesses in mid-sentence. It is the chairman's custom, to which we have not objected, to be fairly strict and after the 5 minutes are over to say, finish your thought or make your answer brief. That is fine.
In this hearing, because it was a minority-called hearing, he consistently cut off members and witnesses in mid-sentence, and rather rudely. In one case, when a member of the majority accused a witness of endangering American lives, the chairman refused the witness the opportunity to respond. Of course, the chairman did not limit himself to 5 minutes. He recognized himself for an additional 5 minutes toward the end of the hearing in order to deride the witnesses and the minority members of the committee without allowing any response.
Every Member of this House, Mr. Speaker, serves on committees and every Member of this House knows that this kind of abusive behavior is virtually unheard of. Witnesses should be treated with respect. So should colleagues. I thought we all knew that. The chairman refused to recognize members who were seeking recognition. He refused to recognize members who were attempting to raise points of order. Unacceptable. A clear violation of the rules. A plain abuse of power.
The chairman simply ended the hearing unilaterally. While members were seeking recognition and attempting to raise points of order, he simply ignored them and banged the gavel and got up from his seat. The rules require a motion to adjourn because hearings are not normally ended unilaterally by a chairman. We consulted with the House Parliamentarian who confirmed that an adjournment motion must be approved by the members of the committee unless there is unanimous consent. The fact that adjournment is not normally contested because it is not necessary because everybody agrees does not change the rules.
After the chairman unilaterally adjourned the hearing, while members were seeking recognition, while he refused to recognize those members seeking to raise points of order, the committee staff, either on the chairman's instructions or acting on their own accord, switched off members' microphones while we were attempting to speak, instructed the stenographer to stop recording the hearing and turned off the electronic transmission of the hearing. Again, the hearing was still proceeding because it had not been legally adjourned because there had been no vote and no unanimous consent. Thanks to C-SPAN, the rest of the hearing was recorded and broadcast so the chairman was unable to censor the minority and hide our thoughts from the American people, although he tried.
Can any Member recall a time when a member's microphone was turned off while he or she was speaking in a committee meeting? Mr. Speaker, it is fair to ask, why should a member of the majority or the public care about adherence to the rules in these respects or about the rights of the minority? The answer is simple. Every Member represents more than half a million American citizens. Every one of those Americans is entitled to a voice in our government. No one should ever be allowed to abuse the power of his office to silence opposing views or to disenfranchise millions of Americans from having their views represented simply because they chose representatives of the minority party.
The greatness of our Nation is our freedom to stand up for what we believe and to have everyone's voice heard in the halls of government. The arrogance of power, the abuse of power, the silencing of minority voices, is a direct threat not only to our rules but to our democracy and to our freedom. The rules of this House exist to protect our democracy. Every Member of this House, regardless of party, must stand up for this institution, for its rules, and for the democracy it represents.
That is why I urge the adoption of this resolution and why I hope such a resolution will never again be necessary in this House.
Mr. Speaker, I reserve the balance of my time.
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Mr. NADLER. Mr. Speaker, I yield myself the balance of my time.
The SPEAKER pro tempore (Mr. Thornberry). The gentleman from New York has 2 minutes remaining.
Mr. NADLER. Mr. Speaker, we are not here discussing the substance or the merits of the PATRIOT Act or the manner in which it was adopted 4 years ago or the sufficiency of the oversight of the PATRIOT Act by the Committee on the Judiciary. We will have plenty of time to discuss that on the floor in coming weeks. We are discussing the abuse of power and flouting of the rules by the chairman of the committee at the minority hearing on June 10.
What the chairman said today did not contest or dispute a single point or a single allegation or assertion in the resolution. He did not deny that he rigidly cut off witnesses, every witness, in mid-sentence, a practice unheard of normally in the Committee on the Judiciary.
He did not deny that he made several false and disparaging comments about members of the minority in violation of the rules.
He did not deny that he refused on numerous occasions throughout the hearing to recognize members of the minority party attempting to raise points of order.
He did not deny that he violated the rules by adjourning unilaterally and peremptorily the committee hearing while members were seeking recognition and seeking points of order.
He did not deny that his staff cut off our microphones and even the lights when we were attempting to continue the hearing that he had illegally attempted to cut off.
He says that I said that he chaired the hearing with an attitude of total hostility. Watch the C-SPAN tape, not the tape on the committee website, the entire tape on the C-SPAN website. You will see the accuracy of what I said.
This was unforgivable, it was undemocratic, it was tyrannical. It was demeaning to the House and it should not occur again. Regardless of how he normally chairs hearings, regardless of whatever may happen about the PATRIOT Act in the future, this was an exercise in tyrannical disregard of the rights of the members of the minority and the millions of Americans we represent.
It is intolerable, it is abusive, and, therefore, this resolution should be passed and it should not happen again.
Mr. Speaker, I yield back the balance of my time.
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