This week in the House was an ongoing battle over FISA and warrantless wiretapping. A bill revamping the program had gone through the House previously, and then the Senate had considered. The Senate added on amendments that would give telecom companies blanket ammunity, an idea House Democrats had previously rejected. As a result, House Republicans were trying to put the issue in most of the bills being presented. It was a lot of political games, and Adrian Smith followed right along with the party leadership.
The first thing that came up was a bill to expand the
Protect America Act of 2007 (the temporary FISA Bill from last year) for another 21 days, as it was expiring on February 16th. It was the old battle of Republicans accusing Democrats of supporting the terrorists, while Democrats argued that they wanted to insure civil liberties and the law was followed, and still go after terrorism. Republicans tried to get the Senate version of the bill into the extension, which failed. Smith made sure to support that, and also voted against the extension. In the end, the extension failed. However, even if the extension failed, the old FISA rules would still apply and not stop any needed work by the intelligence community, despite what Bush and the Republicans wanted anyone to believe.
The next big issue to occur was a vote on a
Contempt of Congress citation against Harriet Miers and Joshua Bolton. Both had been subpeonaed by Congress to testify on the firing of several US Attorney's after the 2006 elections. Congress was attempting to find out if there had been an abuse of power for political purposes. The White House was refusing to provide documents on the matter, and had told Miers and Bolton not to testify even though they were no longer employeed in the White House. As a result, they didn't show for the hearing. The resolution was also going to allow Congress to take legal action to enforce the subpeonas in the legal system, even if the Bush Administration directed the Justice Department not to cooperate in the enforcement.
Because Republicans were continuing to be angered over the FISA Bill that had passed the Senate, and also because they didn't want to support anything that held Bush Administration official in contempt, the large majority of them walked off the House floor and refused to participate in the vote. The irony was that they accused Democrats of playing political games - and this was after they played a game and walked out as a group to a bank of microphones to use political games in the media to make their point. It was all set up prior to the vote. Adrian Smith, of course, walk right in line with the other Republicans like a puppet on a string. The Contempt citation was passed in the end.
During the week, Smith made no statements, didn't sponsor any new legislation, and didn't cosponsor any new legislation.
The following week, starting 2/18/2008, the House was in recess, but Smith signed his name to a resolution. The resolution is an attempt to further insert that Christianity and the Bible were, and continue to be, a foundation of this nation. It's to establish an "American Religious History Week". Now, if this was to show the diversity of religion in this nation, it might be okay. However, this extensive resolution lays out very clearly the focus is on Christianity and makes no mention of any other religions. Given Smith's connection with the Religious Right (Jerry Falwell, Liberty University), it's a bill that appeals to his most ardent supporters. But it also shows he's more concerned with continuing to present an image, and not actually do anything that has a real impact on the daily lives of the people of the Third District. While people may have their faith and their beliefs, what does that do to help a family afford health care for their children? To pay their energy bills? To buy their groceries? To pay their mortgage? And what is Smith even doing about any of that?
ROLL CALL VOTESH.RES.976 - Providing for consideration of the bill (H.R. 5349) to extend the Protect America Act of 2007 for 21 days. This set forth the rules for consideration of
HR 5349. What followed were several moves by Republicans to stall and delay. They wanted to move forward, but at a snails pace.
Prior to consideration, a motion was made to
Adjourn.
Adjournment FAILED on a vote of 3-366-59.Shortly thereafter, another motion was made to
Adjourn.
Adjournment FAILED on a vote of 7-364-57.There were then
4 different votes just to pass the resolution. First there was
"ordering the previous question". Then a motion was made by Republicans to reconsider that vote, but Democrats countered with a vote to
"table" (not consider) that motion. A vote was then held to
"agree to the resolution". Republicans then tried to make a motion to reconsider that vote, but was countered by another vote to
"table" that motion. All 4 votes were
party line votes, with Democrats supporting the resolution, Republicans voting against it. As always,
Smith joined with his party.H.R.5349 - To extend the Protect America Act of 2007 for 21 days. This bill would amend the
Protection America Act of 2007, set to expire on February 16, 2008, by extending it another 21 days. This was the Act the dealt with the FISA courts. The argument going at the time was Bush accusing Democrats of not wanting to protect America. Republicans wanted to continue to let the Bush Administration to perform wiretaps without following the law. They also wanted to exempt telecom companies that gave information to the Bush Administration from any lawsuits that may be filed by citizens claiming civil rights violations. However, Democrats were wanting to give the authority to wiretap with the proper oversight in place, and wanted to prevent the Bush Administration from continuing to circumvent the law.
Prior to consideration, however, Republicans again stalled with a motion to
Adjourn. Once again, they didn't actually want adjournment, but wanted to simply delay moving forward by holding the vote.
Ajournment FAILED on a vote of 3-395-30.Those in support of this bill explained that the delays in the Senate on the House-passed RESTORE Act were a factor. The day before this vote, the Senate had then passed the new FISA bill with additions that were concerning. First, they provided blanket, retroactive amnesty for telecom companies that participated in warrantless surveillance programs. The additional time which an extension would provide would allow time to examine the legality of this matter. There continued to be concerns about the President's view that he can spy on American's without warrants and without real oversight. As Representative John Conyers stated on the floor,
"Congress is committed to providing the executive branch the tools it needs. But we need to do so to make sure that the power to spy on Americans is not subject to abuse or misuse. All of us in this body think that that is of paramount concern."Those opposed to this extension felt it would hurt the intelligence community (although keeping existing law in place is exactly what would be happening, and that was not hurting anyone at present). They felt it put national security at risk (but couldn't say just how that is). They wanted the Senate bill passed without further debate, and to forgo any conference between the House and Senate to debate differences in the bill. There was a lot of fear-mongering and assertions that this was aiding terrorists (yes, we've heard those for years: If you don't support Bush blindly, then you support terrorists).
At the end of debate a
Motion to Recommit was made.
The motion was to take the
full text of HR 3773 (the FISA Bill) that was passed in the Senate and put that in the bill
in place of the extension.Democrats objected, saying that the motion was not germane to the bill under consideration, that it goes beyond the scope, and should not be considered. Republicans argued that Democrats are using procede over substance and aren't prepared to protect Americans from terrorists (get real!).
The Chair then had to make a ruling:
The SPEAKER pro tempore. The Chair is prepared to rule.
The gentleman from Michigan makes a point of order that the motion to recommit offered by the gentleman from Texas proposes an amendment that is not germane to the bill.
Clause 7 of rule XVI provides that no proposition on a subject different from that under consideration shall be admitted under color of amendment.
The bill, H.R. 5349, extends the Protect America Act of 2007 for a limited time.
The instructions contained in the motion to recommit propose permanent changes in law.
A general principle of the germaneness rule is that where a bill is composed only of a temporary extension of existing programs, an amendment making permanent changes in law relating to such programs is not germane.
The Chair will note a relevant precedent. On December 2, 1982, the Chair ruled that an amendment permanently changing the organic law governing an agency's operation was not germane to a bill that merely provided a temporary authorization for the agency. This precedent is recorded on page 722 of the House Rules and Manual.
Therefore, in the opinion of the Chair, the instructions contained in the motion to recommit are not germane. The point of order is sustained.
The Republicans then made a
motion to appeal the Speaker's ruling. Democrats immediately countered with a
motion to table the appeal.
The
Motion to Table the Ruling was
PASSED on a
party-line vote of 222-196-10: Democrats for, Republicans against. This led to the final vote on whether to pass the bill.
H.R. 5349 then
FAILED on a vote of
191-229-9.
FOR: 191 Democrats
AGAINST: 34 Democrats, 195 Republicans
NO VOTE: 6 Democrats, 3 Republicans
Smith voted against the bill.H.CON.RES.293 - Providing for an adjournment or recess of the two Houses. This Concurrent Resolution would adjourn the House and Senate at the end of the week until Monday, February 25, 2008, with allowances for early recall should it be necessary.
The House
PASSED the the resolution of a vote of 215-203-10, nearly party-line. Democrats voted for it, Republicans against it.
Smith joined in voting against it with his party. In the Senate, it passed with no problems by Unanimous Consent.
H.RES.982 - Providing for the adoption of the resolution (H. Res. 979) recommending that the House of Representatives find Harriet Miers and Joshua Bolten, Chief of Staff, White House, in contempt of Congress for refusal to comply with subpoenas duly issued by the Committee on the Judiciary and for the adoption of the resolution (H. Res. 980) authorizing the Committee on the Judiciary to initiate or intervene in judicial proceedings to enforce certain subpoenas.H.Res.979 is a
Contempt of Congress citation against Harriet Miers and Joshua Bolton. They were both former members of the Bush White House staff, and were issued subpoenas by Congress to testify in hearings regarding the firing of the US Attorney's after the 2006 elections. If you recall, they were suspect and there was extensive evidence that the firings were the result of the US Attorney's refusing to use their office to play politics in the elections. Both Miers and Bolton failed to appear and refused to testify.
H.Res.980 would allow for legal proceedings to begin to enforce the subpeonas through the legal system.
Prior to considering the bill, however, a motion was made to
Adjourn.
Adjournment FAILED on a vote of 2-185-11.Then another motion was made to
Adjourn.
Adjournment FAILED on a vote of 2-400-26.Republicans were angered by this resolution. While they claimed that they believed Congress has a right to demand information from the Executive Branch, they didn't think it applied in this case. They said the US Attorney's were "at-will" employees, that could be fired for any reason by the President (of course, they didn't point out that such "firings" had never happened at this point in any other Administration and that there was clear indication it was politically motivated). They also claimed they weren't getting a chance to debate - while they were standing and debating the matter. The Republicans went back to the pending FISA bill that passed the Senate and wanted to focus on that instead.
House Speaker Nancy Pelosi spoke on the matter:
This is not a conflict that the Congress has sought. In fact, as the distinguished chairman of the Judiciary Committee has indicated, the committee has repeatedly sought to avoid confrontation, repeatedly making requests that have been ignored or rejected by the White House on completely unacceptable terms.
The Judiciary Committee, indeed the Congress, is clearly entitled to this information. It involves neither national security information nor communications with the President. The President has no grounds to assert executive privilege.
On the other hand, Congress has the responsibility of oversight of the executive branch. I know that Members on both sides of the aisle take that responsibility very seriously. Oversight is an institutional obligation to ensure against abuse of power, in this case the politicizing of the Department of Justice. Subpoena authority is a vital tool for that oversight.
Today, we seek to require the Department of Justice to bring contempt motions against Harriet Miers and Josh Bolten. When our resolution passes, we hope the administration will realize that this House of Representatives, this Congress, is serious about our constitutional role of oversight and will reach a settlement with us over the documents and testimony at issue. I still hold out the hope that they will cooperate.
But if the administration fails to do so, and if it orders the Department of Justice not to file contempt proceedings, we will then, through this resolution, have the power ourselves to go to Federal court and seek civil enforcement of our subpoenas.
The resolution before us today should not be a partisan issue. It should not be. This isn't about Democrats or Republicans. Former Congressman Mickey Edwards, who once served in the Republican leadership, has said that the enforcement of the subpoenas in the U.S. Attorney matter is about defending Congress, not a Democratic or a Republican Congress, but the people's Congress, as a separate, independent, and completely equal branch of government.
The subject of the Judiciary Committee's investigation involves serious and credible allegations that Federal law enforcement was politicized. Political manipulation of law enforcement undermines public confidence in our criminal justice system. Congress must find out what happened not just in terms of those who were fired but also whether improper criteria were used to retain the remaining U.S. Attorneys. We must have the information in order to protect against political manipulation of law enforcement, and it must be provided in terms consistent with our constitutional obligations.
House Majority Leader Stenny Hoyer added:
The issue before this body is not fundamentally whether the current administration acted properly and within the law when it dismissed seven U.S. attorneys in 2006, that may be the issue at some point in time, but unless we have the information to get to that point, such a question will be moot. Nor is this a partisan clash between a Democratic House and a Republican President. Rather, the basic issue before this House is this: whether this body and the committee system, which is central to our duties to perform meaningful and vigorous oversight, can simply be ignored by the executive branch when this body seeks testimony and documents relevant to an important public policy controversy.
As the New York Times noted this morning, ``If Congress fails to enforce its own subpoenas, it would effectively be ceding subpoena power. It would also be giving its tacit consent to the dangerous idea of an imperial President, above the law, and beyond the reach of checks and balances.''
Republicans were angered over this vote, and wanted to protest it, along with the delay in adoption of the new FISA bill. To do so, they took their ball and went home.
In other words.......
they walked out.The
Resolution was PASSED on a vote of
223-32-1-173.
FOR: 220 Democrats, 3 Republicans
AGAINST: 1 Democrat, 31 Republicans
PRESENT: 1 Republican
NO VOTE: 10 Democrats, 163 Republicans
Nebraska's Representatives chose politics over the Constitution.
Adrian Smith, Lee Terry and Jeff Fortenberry all walked out and did not vote. H.R.1834 - To authorize the national ocean exploration program and the national undersea research program within the National Oceanic and Atmospheric Administration.This would establish a program that the NOAA, in coordination with other programs around the country, would conduct an undersea research, exploration, education, and technology development program to increase scientific knowledge regarding management, use, and preservation of oceanic, coastal, and Great Lakes resources.
H R 1834 was then
PASSED on a vote of 3
52-49-27
FOR: 213 Democrats, 139 Republicans
AGAINST: 49 Republicans
NO VOTE: 17 Democrats, 10 Republicans
Smith voted FOR the program.----------------------------------------------
The remaining bills to receive votes were passed with little or no opposition:
H.RES.954 - Honoring the life of senior Border Patrol agent Luis A. Aguilar, who lost his life in the line of duty near Yuma, Arizona, on January 19, 2008.
H.RES.909 - Commemorating the courage of the Haitian soldiers that fought for American independence in the "Siege of Savannah" and for Haiti's independence and renunciation of slavery.
H.CON.RES.281 - Celebrating the birth of Abraham Lincoln and recognizing the prominence the Declaration of Independence played in the development of Abraham Lincoln's beliefs.
H.RES.960 - Congratulating the National Football League champion New York Giants for winning Super Bowl XLII and completing one of the most remarkable postseason runs in professional sports history.
H.RES.917 - Supporting the goals and ideals of National Engineers Week, and for other purposes.
H.RES.966 - Honoring African American inventors, past and present, for their leadership, courage, and significant contributions to our national competitiveness.
S.2571 - A bill to make technical corrections to the Federal Insecticide, Fungicide, and Rodenticide Act.
H.CON.RES.289 - Honoring and praising the National Association for the Advancement of Colored People on the occasion of its 99th anniversary.
H.R.4169 - To authorize the placement in Arlington National Cemetery of an American Braille tactile flag in Arlington National Cemetery honoring blind members of the Armed Forces, veterans, and other Americans.
H.RES.790 - Commending the people of the State of Washington for showing their support for the needs of the State of Washington's veterans and encouraging residents of other States to pursue creative ways to show their own support for veterans.
H.RES.963 - Supporting the goals and ideals of National Salute to Hospitalized Veterans Week, and for other purposes.
H.RES.972 - Supporting the goals and ideals of American Heart Month and National Wear Red Day.
FLOOR STATEMENTSAdrian Smith made no statements on the floor, nor submitted any for the record this week.
BILLS SPONSORED/COSPONSORED
Adrian Smith did not sponsor or cosponsor any new bills during this week.
ACTIONS DURING HOUSE ADJOURNMENTFor the week of 2/18/2008, the House was Adjourned. However, Smith decided to sign onto a resolution.
H.RES.888 - Affirming the rich spiritual and religious history of our Nation's founding and subsequent history and expressing support for designation of the first week in May as "American Religious History Week" for the appreciation of and education on America's history of religious faith.
This was
introduced back on 12/18/2007 by Republican Rep. Randy Forbes of Virginia.
Smith signed onto it on 2/19/2008.This resolution is one for many of the Religious Right. It highlights Christianity in the country, and is a long resolution. Here are some of the highlights:
Whereas political scientists have documented that the most frequently-cited source in the political period known as The Founding Era was the Bible;
Whereas the first act of America's first Congress in 1774 was to ask a minister to open with prayer and to lead Congress in the reading of 4 chapters of the Bible;
Whereas Congress regularly attended church and Divine service together en masse;
Whereas in 1776, Congress approved the Declaration of Independence with its 4 direct religious acknowledgments referring to God as the Creator (`All people are endowed by their Creator with certain unalienable rights, that among these are life, liberty and the pursuit of happiness'), the Lawgiver (`the laws of nature and nature's God'), the Judge (`appealing to the Supreme Judge of the world'), and the Protector (`with a firm reliance on the protection of Divine Providence');
Whereas the Liberty Bell was named for the Biblical inscription from Leviticus 25:10 emblazoned around it: `Proclaim liberty throughout the land, to all the inhabitants thereof';
Whereas in 1789, on the same day that Congress finished drafting the First Amendment, it requested President Washington to declare a National day of prayer and thanksgiving, resulting in the first Federal official Thanksgiving proclamation that declared `it is the duty of all nations to acknowledge the providence of Almighty God, to obey His will, to be grateful for His benefits, and humbly to implore His protection and favor';
Whereas in 1854 the United States House of Representatives declared `It [religion] must be considered as the foundation on which the whole structure rests ... Christianity; in its general principles, is the great conservative element on which we must rely for the purity and permanence of free institutions';
Whereas in 1864, Congress passed an act authorizing each State to display statues of 2 of its heroes in the United States Capitol, resulting in numerous statues of noted Christian clergymen and leaders at the Capitol, including Gospel ministers such as the Revs. James A. Garfield, John Peter Muhlenberg, Jonathan Trumbull, Roger Williams, Jason Lee, Marcus Whitman, and Martin Luther King Jr.; Gospel theologians such as Roger Sherman; Catholic priests such as Father Damien, Jacques Marquette, Eusebio Kino, and Junipero Serra; Catholic nuns such as Mother Joseph; and numerous other religious leaders;
Whereas America's first Presidential Inauguration incorporated 7 specific religious activities, including--
(1) the use of the Bible to administer the oath;
(2) affirming the religious nature of the oath by the adding the prayer `So help me God!' to the oath;
(3) inaugural prayers offered by the President;
(4) religious content in the inaugural address;
(5) civil leaders calling the people to prayer or acknowledgement of God;
(6) inaugural worship services attended en masse by Congress as an official part of congressional activities; and
(7) clergy-led inaugural prayers, activities which have been replicated in whole or part by every subsequent President;
Whereas President Andrew Jackson declared that the Bible `is the rock on which our Republic rests';
Whereas President Abraham Lincoln declared that the Bible `is the best gift God has given to men ... But for it, we could not know right from wrong'
Whereas President Ronald Reagan, after noting `The Congress of the United States, in recognition of the unique contribution of the Bible in shaping the history and character of this Nation and so many of its citizens, has ... requested the President to designate the year 1983 as the `Year of the Bible',' officially declared 1983 as `The Year of the Bible';
Whereas the first week in May each year would be an appropriate week to designate as `American Religious History Week': Now, therefore, be it
Resolved, That the United States House of Representatives----
(1) affirms the rich spiritual and diverse religious history of our Nation's founding and subsequent history, including up to the current day;
(2) recognizes that the religious foundations of faith on which America was built are critical underpinnings of our Nation's most valuable institutions and form the inseparable foundation for America's representative processes, legal systems, and societal structures;
(3) rejects, in the strongest possible terms, any effort to remove, obscure, or purposely omit such history from our Nation's public buildings and educational resources; and
(4) expresses support for designation of a `American Religious History Week' every year for the appreciation of and education on America's history of religious faith.
While a lot things highlighted were personal feelings of many in our history, my concern would be that this resolution would be yet another attempt to mesh government and religion (specifically Christianity) together. But signing onto it will appeal to those that want just that.