Madam Speaker, this is been a long and, at times, tedious, but productive process. When we began last September, I said that I hoped our efforts would be ``truly bipartisan, and conducted in as . . . open a manner as possible.'' The…
Madam Speaker, this is been a long and, at times, tedious, but productive process.
When we began last September, I said that I hoped our efforts would be ``truly bipartisan, and conducted in as . . . open a manner as possible.'' The committee's transparency and level of collaboration had to reflect the deep commitment to this institution held by the individual members of this select committee. I believe we have stayed true to that goal, and have demonstrated, throughout the past year, that bipartisanship does exist, and more importantly, can work.
Norm Ornstein--an American Enterprise Institute Resident Scholar, and a Roll Call contributing writer--is someone I hold in high regard. In May, he reflected on the rancor and partisanship that had taken hold of the House, and in so doing, referenced our Committee. He wrote:
This week, indeed this whole month, will be a key test in
whether the political process in Washington can rise above
the dysfunction [and partisanship] that has been the norm . .
.
He went on to say,
That dynamic appears to be gelling on another front with
the emergence of public hearings on the ``stolen vote'' from
August of last year . . . It appears, though, that instead of
a long deliberative process creating a greater understanding
of the insensitivities and failings of both the majority and
the minority, and a determination on both sides to do better,
the result will be another wedge issue driving more distrust
and hostility between the parties.
I have long regarded him and his work with tremendous respect, for its insight and accuracy. However, I believe I can say that in this case, he was wrong, and we exceeded expectations. Against the apparent odds, we will be adopting, at the conclusion of this meeting, a single, bipartisan report of which I believe we can all be proud.
I must recognize and commend the Committee members, who are not just my colleagues, but are my friends, and with whom it has truly been an honor to serve. Mike Pence, the Ranking Member, has throughout this entire task brought a spirit of comity, collegiality and a genuine love of the institution; Steve LaTourette and Kenny Hulshof with whom I've worked before and whose integrity and familiarity with the issues before us served the committee well. Of course, my Democratic colleagues: Artur Davis, who took on the burden of serving as Vice- Chair, and thereby, a lead role in the investigation; and Stephanie Herseth Sandlin, who, as usual, brought adeptness, civility and focus to our work.
I also want to thank a number of other individuals for their critical guidance and assistance. Former House Parliamentarian Charlie Johnson, whose infinite wisdom on these matters provided a foundation for the committee's work, and whose continued consultation on the recommendations allowed us to submit a product that truly serves the institution. In addition, I want to thank Judy Schneider and Mike Koempel of CRS for their hours of assistance on our interim report, which charted the course of our investigation, and their invaluable support throughout.
In addition, we would not have been able to conduct an appropriately thorough investigation without the assistance and cooperation from the Clerk of the House, Lorraine Miller, and her staff; House Parliamentarian John Sullivan, and his staff; and the various leadership staff. They provided their time and effort without hesitation, and for that, we want to acknowledge and thank them.
The assistance provided by our outside counsel--King and Spalding's Tom Spulak and George Crawford on the Democratic side, and Dickstein Shapiro's Mark Paoletta and Andrew Snowdon, was exceptional. Each one of them has a long career of service to this House, and I am thankful that once again, the House received the benefit of their knowledge and dedication.
Lastly, I must praise the diligence and collaboration of the committee's professional staff. They dedicated the time and effort to see this effort through, while still carrying out their existing responsibilities in their primary offices. Mr. Davis' legislative counsel, Chanelle Hardy; Ms. Herseth Sandlin's Deputy Chief of Staff, Russ Levsen; Mr. LaTourette's Chief of Staff, Joe Guzzo, and Mr. Hulshof's Chief of Staff, Eric Rasmussen, and now Aaron Smith. I especially want to thank my legislative counsel, Davida Walsh, and Mike Pence's counsel, Josh Pitcock, who assumed the respective roles of Democratic and Republican staff director. I also want to extend my deepest appreciation to the committee's Democratic and Republican General Counsels, Muftiah McCartin and Hugh Halpern--from the House Rules Committee. They have been tireless in every capacity, and their extensive expertise has been invaluable.
Turning to the report, I believe it speaks for itself. What you will see when you read it--and we are suggesting that it be required reading for the entire Membership--JOKING--is that Roll Call 814 arose out of a confluence of factors that I will not repeat now--but that it was a ``perfect storm,'' if you will.
I believe that the core recommendation is the repeal of the new House rule added to clause 2(a) of rule XX at the beginning of the 110th Congress. For those who are unfamiliar, it is a single sentence that reads ``a record vote by electronic device shall not be held open for the sole purpose of reversing the outcome of such vote.'' As I have said before--I thought it sounded good at the time, so I'm saying it again--it is ``a rule that was enacted with a noble intent to curb other perceived abuses, but a rule that is, at best, difficult to enforce, and at worst, the catalyst for the raw anger that we observed on August 2nd.''
It is unworkable because, in the words of Mr. Johnson, ``others can claim to know because they have seen pressure brought to bear externally, but it is the Chair's intent as discerned by the Chair at the moment in time as the vote is being kept open,'' that is dispositive. Furthermore, it would be ``inappropriate to require the Chair to declare a reason for delaying a vote. However, without such a declaration, it would be virtually impossible to find a violation of the rule.
Worse than its impracticality, however, is the corrosive incentive the rule creates for the
membership to genuinely question the motives of their colleagues in the Chair. At a time when rancor and tension exist in the House chamber and when the parties increasingly view each other with suspicion, the rule acts to compound the negativity. I know that the rule was a good faith effort to infuse integrity and transparency into the voting process-- laudable goals that are not lost on anyone here; however, I guess what I'm saying is, its time to go back to the drawing board. I think all of us on this panel would be happy to share our thoughts--in detail-- should the leadership choose to take our recommendation.
I would just like to take a moment to speak about Mike McNulty, the man who was in the Chair during Roll Call 814. For quite some time but I would say now, more than ever, what is lacking in Washington is the willingness to admit mistake, acknowledge error, to be candid and forthright about a misstep. The irony, I think, is it's a rare person who doesn't find such an admission refreshing. However, our custom and practice tends to be: ``blame the other guy.'' Not Mike McNulty. He is special, truly exceptional, not just as a member and presiding officer, but as a human being. And while his character and integrity has long been recognized on both sides of the aisle, I think this incident has both magnified and confirmed this perception. We all know it was a most difficult moment for him. But he earned our respect not only for his apology to the membership, but for his conduct and candor with the committee as well. The Nation needs more Mike McNultys in Congress, and we're all grateful, and have been better served, by his willingness to resume his duties in the Chair. I just want to reiterate here today, the respect and admiration the members have for him.
It should be noted that during his interview with the committee, Republican whip, Roy Blunt told us that after August 2, he personally reached out to Mr. McNulty and told him that he ``should feel confident in his respect that the Members have for him personally.''
Similarly, the Republican Leader Boehner went to the floor on August 3--the next day--and said: ``I accept the regrets offered by my friend from New York. Having been in the Chair myself, I can understand how it can happen. He and I are friends. He is, in fact, one of the fairest Members who could ever be in the chair.''
And certainly, this view is echoed on the Democratic side of the aisle, as stated by our own Majority Leader, Steny Hoyer, who said: ``I believe Mr. McNulty is an extraordinarily honest person of high integrity . . . He's a wonderful human being.''
And while I commend Mr. McNulty for his honesty and his courage, I also want to suggest that even in error, he has made a contribution to this institution. As I've said in at least one of our prior meetings, none of us here sought this assignment, but I believe strongly that this committee's report is a benefit to the institution.
I am also hopeful that an even greater benefit has accrued. Many outside this committee viewed it with skepticism and cynicism. One the one hand, we would be the product of a political stunt, a microcosm of the partisanship and rancor in the House; on other hand, certainty that we would never meet, would never investigate or deliberate, and certainly never report.
To revisit Ornstein's article, he further stated,
[If we have] a House as deeply divided along partisan lines
as it was in the previous Congress--and a House with no
common denominator of trying to do something to solve the
problems we have at home and abroad . . . if we can't [reduce
this divide and distrust], the clear and urgent needs of the
country will be left to fester.
The issues we've examined in this committee--most notoriously, a botched motion to recommit on a bill that never became law--do not compare to the issues we're currently facing as a Congress, and as a Nation. However, in light of Mr. Ornstein's ominous warning, I am hopeful that what we've done here is to demonstrate that we've succeeded at what the people want and deserve--which is accountability, responsibility, and transparency; and the commitment, the wherewithal and the humility to put our heads together to solve the problems that confront us.