Floor Statements

Mr. Speaker, the Iraq defeat bill that this House has passed sets the day certain that American troops will leave Iraq. By doing so, Congress is trying to legislate ``defeat day'' no matter the consequences.

In other words, retreat, retreat, at any price, retreat. Quit, quit, at any price, quit. Withdraw, withdraw, at any price, withdraw. Flee, flee, at any price, flee. Surrender, surrender, at any price surrender.

Congress has changed the phrase, ``when the going gets tough, send in the U.S. Cavalry, send in the U.S. Marines,'' to, ``when the going gets tough, leave,'' leave in the darkness of the night and let the Iraqis go it alone.

I am sure there is joy in ``Desertville'' in the fanatical minds of the enemies of freedom. Mr. Speaker, war is hard. This war is hard. But we cannot neglect our duty because it is hard.

The stability of the region and our national security depend on our U.S. success in defeating the enemy. We need to make it hard on them. Give them a day to remember.

And that's just the way it is.

Madam Speaker, due to other Congressional business, I unfortunately missed recorded votes on the House floor on Monday, April 23, 2007.

Had I been able to vote that day, I would have voted ``yea'' on rollcall votes No. 245, 246, and 247.

Madam Speaker, to support National Crime Victims Week, the Washington Post printed an opinion piece submitted by a criminal defense lawyer that belittled victims of crime, implying that victims are what is wrong with the criminal justice system and our society.

It seems the op-ed writer does not believe the criminal justice system should pay any attention to victims. To him, crime victims should not be seen and not heard. However, the same Constitution that protects defendants also protects victims of crime.

Justice is viewed as a scale, a balance. As a former judge, I always balanced the rights of defendants with the rights of society to be safe and the rights of crime victims. A court of law is to seek justice, justice for defendants and justice for victims.

Sometimes defendants don't want justice, especially the guilty ones. They think it's Burger King, where they can have it their way. But justice is not having it your way. It's doing the right thing for the right reason. The right thing is for victims to be heard and present in our courts of law, and then let the courts weigh the rights of the defendants and victims to achieve justice so that we can have liberty and justice for all.

And that's just the way it is.

Mr. Speaker, in World War I, the U.S. and Allied victory was called Armistice Day. In World War II, it was called VE Day, Victory in Europe, and VJ Day, Victory over Japan. Now, this Congress has already proclaimed SI Day, Surrender in Iraq Day.

By proclaiming a day to the world that we plan to ``get out of Dodge,'' no matter the situation, no matter the consequences, because some lack the moral will to win defies commonsense and basic military logic. You never tell the enemy that you will retreat, much less give them the day, month and year.

I am sure that in the rat holes of Iraq where the cowardly enemy hide there is joy and laughter. Congress knows as much about running the details of a military operation as FEMA does about disasters.

Let the generals finish America's duty. We have the duty to give them the tools, weapons, money and the troops to take care of business.

General Stonewall Jackson allegedly faced the same complaints from the Confederate Congress and reportedly responded: ``Send more troops, not more questions.''

We cannot retreat and allow Surrender in Iraq Day to become part of our history.

And that's just the way it is.

Mr. Speaker, growing up in Houston, Texas, I always liked April 21 because it was a school holiday. I believed there was no school on that day because it was my mother's birthday and she never really told me differently. I was proud to be the only kid that had a mom with a school holiday.

It was only later that I came to find out the holiday also represented the most important day and most important military victory in Texas history, one that is studied in military schools throughout the world. It occurred near what is now Houston, Texas. It was a unique holiday for southeast Texas called ``San Jacinto Day.''

After Santa Anna, the Dictator of Mexico, invaded Texas with his massive army, and then stormed over the Alamo walls, killing William Travis, Davy Crockett, Jim Bowie, and the other Texas Volunteers on March 6, 1836, he went looking for the rest of the Texans that wanted independence from Mexico.

General Sam Houston had been building the Texas Army, and Santa Anna's three armies were giving chase. The Texas army and their families fled east in what historians call the ``runaway scrape.''

Finally, near the San Jacinto River and the Buffalo Bayou at Lynch's Ferry, Sam Houston stopped to fight. He and his army of 700 faced Santa Anna and his army of over 1,600 on the marshy plains of San Jacinto, Texas.

Scout Deaf Smith was ordered to burn the only escape bridge, thus trapping both armies between the river and the marshes.

It was April 21, 1836. General Sam wanted to charge into battle the next day at dawn, but decided not to wait any longer. So in the middle of the afternoon, General Sam and the Boys marched in single line in broad daylight with little cover towards the Mexican army.

The outnumbered Texans were an odd, terrifying-looking bunch. Without regular uniforms, they were dressed in buckskins, with pistols in their belts, bowie knives, long muskets, and tomahawks. They came from every State in the United States and from Mexico. The Tejanos, Mexicans loyal for Texas independence, were led by Captain Juan Sequin. So as not to confuse the Tejanos with Santa Anna's army, General Sam had Sequin put a playing card in the headband of each Tejano so they could be easily recognized.

This was General Houston's first Texas battle. Santa Anna's veteran army had yet to lose any battle. The Texans charged, yelling, ``Remember the Alamo! Remember Goliad!'' They carried a flag of a partially nude Miss Liberty, and the fife played a bawdy house song called ``Come to the Bower.''

Santa Anna army's, caught napping, was routed. Most of the enemy were killed or wounded. The rest were captured or disappeared. The victory was stunning. Only a dozen Texans were

killed. Santa Anna was captured, disguising himself in a private's uniform.

Texans wanted Santa Anna hung because of the Alamo and for murdering Colonel Fannin and his 300 volunteers at Goliad after they had surrendered to the Mexican army. Wise and politically astute General Sam Houston would have none of the lynching and spared Presidente Santa Anna for later bartering power.

Texas became a free and independent nation that day and claimed what is now Texas, and parts of New Mexico, Oklahoma, Kansas, Colorado and even Wyoming. It was one of the largest land transfers in world history as a result of just one battle. The latter land was sold to the United States to pay Texas' war debts. Texas was a republic for over 9 years, and then it was admitted to the Union in 1845 by 1-vote margin. Some now wish the vote had gone the other way.

In 1936, Texans built the San Jacinto Monument to honor the Texas War of Independence and General Sam's Victory. It looks exactly like the Washington Monument, but it has a star on top, and, of course, it is bigger.

Today, the bugles are silent and the battlefield is surrounded by petrochemical plants. Not much is said nowadays about Texas independence or San Jacinto Day. It is not even a school holiday anymore. But tomorrow, proud Texans will be at the San Jacinto Battleground to honor the few brave Texans and Tejanos that made Texas a new, free, independent nation.

We remember our past knowing we were a nation once, and sometimes we still act like an independent people and country. And the rest, they say, is Texas history.

I will fly the Lone Star flag proudly on San Jacinto Day, and I will take my mom a bunch of flowers, remembering that this glorious day was once a school holiday to celebrate my mother's birthday.

And that's just the way it is.

Madam Speaker, due to other Congressional business, I unfortunately missed a recorded vote on the House floor on Tuesday, April 17, 2007.

Had I been able to vote that day, I would have voted ``yes'' on rollcall vote No. 214.

Mr. Speaker: ``Just a truck driver and a daddy'' is how Mark Lunsford described himself before February 24, 2005. However, that night forever altered the course of his own life. A convicted sex offender snuck into the Lunsford home and kidnapped Mark's 9-year-old daughter, Jessica. For 3 weeks, Mark pled to the American public for Jessica's safe return, to no avail.

A sex offender was captured, confessed to the kidnapping, sexually assaulting, and killing Jessica by burying her alive. Mark's mission to protect our Nation's children from these predators became his life's ambition.

Using the local and national media, Mark has raised the awareness and the need to strengthen the laws to keep sex offenders from harming our kids. He has traveled from State to State campaigning for Jessica's Law, which includes harsher punishments for sex offenders. He was also instrumental in helping Congress pass the Adam Walsh Child Safety Act, which tracks child molesters.

Last night, Congressman Jim Costa and myself, on behalf of the Victims' Rights Caucus, were pleased to honor Mark Lunsford, this daddy, this truck driver, for his commitment to our Nation's children. After all, children are our greatest natural resource.

And that's just the way it is.

Mr. Speaker, I appreciate the opportunity and the time to make some brief comments on this legislation.

The debate has been, as said previously, lively and very good. And it is good that we are actually having a bill presented to this Congress where the issue is whether it is constitutional or not. Too often this House seems to run through legislation. A lot is mentioned, a lot is said on this House floor, but the issue of whether it stands muster with our Constitution is not said.

For the last 30 years, I have been in the legal profession, 8 years as a trial lawyer and 22 years as a trial judge in the State of Texas. And the issue always in court, especially in criminal cases, is: Is it constitutional what occurs in that courtroom? That is always the question of the day. And I think that is the question of today as well.

I respect the remarks of the majority leader on his comments about how important it is for the folks in Washington, D.C. to have the right to vote for a Member of Congress. I couldn't agree with him more. It is the moral decision as well as an appropriate decision for us to make, at some time.

But under this current piece of legislation, it is not constitutional, unless we want to take the word ``state'' in the U.S. Constitution and change it to something else. Now, that does happen with the Supreme Court from time to time; they give a new definition to the word. I don't know if they will give a new definition to the word ``state'' and apply it to the State of D.C. or not. We shall see, probably, if this legislation passes.

But I think the better avenue would be to file a constitutional amendment. No question about it. A constitutional amendment cannot be ruled unconstitutional even by our Supreme Court. And I think that is the better way to proceed. I think this piece of legislation for the reasons stated by many people is unconstitutional and it should not pass.

Let's do it the right way, the proper way, and of course the moral way: file a constitutional amendment.

Madam Speaker, Gloria Marshall is the well-respected principal of Spring High School in my district. I am proud to know her because she has devoted her entire life to education and to the well- being of our Nation's most important asset, our children.

Not only do the students admire her, but the parents and faculty of Spring High School cannot say enough about what she has done for the community.

Approximately 33 years ago, after receiving her bachelor's degree, Gloria took a teaching job for the nationally-recognized Spring Independent School District. While teaching at the high school, she earned a master's degree and later became principal.

Gloria's career has been highlighted by numerous awards both locally and at the state level. She was named Teacher of the Year at Spring Elementary School in 1979. In 2003, Spring ISD named her Secondary Principal of the Year. On a state-wide basis, she was named 2002-2003 Principal of the Year by Texas Region IV Education Service Center.

Under her guidance, The U.S. Department of Education has named Spring High School a ``Blue Ribbon School'' and also honored them with ``Drug Free School Recognition Awards.''

Not only is she a top-notch administrator in the education field, she is a faithful community servant who believes in helping local charities. For example, her school holds an annual food drive for Spring Assistance Ministries during the Christmas holiday. She encourages her students to collect thousands of pounds of food for the organization and to take responsibility in caring for their neighbors.

Gloria has an unwavering commitment to teach young people how to be responsible citizens and people of character.

The students of Spring High School are very fortunate to have such a dedicated principal who always has a positive attitude and commitment to excellence. She is a remarkable educator and an inspiration to all of us. That's Just the way it is!

Mr. Speaker, in 2005, Yvette Cade walked into the Maryland courtroom of District Judge Richard Palumbo to extend the restraining order she had on her estranged husband. She was tired of the abuse. She wanted ``an immediate and absolute divorce.''

Judge Palumbo, however, refused to grant the victim's request, made snide remarks and dismissed the assault case, including the protective order. Two weeks later, Yvette Cade's estranged husband walked into her place of business, doused her with gasoline, struck a match and set her on fire.

Miraculously, Yvette Cade survived this brutal attack. She received third-degree burns over 60 percent of her body, yet she refused to let her physical injuries silence her voice. She became an outspoken advocate against domestic violence, urging women in abusive relationships to leave. She has appeared on ``Nancy Grace'' and ``Oprah.''

During this National Crime Victims' Rights Week, we honor remarkable people like Yvette Cade who speak out for victims. Tonight, the Congressional Victims' Rights Caucus will award Yvette Cade the Unsung Hero Award for triumphing over her personal tragedy to become a victor rather than a victim.

And that's just the way it is.

Mr. Speaker, District Attorney Mike Nifong of North Carolina quickly prosecuted Duke University lacrosse players for an alleged sexual assault against a minority female. He sensationalized and fueled racial unrest, all to promote his reelection campaign. He made outlandish allegations, calling the players hooligans.

Forget the presumption of innocence or due process. Forget the facts.

Nifong is yet another example of a prosecutor gone wild, wild about publicity and win-at-all-costs mentality. Now the cases have been dismissed for lack of evidence.

The damage is to the innocent players who cannot get their reputations back. The damage is to the bona fide sexual assault victims who may be reluctant to prosecute. The damage is to Duke University who acted too hastily by suspending the players due to media hysteria. The damage is to those who are actual victims of crime based on race.

DAs who violate their oath to seek justice and then flaunt their power by relentlessly prosecuting people in spite of the facts, all to grab a headline, should be held personally liable in our courts and be accountable for their actions by removal from office and permanent suspension from the practice of law. There must be consequences for abuse of power.

And that's just the way it is.

Mr. Speaker, recent memos that have been released finally by the Justice Department regarding certain situations in the Federal Government, specifically in the U.S. Attorney's office, have revealed numerous things. No wonder the Justice Department fought releasing these e-mails and memos.

We now understand that the prosecution of Federal drug cases along the Texas-Mexico border has dropped dramatically. All the way from Texas to California, prosecutions of drug cases have dropped. In some places up to 25 percent of drug cases are not prosecuted that were prosecuted just a year ago. What is happening is the Federal Government is not able to prosecute drug smugglers, and they are asking the States to prosecute those cases.

Many States--especially those counties on the border with Texas and Mexico, same was true in Arizona and Mexico, New Mexico and California and Mexico--don't have the resources to prosecute all those drug cases.

So what is happening is many cases are dropping through the cracks, all because the Federal Government has dropped 25 percent of prosecution of drug smugglers into the United States because they say they are overwhelmed with cases.

How many cases are we talking about? What types of drug cases? Well, in some cases they are prosecuting cases of only 500 pounds or more of marijuana. Five hundred pounds, that is just a number. But we can relate it to money, and 500 pounds of marijuana is worth about $400,000. A drug smuggler smuggling in $400,000 worth of dope or less, in some cases is getting a pass by the Federal Government because they say they are too overwhelmed with the illegal entry into the United States by drug smugglers.

If the States don't prosecute those cases, as many States are not able to do, what is happening is those drug smugglers are getting a get-out-of-jail-free card.

Drug smugglers are not stupid. They can weigh their marijuana. So all they got to do, before they bring that dope into the United States, is make sure they have less than 500 pounds, because if they are caught by our border agents, the Federal Government won't prosecute them because the Federal Government says we have too many cases.

This is absurd; this is nonsense. This is chaos. Law enforcement is mad about this, and rightfully so. One former DEA official in the El Paso sector made the comment that if the Feds decline to prosecute, and the State lacks the resources to prosecute these drug smugglers, they just go free. You have people violating the drug laws who now get away with it in the United States, all because the Federal Government doesn't do its job. The job is bigger than prosecuting drug smugglers. The job is protect the borders, and our Federal Government doesn't do that.

They claim that they are not prosecuting drug cases because they are prosecuting folks that illegally enter the United States. But maybe that is not true either. These same memos now reveal that in the State of Texas an illegal coming into the United States has to be captured six times before they are actually prosecuted criminally for being in the United States.

What happens is if they are caught the first six times, they are just taken home. Of course, they come right back to the United States. They are not being prosecuted. In Arizona, sometimes it is up to 11 times illegals enter the United States before they are criminally prosecuted for being here illegally.

So what is the Federal Government doing? Well, we do know they are spending a lot of their time prosecuting border protectors. They are spending a lot of taxpayer money to make deals, back-room deals with drug smugglers so that they can prosecute the likes of border agents Ramos and Compean, deputy sheriffs like Gilmer Hernandez, individuals who are enforcing the law.

The Federal Government's duty is to protect the dignity of this Nation. It needs to protect the border from everybody coming into the United States illegally, no matter the reason, but especially those people who are criminals, especially those drug smugglers who bring drugs into the United States and make a profit off of that human weakness, and now giving them a pass, because they are not bringing in enough dope? This is absurd. Not prosecuting illegals until the sixth or eleventh time because we don't supposedly have the resources is absurd, and it is all because we don't protect the dignity of the United States.

Border control in this country doesn't seem to even exist. Third World nations protect their borders better than the United States, and the United States protects the borders of other nations like Korea. Why don't we protect our own border?

While all of this is going on down there on the lawless border of the United States and Mexico, now we hear about a new reform package, a comprehensive immigration plan that is supposed to have little border security, supposed to have a lot of amnesty and supposed to have a whole lot more guest workers in the United States. That is not going to work.

What we need is the National Guard on the border. We need to protect the borders, the dignity of the United States.

And that's just the way it is.

Mr. Speaker, the days of tax and spend are back. The new reform budget passed by the House just a few minutes ago actually is for more taxes, more spending. So Americans need to get out their checkbooks because they are going to be paying more because here is the deal:

This budget will increase tax rates on all Americans who pay taxes because the tax cuts will expire. It will cut the tax credit for children by half, and it will punish married people by taxing them more because they choose to be married. And it will also tax Americans when they die, literally tax them to death. This bill is the largest tax increase in American history. Furthermore, this fat and sassy bill increases wasteful spending.

We ought to be cutting taxes, cutting wasteful spending because that is the American way, that is the right way. Because Americans pay, they always pay, and they are going to pay a lot more.

And that's just the way it is.

``We shall not flinch or fail. We shall go on to the end. . . . We shall fight on the seas and oceans. We shall fight with growing strength in the air. We shall defend . . . whatever the cost may be. We shall fight on the beaches. We shall fight on the landing grounds. We shall fight in the fields and in the streets. We shall fight everywhere. We shall never surrender.''

These are the words of Sir Winston Churchill showing the dedication and determination of military warriors who fight for liberty. They never give up; and, of course, they never give in. Army Staff Sergeant Terrance Dunn was one of those soldiers.

Calling Atascocita, Texas, home, Staff Sergeant Dunn graduated from Pascagoula High School in Mississippi in 1987. In high school, he was known as the student always helping others.

In 1991, Staff Sergeant Dunn enlisted in the United States Army. He volunteered to serve this country and to become a part of an organization that accomplished great things. For him, the Army was his life.

For 16 years, Staff Sergeant Dunn devoted his life to protecting United States and its citizens from those who wanted to destroy us, freedom and liberty. He was always taking time to make sure that his Army uniform was in perfect shape, and he was proud of his service.

In one of the first letters he sent to his mother after enlisting into the United States Army, he told her that he was a real soldier now and he loved it.

Staff Sergeant Dunn was routinely away from the comforts and luxuries of home in Texas. He served tours of duty in Germany, Bosnia, Africa, South Korea, and, of course, two tours of duty in Iraq. He was committed to the service, he was committed to the American people, he was committed to his family, and he was committed to his duty.

As most military soldiers, Staff Sergeant Dunn was a very humble person about his service. He considered it an honor.

Family was one of the most important things to Staff Sergeant Dunn. He was the youngest of six children. He was close to all of his brothers and sisters and his numerous nieces and nephews. Even while amid the cannons of battle, he would call home to his family and check on them to see how they were doing, making sure they were okay.

Staff Sergeant Dunn was coming home to Texas in April, next month, after finishing that second tour of duty in that land far, far away that we call Iraq. He was assigned to the 210th Brigade Support Battalion, 2nd Brigade Combat Team, 10th Mountain Division. He was a mechanic for the United States Army and responsible for servicing vehicles and Army tanks. He was also tasked with fixing any broken equipment because he was a technological whiz. He could fix anything.

To his fellow soldiers, they called him the ``Dunnaman.'' If something needed done, Dunnaman did it, and it was given to him to do because they could always count on Staff Sergeant Dunn.

On February 2 of this year, Staff Sergeant Dunn called home to one of his sisters, checking on the status of the folks back home. With all the dangers of the Iraqi desert, his mind was always on his family. His sister had no way of knowing that that would be the last time that she spoke to her brother.

This is a photograph of Staff Sergeant Dunn taken shortly before his life was stolen from him. Because, several hours later, on patrol in Baghdad, an IED, an improvised explosive devise, hidden by faceless enemies that will not come out and fight, detonated near Staff Sergeant Dunn's patrol vehicle, killing this American warrior. He was 38 years of age.

Sergeant Dunn is the 18th American warrior associated with my southeast congressional district to be killed in this war in the deserts of Iraq and Afghanistan.

For his bravery and service to his people, Staff Sergeant Dunn was awarded the Purple Heart and the Bronze Star. He was brought home to Louisiana, his birthplace. Staff Sergeant Dunn was carried by his fellow soldiers in the Army Honor Guard, and he was laid to rest with full military honors.

Staff Sergeant Dunn was an American patriot. That is a word sometimes we don't like to use, but he was, and he was proud to be a patriot. He was a hero to his family, his fellow soldiers, and to us. He served his country for 16 years, and he accomplished great things in the United States Army.

And remember, Mr. Speaker, he, like all the people in Iraq and Afghanistan fighting for this Nation and for the Iraqi people, are volunteers. They asked to join the fight.

So God bless the Dunn family and God bless Staff Sergeant Dunn. He fought for our Nation. He defended liberty in lands far, far away. And he never surrendered.

In the words of George Orwell, ``We sleep safe in our beds because rough men stand ready in the night to visit violence on those who would try to do us harm.'' The American soldier.

And that's just the way it is.

Madam Speaker, as Maria Ortiz and her daughter Vanessa were driving down the Eastex Freeway in Kingwood, Texas, on Sunday afternoon, they were probably talking about the upcoming birth of Vanessa's baby boy Nathaniel.

Ignacio Gomez-Gutierrez was blasting down that same freeway in his pick-up truck. He came up behind Maria and Vanessa and slammed his truck into the back of their car, smashing the trunk into the front seat, killing them both, Maria, Vanessa and also Nathaniel.

Gomez-Gutierrez was three times the legal limit drunk. Witnesses who were following him driving stated that he was so drunk he could barely hold his head up.

After this coward killed the Ortizes, he fled from his pick-up and ran, but he was finally captured and held for the police by a bystander.

Gomez-Gutierrez had already been convicted three times for drunk driving, and he was an illegal from Mexico. But he had been never been deported after any of his convictions. If he had, Maria, Vanessa, and the baby would still be here.

How many more Americans and legal immigrants need to be killed before the Feds start deporting these criminal illegals?

And that's just the way it is.