“RAISING A QUESTION OF THE PRIVILEGES OF THE HOUSE” published by Congressional Record on May 12, 2009

“RAISING A QUESTION OF THE PRIVILEGES OF THE HOUSE” published by Congressional Record on May 12, 2009

Volume 155, No. 72 covering the 1st Session of the 111th Congress (2009 - 2010) was published by the Congressional Record.

The Congressional Record is a unique source of public documentation. It started in 1873, documenting nearly all the major and minor policies being discussed and debated.

“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 H5445-H5446 on May 12, 2009.

The publication is reproduced in full below:

RAISING A QUESTION OF THE PRIVILEGES OF THE HOUSE

Mr. FLAKE. Madam Speaker, I rise to a question of the privileges of the House and offer the resolution previously noticed.

The SPEAKER pro tempore. The Clerk will report the resolution.

The Clerk read as follows:

H. Res. 425

Whereas, The Hill reported that a prominent lobbying firm, founded by Mr. Paul Magliocchetti and the subject of a

``federal investigation into potentially corrupt political contributions,'' has give $3.4 million in political donations to no less than 284 members of Congress.

Whereas, the New York Times noted that Mr. Magliocchetti

``set up shop at the busy intersection between political fund-raising and taxpayer spending, directing tens of millions of dollars in contributions to lawmakers while steering hundreds of millions of dollars in earmarks back to his clients.''

Whereas, a guest columnist recently highlighted in Roll Call that ``. . . what the firm's example reveals most clearly is the potentially corrupting link between campaign contributions and earmarks. Even the most ardent earmarkers should want to avoid the appearance of such a pay-to-play system.''

Whereas, multiple press reports have noted questions related to campaign contributions made by or on behalf of the firm; including questions related to ``straw man'' contributions, the reimbursement of employees for political giving, pressure on clients to give, a suspicious pattern of giving, and the timing of donations relative to legislative activity.

Whereas, Roll Call has taken note of the timing of contributions from employees, the firm and its clients when it reported that they ``have provided thousands of dollars worth of campaign contributions to key Members in close proximity to legislative activity, such as the deadline for earmark request letters and passage of a spending bill.''

Whereas, the Associated Press highlighted the ``huge amounts of political donations'' from the firm and its clients to select members and noted that ``those political donations have followed a distinct pattern: The giving is especially heavy in March, which is prime time for submitting written earmark requests.''

Whereas, clients of the firm received at least three hundred million dollars worth of earmarks in fiscal year 2009 appropriations legislation, including several that were approved even after news of the FBI raid of the firm's offices and Justice Department investigation into the firm was well known.

Whereas, the Associated Press reported that ``the FBI says the investigation is continuing, highlighting the close ties between special-interest spending provisions known as earmarks and the raising of campaign cash.''

Whereas, the persistent media attention focused on questions about the nature and timing of campaign contributions related to the firm, as well as reports of the Justice Department conducting research on earmarks and campaign contributions, raise concern about the integrity of congressional proceedings and the dignity of this institution. Now, therefore, be it:

Resolved, that

(a) the Committee on Standards of Official Conduct, or a subcommittee of the committee designated by the committee and its members appointed by the chairman and ranking member, shall immediately begin investigation into the relationship between the source and timing of past campaign contributions to Members of the House related to the raided firm and earmark requests made by Members of the House on behalf of clients of the raided firm.

(b) The Committee on Standards of Official Conduct shall submit a report of its findings to the House of Representatives within 2 months after the date of adoption of the resolution.

The SPEAKER pro tempore. The resolution qualifies.

Motion to Table

Ms. SLAUGHTER. Madam Speaker, I move to lay the resolution on the table.

The SPEAKER pro tempore. The question is on the motion to table.

The question was taken.

The SPEAKER pro tempore. In the opinion of the Chair, the ayes have it.

Mr. FLAKE. Madam Speaker, I object to the vote on the grounds that a quorum is not present and make the point of order that a quorum is not present.

The SPEAKER pro tempore. Evidently a quorum is not present.

The Sergeant at Arms will notify absent Members.

Pursuant to clause 8 of rule XX, this 15-minute vote on tabling the resolution will be followed by 5-minute votes on motions to suspend the rules and agree to House Resolution 413 and House Resolution 378.

The vote was taken by electronic device, and there were--yeas 215, nays 182, answered ``present'' 15, not voting 21, as follows:

YEAS--215

AbercrombieAckermanAdler (NJ)AltmireAndrewsArcuriBacaBaldwinBarrowBeanBecerraBerkleyBermanBerryBishop (GA)Bishop (NY)BlumenauerBorenBoswellBoucherBoydBrady (PA)Braley (IA)Brown, CorrineCappsCapuanoCardozaCarnahanCarneyCarson (IN)ClarkeClayCleaverClyburnCobleCohenConnolly (VA)ConyersCooperCostaCostelloCourtneyCrowleyCuellarDahlkemperDavis (AL)Davis (CA)Davis (IL)Davis (TN)DeFazioDeGetteDelahuntDeLauroDicksDingellDoggettDoyleDriehausEdwards (MD)Edwards (TX)EllisonEngelEshooEtheridgeFarrFattahFilnerFrank (MA)FudgeGonzalezGordon (TN)GraysonGreen, AlGreen, GeneGriffithGrijalvaGutierrezHall (NY)HareHarmanHastings (FL)HeinrichHigginsHinojosaHironoHoldenHoltHondaHoyerInsleeJackson (IL)Jackson-Lee (TX)Johnson, E. B.JonesKagenKanjorskiKapturKennedyKildeeKilroyKissellKlein (FL)KratovilKucinichLangevinLarsen (WA)Larson (CT)Lee (CA)LevinLewis (GA)LipinskiLoweyLujanLynchMaffeiMaloneyMarkey (CO)Markey (MA)MarshallMassaMatsuiMcCarthy (NY)McCollumMcDermottMcGovernMcMahonMeek (FL)Meeks (NY)MelanconMichaudMiller (NC)Miller, GeorgeMoore (KS)Moore (WI)Murphy (CT)Murphy, PatrickMurphy, TimMurthaNadler (NY)NapolitanoNeal (MA)NyeOberstarObeyOlverOrtizPallonePascrellPastor (AZ)PaynePerlmutterPetersPetersonPingree (ME)Polis (CO)PomeroyPrice (NC)RahallRangelReyesRichardsonRodriguezRossRothman (NJ)Roybal-AllardRuppersbergerRushRyan (OH)SalazarSanchez, Linda T.Sanchez, LorettaSarbanesSchakowskySchauerSchiffSchraderSchwartzScott (GA)Scott (VA)SerranoSestakShea-PorterShermanShulerSkeltonSlaughterSnyderSpaceSpeierSprattStupakSuttonTauscherTaylorThompson (CA)Thompson (MS)TierneyTitusTonkoTownsTsongasVan HollenVelazquezWasserman SchultzWatersWatsonWattWaxmanWeinerWexlerWilson (OH)WoolseyWuYarmuthYoung (AK)

NAYS--182

AderholtAkinAlexanderAustriaBachmannBachusBartlettBarton (TX)BiggertBilbrayBilirakisBishop (UT)BlackburnBluntBoccieriBoehnerBono MackBoozmanBoustanyBrady (TX)BrightBroun (GA)Brown (SC)Brown-Waite, GinnyBuchananBurgessBurton (IN)BuyerCalvertCampCantorCapitoCarterCassidyCastleChaffetzChildersCoffman (CO)ColeCrenshawDavis (KY)Deal (GA)Diaz-Balart, M.Donnelly (IN)DreierDuncanEhlersEllsworthEmersonFallinFlakeFlemingForbesFortenberryFosterFoxxFranks (AZ)FrelinghuysenGalleglyGarrett (NJ)GerlachGiffordsGingrey (GA)GohmertGoodlatteGrangerGravesGuthrieHall (TX)HalvorsonHarperHellerHensarlingHergerHerseth SandlinHillHimesHodesHunterInglisIssaJenkinsJohnson (GA)Johnson, SamKindKing (IA)King (NY)KingstonKirkKirkpatrick (AZ)KosmasLamborn LanceLaTouretteLattaLee (NY)Lewis (CA)LinderLoBiondoLoebsackLucasLuetkemeyerLummisLungren, Daniel E.MackManzulloMarchantMathesonMcCarthy (CA)McCaulMcClintockMcCotterMcHenryMcHughMcIntyreMcKeonMcMorris RodgersMcNerneyMicaMiller (FL)Miller (MI)Miller, GaryMinnickMitchellMoran (KS)Murphy (NY)NeugebauerNunesOlsonPaulPaulsenPencePerrielloPetriPittsPlattsPoseyPrice (GA)PutnamQuigleyRadanovichRehbergReichertRoe (TN)Rogers (AL)Rogers (MI)RooneyRos-LehtinenRoskamRoyceRyan (WI)ScaliseSchmidtSchockSensenbrennerSessionsShadeggShimkusSimpsonSmith (NE)Smith (NJ)Smith (TX)Smith (WA)SouderSullivanTeagueTerryThompson (PA)ThornberryTiahrtTiberiTurnerUptonViscloskyWalzWampWestmorelandWhitfieldWilson (SC)WittmanWolfYoung (FL)

ANSWERED ``PRESENT''--15

Barrett (SC)ButterfieldCastor (FL)ChandlerConawayDentDiaz-Balart, L.Hastings (WA)Kline (MN)LathamLofgren, ZoeMyrickPoe (TX)WaldenWelch

NOT VOTING--21

BairdBonnerCampbellCaoCulbersonCummingsHincheyHoekstraIsraelJohnson (IL)Jordan (OH)Kilpatrick (MI)MollohanMoran (VA)Rogers (KY)RohrabacherShusterSiresStarkStearnsTanner

{time} 1900

Messrs. UPTON, KIND, GARY G. MILLER of California, CALVERT, GARRETT of New Jersey, McINTYRE, BRIGHT and BUYER changed their vote from

``yea'' to ``nay.''

Mr. YOUNG of Alaska and Ms. McCOLLUM changed their vote from ``nay'' to ``yea.''

Messrs. CHANDLER and BUTTERFIELD changed their vote from ``yea'' to

``present.''

Mr. WALDEN changed his vote from ``nay'' to ``present.''

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.

Stated against:

Mr. STEARNS. Madam Speaker, on rollcall No. 243 I was unavoidably detained. Had I been present, I would have voted ``nay.''

____________________

SOURCE: Congressional Record Vol. 155, No. 72

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