This Bodes Ill...
Politics
| August 3, 2007
| Tim
This would seem to be an unprecedented move towards undermining rule of law and process.
An outrage was committed on the House floor tonight. I still can't quite believe what happened.
While voting on a motion to recommit for the agricultural appropriations legislation, the presiding chair (who is a Democrat member) gaveled the vote closed. The tally was clear and the vote was over. The Republicans had won. Then, realizing what had happened - the Dems allowed just their people to keep voting to change the result. Let's be clear, this wasn't holding the vote open - they changed the results of a vote that was legally declared over.
Powerline links to Politico, where Patrick O'Connor says that Democrats then erased the record that the vote ever occurred! Holy subterfuge! What next? Removing those who disagree with them from office on a pretext of trumped-up charges?
Oh, sorry, that's not "next", that's happened already. But when the implausible case against Tom DeLay ("R-Sugar Land") was thrown out (by an "all-Republican Court of Criminal Appeals"), Texas State Prosecuting Attorney Jeffrey Van Horn (who, strangely, has no apparent political party affiliation whatsoever!) "filed a friend of the court brief saying the court erred in not upholding a conspiracy indictment against DeLay."
No, no push to rewrite the rules here, either:
The Court of Criminal Appeals in a 5-4 ruling in June refused to reverse a district judge's decision to throw out an indictment against DeLay alleging conspiracy to violate the Election Code.
To rule against DeLay would have required the court to overturn decisions that had been issued in 1976 and 1977 regarding how the state's conspiracy law applied to other statutes.
Though this article does (obliquely) mention that the rule DeLay violated was created a year after the fund transfer in question, the doesn't mention that the practice in question was used by both Democrats and Republicans. Nor do we hear any details as to why Ronnie Earl's indictment violated court rulings regarding the proper use of conspiracy charges.
All it takes for this kind of bad behavior to succeed is a group of officials willing to bend or even break the rules, and a press who doggedly won't inform us about the most pertinent information. Are these a series of unrelated incidents, or the just the tip of a trend which will further undermine the basic rule of law in our soon-to-be-former Republic?
I hope for the former -- and hope that the press will cover this most recent incident (though they'll probably be forced to do it by "right wing talk", and will be covered as a spat, treating the facts as mere allegations), and that a few decent people on the other side will show their outrage. But the lack of public comprehension on the DeLay indictment doesn't bode well.
All I can say is that it's a good thing DeLay didn't also slap someone's butt, or he'd be facing down felony assault charges and a decade or more behind bars.
Update: Apparently, erasing the record of failed votes has already become a "maddening and familiar pattern in the Democrat-controlled Assembly" of the state of California. Yet the above is an example of erasing a vote which passed.
Update 2: Malkin is on it. And she's attractive and fiery enough to get camera time (on Fox anyway), which means this is probably get some attention.
After a majority of the House initially passed the measure barring illegal immigrants from receiving taxpayer funded handouts, Democrat leaders stepped-in to strong-arm their politically vulnerable members into switching their votes in order to defeat the measure and deliver benefits for illegals.
Unfortunately for those Democrats who switched their votes, their actions were caught on tape.
It seems that both Republicans and Democrats were changing their votes back and forth. I don't know the Republican reasons for doing so, but it seems some Democrats were trying to kill the bill by a narrow margin (but not a wide one) since some of those Democrats voting against the bill would take heat for it in the next elections. The gavel banged down and there was a dispute over the final total. It's not that certain people weren't allowed to vote or that the voting was ended prematurely, but that there's a question as to where the final vote stood. Though considering Democrats got 237 votes after Republicans walked out it's pretty clear that the Democrats actually had sufficient votes to have their way if they chose to.
The MSM does seem to be offering at least a little coverage of this.
The floor confusion arose when, with the tally tied at 214-214, two politically vulnerable Democrats, Nick Lampson of Texas and Harry E. Mitchell of Arizona, went to the well of the chamber to switch their votes to “no.” The buddy system would prevent Democrats who voted “no” from being targeted as the deciding vote in future campaign ads. Moments later, three Cuban-American Republicans from south Florida, Ileana Ros-Lehtinen, Lincoln Diaz-Balart and Mario Diaz-Balart, moved to change their votes to “aye.”
The five vote switches were called out by the House reading clerk. The two Democratic changes put the tally at 212-216. Ros-Lehtinen’s switch made it 213-215. Lincoln Diaz-Balart evened it at 214-214, but a tie vote fails. As the reading clerk called out Mario Diaz-Balart’s new vote, the Speaker Pro Tempore, Rep. Michael R. McNulty, D-N.Y., banged the gavel, apparently unaware that the second Diaz-Balart’s vote had yet to be counted.
New House rules adopted by the Democrats in January stipulate that a vote may not be held open to manipulate the outcome. But it says nothing about closing a vote to do the same.
The new rule was an outgrowth of Democratic fury over the GOP holding open votes in recent Congresses to twist arms. The most memorable example was the 2003 vote on the Medicare prescription-drug conference report, which lasted three hours as House Republican leaders and then-Health and Human Services Secretary Tommy G. Thompson leaned on recalcitrant rank-and-file Republicans to change their votes.
Hoyer said Thursday night that Democrats did not violate that.
“In my opinion, the vote was held open too long,” he said. He said he moved to reconsider in the interest of fairness, rather than simply allowing the first vote to stand.
NYT article
People should only be allowed to vote once. Then maybe we wouldn't have these problems.
Ryan,
Thanks for the follow-up material!
It seems that both Republicans and Democrats were changing their votes back and forth.
I have no ire for any of the individuals (of either party) who changed their vote, when the opportunity presented itself. I think we all second-guess ourselves sometimes. Rather the procedure and/or leadership shocked me, as well as the record-expunging.
New House rules adopted by the Democrats in January stipulate that a vote may not be held open to manipulate the outcome. But it says nothing about closing a vote to do the same.
I'm not sure this argument makes any sense. The whole point in a vote being "closed" is that it's done, fini, over. That's what closed means.
It seems analogous to arguing that if the law says it's wrong to change your vote while an election is still running, well , hey, nobody said it couldn't be retroactively altered after the election had been "decided" -- and thus reverse the outcome...
The italicized argument strikes me as an attempt to justify the unjustifiable. And if it's not a problem to alter a closed vote when members change their mind, I don't see why we can't change it after it's closed when members haven't changed their mind, too.
I mean, I'm sure there's nothing that explicitly forbids that either, right? I'm sure the rules refer to votes being "closed", but who is to say that "closed" doesn't also permit that behavior also, eh?
Nothing except the normal understanding of the word, which is meaningless when you're arguing with Humpty Dumpty.
People should only be allowed to vote once.
I agree with you entirely on this point.
This doesn't sound like a group who was just following the rules...
McNulty, still in the chair, had to explain to Minority Leader Boehner (R-Ohio), during the parliamentary procedure that followed, that "the machine is down" — the machine that tells members what they are voting on and how they've voted. This drew groans, of course, since it was not hard to infer that it had been turned off after the crooked vote.
I wasn't a huge fan of Tom DeLay as Speaker. A bit too much like Trent Lott, in terms of being a Washington insider. But he knows the procedure. His comments:
The ruckus on the House floor last night that caused over 100 Republican members to storm from the chamber was an example of in-over-its-head Democratic majority trying to manage the floor, former Majority Leader Tom DeLay (R-Texas) said in an interview Friday afternoon.
“It is the continuing lack of understanding of how to run the House floor,” DeLay said. “Reopening a vote after it had been closed … it is a complete violation of House rules.”
DeLay also charged that Rep. Michael McNulty (D-N.Y.), who was in the chair at the time of the dispute, had violated rules by recognizing Majority Leader Steny Hoyer (D-Md.) after the vote was closed.
“Hoyer was not on the prevailing side; it is a violation of House rules for the chair to recognize him,” DeLay argued. He made the statement on the assumption that Republicans had won the vote after McNulty gaveled.
People have compared DeLay's holding the vote open for three hours to this recent action.
DeLay said the actions of the Democrats bore no resemblance to the decision of Republican leadership to hold open the 2003 Medicare vote for three hours.
“You may not agree with that, but it’s totally within House rules,” he said.
I agree: Certainly three hours is probably two beyond the usual period, but apparently there's no rule giving a time limit.
But to treat "closed" and "opened" as identical states renders the distinction meaningless -- and thus renders any rule which centers around either term meaningless.
One found a way to play within the rules in a way people hadn't thought of, the other simply embraced an interpretation (after the fact, I'd bet) which rendered the entire process of "closing" a vote utterly meaningless. In essence, they threw out a rule when it didn't suit them.
As I agreed with Ryan, above, I'm not nuts about the whole vote-changing thing anyway. I also believe votes should be anonymous until the voting is closed and the votes are counted.
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It seems that both Republicans and Democrats were changing their votes back and forth. I don't know the Republican reasons for doing so, but it seems some Democrats were trying to kill the bill by a narrow margin (but not a wide one) since some of those Democrats voting against the bill would take heat for it in the next elections. The gavel banged down and there was a dispute over the final total. It's not that certain people weren't allowed to vote or that the voting was ended prematurely, but that there's a question as to where the final vote stood. Though considering Democrats got 237 votes after Republicans walked out it's pretty clear that the Democrats actually had sufficient votes to have their way if they chose to.
The MSM does seem to be offering at least a little coverage of this.
People should only be allowed to vote once. Then maybe we wouldn't have these problems.
Posted by: Ryan W on August 3, 2007 10:00 PM