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“RAISING A QUESTION OF THE PRIVILEGES OF THE HOUSE” mentioning the U.S. Dept. of Justice was published in the House of Representatives section on pages H831-H833 on Feb. 6, 2018.
The Department is one of the oldest in the US, focused primarily on law enforcement and the federal prison system. Downsizing the Federal Government, a project aimed at lowering taxes and boosting federal efficiency, detailed wasteful expenses such as $16 muffins at conferences and board meetings.
The publication is reproduced in full below:
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 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:
AYES--236
AbrahamAderholtAllenAmashAmodeiArringtonBabinBaconBanks (IN)BarlettaBarrBartonBergmanBiggsBilirakisBishop (MI)Bishop (UT)BlackBlackburnBlumBostBrady (TX)BratBridenstineBrooks (AL)Brooks (IN)BuchananBuckBucshonBuddBurgessByrneCalvertCarter (GA)Carter (TX)ChabotCheneyCoffmanColeCollins (GA)Collins (NY)ComerComstockConawayCookCostello (PA)CramerCrawfordCulbersonCurbelo (FL)CurtisDavidsonDavis, RodneyDenhamDentDeSantisDesJarlaisDiaz-BalartDonovanDuffyDuncan (SC)Duncan (TN)DunnEmmerEstes (KS)FarentholdFasoFergusonFitzpatrickFleischmannFloresFortenberryFoxxFrelinghuysenGaetzGallagherGarrettGianforteGibbsGohmertGoodlatteGosarGowdyGrangerGraves (GA)Graves (LA)Graves (MO)GriffithGrothmanGuthrieHandelHarperHarrisHartzlerHensarlingHerrera BeutlerHice, Jody B.Higgins (LA)HillHoldingHollingsworthHudsonHuizengaHultgrenHunterHurdIssaJenkins (KS)Jenkins (WV)Johnson (LA)Johnson (OH)Johnson, SamJonesJordanJoyce (OH)KatkoKelly (MS)Kelly (PA)King (IA)King (NY)KinzingerKnightKustoff (TN)LabradorLaHoodLaMalfaLambornLanceLattaLewis (MN)LoBiondoLongLoudermilkLoveLucasLuetkemeyerMacArthurMarchantMarinoMarshallMassieMastMcCarthyMcCaulMcClintockMcHenryMcKinleyMcMorris RodgersMcSallyMeadowsMeehanMesserMitchellMoolenaarMooney (WV)MullinNewhouseNoemNormanNunesOlsonPalazzoPalmerPaulsenPearcePerryPittengerPoe (TX)PoliquinPoseyRatcliffeReedReichertRenacciRice (SC)RobyRoe (TN)Rogers (AL)Rogers (KY)RohrabacherRokitaRooney, FrancisRooney, Thomas J.Ros-LehtinenRoskamRossRothfusRouzerRoyce (CA)RussellRutherfordSanfordScaliseSchweikertScott, AustinSensenbrennerSessionsShimkusSimpsonSmith (MO)Smith (NE)Smith (NJ)Smith (TX)SmuckerStefanikStewartStiversTaylorTenneyThompson (PA)ThornberryTiptonTrottTurnerUptonValadaoWagnerWalbergWaldenWalkerWalorskiWalters, MimiWeber (TX)Webster (FL)WenstrupWestermanWilliamsWilson (SC)WittmanWomackWoodallYoderYohoYoung (AK)Young (IA)Zeldin
NOES--190
AdamsAguilarBarraganBassBeattyBeraBishop (GA)BlumenauerBlunt RochesterBonamiciBoyle, Brendan F.Brady (PA)Brown (MD)Brownley (CA)BustosButterfieldCapuanoCarbajalCardenasCarson (IN)CartwrightCastor (FL)Castro (TX)Chu, JudyCicillineClark (MA)Clarke (NY)ClayCleaverClyburnCohenConnollyCooperCorreaCostaCourtneyCristCrowleyCuellarDavis (CA)Davis, DannyDeFazioDeGetteDelaneyDeLauroDelBeneDemingsDeSaulnierDeutchDingellDoggettDoyle, Michael F.EllisonEngelEshooEspaillatEsty (CT)EvansFosterFrankel (FL)FudgeGabbardGallegoGaramendiGomezGonzalez (TX)GottheimerGreen, AlGreen, GeneGrijalvaGutierrezHanabusaHastingsHeckHiggins (NY)HimesHoyerHuffmanJackson LeeJayapalJeffriesJohnson (GA)Johnson, E. B.KapturKeatingKelly (IL)KennedyKhannaKihuenKildeeKilmerKindKrishnamoorthiKuster (NH)LangevinLarsen (WA)Larson (CT)LawrenceLawson (FL)LeeLevinLewis (GA)Lieu, TedLipinskiLoebsackLofgrenLowenthalLoweyLujan Grisham, M.Lujan, Ben RayLynchMaloney, Carolyn B.Maloney, SeanMatsuiMcCollumMcEachinMcGovernMcNerneyMeeksMengMooreMoultonMurphy (FL)NadlerNapolitanoNealNolanNorcrossO'HalleranO'RourkePallonePanettaPascrellPaynePelosiPerlmutterPetersPetersonPingreePocanPolisPrice (NC)QuigleyRaskinRice (NY)RichmondRosenRoybal-AllardRuizRuppersbergerRushRyan (OH)SanchezSarbanesSchakowskySchiffSchneiderSchraderScott (VA)Scott, DavidSerranoSewell (AL)Shea-PorterShermanSinemaSiresSlaughterSmith (WA)SotoSpeierSuozziSwalwell (CA)TakanoThompson (CA)Thompson (MS)TitusTonkoTorresTsongasVargasVeaseyVelaVelazquezViscloskyWasserman SchultzWaters, MaxineWatson ColemanWelchWilson (FL)Yarmuth
NOT VOTING--4
BeyerCummingsShusterWalz
{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.
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