IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
Sklaroff, Robert B. .
.
vs. . Docket #:
.
United States House of Representatives .
Nancy D. Pelosi, Speaker .
COMPLAINT:
1. Robert B. Sklaroff is a United States Citizen and Taxpayer.
2. Nancy D. Pelosi is Speaker of the United States House of Representatives.
3. The Judicial Power of the United States extends to all Cases in Law arising under the Constitution and Laws of the United States [Article III, Section 2].
4. On August 2, 2007, as Rep. Mike McNulty (D-N.Y.) presided, the United States House of Representatives voted on a Republican-sponsored motion to recommit "with instructions" a Democrat-introduced Agriculture Appropriations Bill (H.R. 3161); this was a scheduled-vote, as per Majority Whip James E. Clyburn {Exhibit A}.
5. Chief Deputy Republican (Minority) Whip Eric Cantor {Exhibit B} wrote that the "Republicans moved to recommit the bill to committee, in order to add language prohibiting any taxpayer funds under the agriculture program [i.e., food stamps] from going to illegal immigrants." The motion to recommit was adopted 215-213 (as per the electronic tally) when Rep. McNulty gaveled the voting-period to have ended (believing that the motion had failed) and (incorrectly) announced the results ("214-214").
6. Rep. McNulty then violated House Rules (as well as every compendium of Parliamentary Procedure) when he unilaterally reopened the vote so as to permit time for Democrats who had voted for the Motion to be advised to switch their votes to "nay"; this action was contrary to the "Rule of Law" {Exhibit C} and sparked an unprecedented walk-out by Republican Congressmen after the Chair instantly honored a voice-vote and an up-or-down standing-vote to revote (which arguably did not reflect what transpired) but ignored a Motion to Adjourn offered by Minority (Republican) Leader John Boehner (which, according to parliamentary procedure, carries precedence over a proposed vote).
7. This sequence of events was broadcast on CSPAN per its web-site [http://www.c-span.org/homepage.asp] as a video-clip [javascript:playClip(clip05)] and subsequent floor debate was also preserved as a video-clip [javascript:playClip(clip07)]; subsequently, the Republican members explained why they had staged an unprecedented walk-off from the floor [javascript:playClip(clip03)], claiming violation of House Rules —rather than any other consideration (such as policy concerns) raised by the Democrats —by an "imperial majority" that reversed a "fundamental vote" won "on behalf of the American People…fairly and squarely" to block use of taxpayer dollars by illegal aliens.
8. Based upon another rendition of what transpired {Exhibit D}, the fact that a record of what transpired was inexplicably expunged from the official House record suggests that it is unlikely that this issue will be resolved prior to the House starting its Summer-Recess; thus, rather than this bill being referred back to committee, it will be sent to the Senate for concurrence, thereby yielding an illegal legislative act, the import of which was discussed extensively on the Internet, per excerpted {Exhibit E} postings.
9. As a taxpayer, pursuant to House Rules, Petitioner Sklaroff seeks relief from the Federal Judiciary which would entail proper referral of this piece of legislation; the provisions of H.R. 6131 to be deleted (were the Motion to Recommit to be honored) encourage illegal immigration and, thus, enhance the risks of terrorism and lawlessness, outcomes that directly affect adversely the ability of Petitioner Sklaroff to live securely.
10. As a citizen, Petitioner Sklaroff alleges personal injury that is traceable to the defendant's allegedly unlawful conduct and is likely to be redressed by the requested relief, in that the citizenry has the duty to invoke the Judiciary to oversight the Legislative Branch of government which, otherwise, would sustain an unlawful parliamentary action.
THEREFORE, It is respectfully requested that this Honorable Court order the Speaker of the United States House of Representatives, Rep. Nancy D. Pelosi (R., CA) to refer H.R. 3161to the Agriculture Committee—pursuant to the Motion to Recommit—so that it can be inter alia stripped of funding of Food Stamps for Illegal Aliens.
Respectfully Submitted,
Robert B. Sklaroff
Robert B. Sklaroff
1219 Fairacres Road
Rydal, Pennsylvania 19046-2911
[home]
Suite #130
50 East Township Line Road
Elkins Park, Pennsylvania 19027-2253
[office]
215-663-8200
8/6/2007
EXHIBIT A
This is an excerpt from the web-page of House Majority Whip James E. Clyburn; it contains two parts: Floor Schedule and Procedure and Bill Summary and Key Issues.
Omitted is any reference to the inclusion of providing fiscal support to Illegal Aliens (e.g., via food stamps). [http://democraticwhip.house.gov/daily_whipline/2007/08/02/].
·
H. Res. 599-Rule providing for further consideration of H.R. 3161– Agriculture, Rural Development, Food and Drug Administration, and related agencies appropriations bill, 2008 The structured rule provides for further consideration of H.R. 3161-making appropriations for Agriculture, Rural Development, Food and Drug Administration, and Related Agencies programs for the fiscal year ending September 30, 2008, and for other purposes. The rule provides that the bill shall be considered as read and that no further debate on any pending amendment shall be in order. The rule provides 30 minutes additional general debate and self executes the provisions in part A of the Rules Committee report: Furthermore, the rule makes in order only those amendments specified in Part B of the Rules Committee report. Finally, the rule provides one motion to recommit with or without instructions. Debate on the rule will be managed by Rep. McGovern, and consideration will proceed as follows:o
One hour of debate on the rule.o
Possible vote on a Democratic motion to move the previous question. Democrats are urged to vote yes on the motion.o
Vote on adoption of the rule. Democrats are urged to vote yes on adoption of the rule·
H.R. 3161– Agriculture, Rural Development, Food and Drug Administration, and related agencies appropriations bill, 2008 (Rep. DeLauro-Appropriations): Pursuant to the rule, debate on the bill will be managed by Appropriations Committee Chair Rep. David Obey, or his designee, and consideration will proceed as follows:o
Up to thirty minutes of debate on the bill.o
Debate and votes on amendments to the bill.o
Possible debate and vote on a Republican motion to recommit the bill.o
Vote on passage of the bill. Democrats are urged to vote yes on final passage.
H.R. 3161 - AGRICULTURE, RURAL DEVELOPMENT, FOOD AND DRUG ADMINISTRATION, AND RELATED AGENCIES APPROPRIATIONS ACT, 2008
Reinvesting in Rural America
Rural Housing Loans: $212.2 million, $176.3 million above the President’s request, to fund $5.1 billion in affordable loans to provide housing to low-income families in rural areas, with no increase in fees. The President’s budget had eliminated direct loans and shifted funding to guaranteed loans, increasing fees, making these loans more expensive and less accessible for low-income families. This will provide approximately 38,000 single family homeownership opportunities.
Homeownership for Rural Families: $40 million, $6.3 million above 2007 and $30.5 million above the President’s request, for grants to allow low-income families in rural areas to build their own houses. The ultimate goal is to double the number of participant families, from the 2002 level by 2010.
Housing for Farm Laborers: $46.6 million, $14.5 million above 2007 and $36.8 million above the President’s request, to fund $75 million in affordable loans and grants for housing for farm laborers, nearly doubling the 2007 target of financing or constructing approximately 2000 units.
Rural Community Advancement Programs: $728.8 million, $158.3 million above the President’s request, to support:
·
Community Facilities: $55.7 million, $31.2 million above the President’s request, for grants and loans to rural areas for critical community facilities, such as health care, educational, public safety and day care facilities.·
Clean Water: $573.1 million, $70.3 million above the President’s request and $18.1 million above 2007, for loans and grants for water and waste disposal systems, supporting $1 billion in loans. In 2006, 985 applicants needing $2.3 billion had their grant requests turned down.·
Business Loans and Grants: $100 million, $56.8 million above the President’s request and $15.6 million above 2007, for economic development in rural communities.Technology Access: $52.8 million, $14.2 million above 2007 and $28 million above the President’s request, for grants for distance learning, telemedicine, and broadband development in rural areas. This increase provides funding to double the broadband grant program and a 41 percent increase in distance learning and telemedicine grants to assist rural schools, learning centers, and rural communities in gaining access to improved educational resources, and assist hospitals and health care centers in gaining access to improved medical resources.
Protecting Public Health
Food Safety and Inspection Service: $930.1 million, $38 million above 2007 and matching the President’s request, addressing vacancies in federal meat inspector positions. Food and Drug Administration: $1.69 billion, $128.5 million above 2007 and $62 million above the President’s request, including increases to begin a transformation of food safety regulation, improve drug safety, monitor prescription drug advertisements and review generic drug applications.
Improving Nutrition
Commodity Supplemental Food Program: $150 million, $43 million above 2007 and eliminated in the President’s request, for food aid for women, infants, children, and the elderly. In 2007, program participation averaged 485,614 monthly. This amount would allow five new states to participate in the program and expand participation in existing states. Special Supplemental Nutrition Program for Women, Infants, and Children (WIC): $5.6 billion, $415.6 million above 2007 and $233.4 million above the President’s request, including $145 million to restore the President’s proposed cuts to grants that help states administer the program. 8.38 million Americans are expected to participate in the program next year.
Nutrition: $957.7 million, $45.5 million above 2007 and $69.7 million over the President’s request, for nutrition programs, including the Expanded Food and Nutrition Education Program ($68.5 million), Fresh Fruit and Vegetable and Simplified Summer Food programs ($26 million) to all states to provide nutritious foods to children in low-income families, and specialty crop grants to encourage more fruit and vegetable consumption ($10 million).
Transforming our Energy Future
Renewable Energy: $1.2 billion, $955.3 million above 2007 and $810.4 million above the President’s request, for bio-energy and renewable energy research and development, including loans and grants in rural areas.
·
Wind Energy: $500 million is included in the Rural Electrification and Telecommunications Loans Program for new wind energy projects.·
Business and Industry Loans: $350 million is targeted for biomass and renewable energy projects funded through the Guaranteed Business and Industry loan program.Supporting Conservation
Conservation Programs: $979.4 million, $127.6 million above 2007 and $154.7 million above the President’s request, for conservation efforts and community development.
This bill restores many of the programs slated for major reductions in the president’s request, including the Grazing Lands Conservation Initiative, Resource Conservation and Development, and the watershed programs which are funded $75 million – more than double last year’s levels.
Investing in Research
Animal and Plant Health: $874.6 million, $28.4 million above 2007 and $70.9 million below the President’s request, to fund programs that protect American agriculture against animal and plant diseases, such as avian influenza.
Oversight and Enforcement
Crop Insurance Integrity: $11.2 million, $5.4 million above 2007 and matching the President’s request, for a system to detect potential waste, fraud and abuse in crop insurance and farm loan programs, and an additional $1 million for Inspector General oversight in this area.
Ensuring Livestock Competition: $22.8 million, $2 million above 2007 and matching the President’s request, to enforce the Packers and Stockyards Act to assure fair competition and fair trade practices, safeguard farmers and ranchers, protect consumers and protect members of the livestock, meat, and poultry industries from unfair, deceptive, unjustly discriminatory and monopolistic practices. These funds provide for new agents and other professionals to strengthen enforcement and promote voluntary compliance. Enforcement Efforts at the Commodity Futures Trading Commission: $102.6 million, $4.6 million above 2007 for additional staff to enforce the agencies regulations.
IMPORTANT POLICY ITEMS
Animal Identification: Does not provide new funding for the program because USDA cannot justify money already appropriated. Drastic action is required as this program is far too important to be allowed to continue to flounder. The agency is directed to develop a detailed plan with measurable goals.
Conflicts of Interest on FDA Advisory Committees: Bars FDA from granting waivers for conflicts of interest rules to voting members of FDA advisory committees.
Food Stamp Benefits: Excludes special pay for military personnel deployed to designated combat areas when determining food stamp eligibility. The Food Stamp Program is provided at $39.8 billion, an increase of $1.7 billion over 2007 to meet increased participation. Rejects the Administration’s proposal to restrict eligibility for food stamps by excluding needy families who are receiving certain other services.
Imported Poultry Products from China: Prohibits USDA from establishing or implementing a rule allowing poultry products from China into the U.S.
Country of Origin Labeling: Sets a timeline for USDA to implement country of origin labeling.
Anticipated Amendments to H.R. 3161
Sessions. Strikes language from the bill prohibiting use of funds by the USDA Chief Financial Officer for "competitive sourcing" activities until the Secretary of Agriculture submits a report on the Department’s contracting out policies and budget. 10 minutes
Price (GA). Reduces funds provided in the bill for the Agricultural Research Service by $54,823,000. 10 minutes
Hensarling. Reduces funds provided in the bill for rural community facilities programs by $6,287,000. 10 minutes
Hensarling. Reduces funds provided in the bill for grants to finance broadband transmission in rural areas by $8,910,000. 10 minutes
Kingston. Strikes provision from the bill (section 726) relating to importation of prescription drugs. 10 minutes
Kingston. Adds language prohibiting use of funds to apply labor standards under the Davis-Bacon Act to contracts for construction of renewable energy systems. 10 minutes
Jordan. Reduces all discretionary appropriations in the bill by 5.5 percent. 10 minutes
Flake. Prohibits use of funds for an earmark contained in the committee report for the Catfish Pathogen Genomic Project in Auburn, AL. 10 minutes
Flake. Prohibits use of funds for an earmark contained in the committee report for grape genetics research in Geneva, NY. 10 minutes
Flake. Prohibits use of funds for an earmark contained in the committee report for the Alternative Uses of Tobacco (MD) grant. 10 minutes
Flake. Prohibits use of funds for an earmark contained in the committee report for the Ruminant Nutrition Consortium (MT, ND, SD, WY) grant. 10 minutes
Flake. Prohibits use of funds for an earmark contained in the committee report for the Wood Utilization (OR, MS, NC, MN, ME, MI, ID, TN, AK, WV) grant. 10 minutes
EXHIBIT B
This essay (downloaded from the Internet) depicted what occurred on August 2, 2007.
http://www.cantorforcongress.com/blog/
An Outrage on the House Floor
August 2nd, 2007: Posted by Eric Cantor
High drama on the house floor tonight. Dems brought an Agriculture appropriations bill to the floor greatly expanding government programs, yet again. Republicans moved to recommit the bill to committee, in order to add language prohibiting any taxpayer funds under the agriculture programs from going to illegal immigrants.
The Democrat chair closed the roll call when Republicans had won – as the electronic voting tally indicated enough votes to return the bill to committee. Shouting erupted on the floor, as the Democrats attempted to change the outcome of the vote after the gavel had come down – the vote was closed.
Republicans attempted to adjourn, but we were ruled out of order. Confusion set in as members waited at least five minutes for the chair’s decision.
Republicans members then began to leave the floor in protest, after Democrats proved they would go to whatever lengths necessary to further their agenda. A bad call by the chair, the vote was closed. Then the Democrats allowed their members to continue voting to change the outcome. An outrage. Is this a democracy or a dictatorship?
All but a few Republicans refused to vote on final passage since it became obvious that a fair vote would not happen.
UPDATE: Republicans are conferencing this morning after the travesty that occurred last night on the floor of the house. The overwhelming sense of the members is, we have to stand up and reject the Democrats’ manipulation of the rules of the house to further their attempts to thwart Republican efforts to stop government benefits from flowing to illegal immigrants. Republican house members are demanding that Democrats right their wrongs.
EXHIBIT C
This essay (downloaded from the Internet) depicted what occurred on August 2, 2007.
http://www.townhall.com/columnists/TomDeLay/2007/08/03/house_democrats_fail_democracy_101?page=full&comments=true#postComments
House Democrats Fail Democracy 101
By Tom DeLay
Friday, August 3, 2007
Last night on the House floor – that sprawling, brawling arena that was like a second home to me during my 22 year career in Congress – it seems pretty clear that a crime was perpetrated against the rule of law and the American people. A combination of arrogance and incompetence on the part of the Democrat leadership left the Rules looking like a prisoner at Abu Ghraib. Not bad for a Thursday night.
Here’s how it went down. The House of Representatives, like all democratic legislatures, provides for what is called a "Motion to Recommit." It’s one of the many minority rights built into the structure of the legislative process. Basically, a properly led majority party in the House – unlike in the Senate – can pass pretty much any bill it wants to. It can swat down minority amendments, or even disallow their introduction in the first place. In order to give minority members a semblance of dignity in such circumstances, they are usually permitted one more vote, before a major bill’s final passage, to send the bill back to committee. A good example of this would be a budget bill: Republicans don’t want to just vote against the Democrat budget, so they propose their own in the form of the motion to recommit, so at least they can have something they’re for. Now, because majority parties are in control of things and presumably have competent leadership, these procedural votes are typically formalities.
Until this year. In the seven months since the Democrats took control of Congress and, as now appears evident, elected the most incompetent speaker in American history, Republicans have passed one motion to recommit after another. They have cleverly written their motions so as to make it difficult for Democrats to cavalierly vote against them. Such was the case last night. Before the vote on the Agriculture spending bill for the next fiscal year, Republicans offered a nifty little motion to recommit so that illegal immigrants would not receive taxpayer funded government welfare. (My compliments to whoever thought that one up.)
Well, because a few of the Democrats can’t afford to have an ad in their next campaign saying he wanted to give illegal immigrants federal funds, Nancy Pelosi’s duct-taped majority sprung another leak. The motion to recommit, whose passage would scuttle the Democrats’ bill offering taxpayer benefits to illegal immigrants, was on the verge of passage, with 215 votes in favor and 213 votes opposed. Yet another ring was about to run around Pelosi and her bumbling leadership team.
Then it happened.
The presiding officer, the guy in the big chair with the gavel, was Democrat Congressman Michael McNulty, who would apparently make a compelling contestant on Are You Smarter Than a Fifth Grader?, gaveled the vote closed – repeat, closed – when it was 215 to 213. Republicans win. Except when McNulty got the tally from the Clerk and realized what happened, he and the Democrat leader conspired to "correct" their mistake, after the gavel had fallen.
Angry Republicans started asking questions, primarily one beginning with the words, "what" and "the". Republican Leader John Boehner stood up and asked the same question, politely, and all McNulty said was that the "voting machine is down." (The House’s electronic voting machine doesn’t just "go down", incidentally: it was more likely turned off to hide the evidence of the crime.) A few minutes of strange rustlings over on the Democrat side of the dais ensued until finally Rep. McNulty spoke up again and said, "The Chair prematurely called the vote at 214-214 [a lie], while there were votes being entered [illegal]. After all the cards [whose?] were added, the final [illegal] vote was 212 to 216, nay. Sorry suckers, it’s Schlitz O’Clock!" (Okay, I added the last part.)
Except here’s the thing. The vote was closed. Not open. Not ajar. Closed. The rules don’t allow for McNulty’s personal problem with premature e-gavel-ation. He screwed up and cost the Democrats the vote. But in Nancy Pelosi’s America, votes only count when Democrats win: so she cheated, and bent a once-proud and honorable political party into an instrument of despotism. Jaw-dropping as it may sound, it’s not an exaggeration to say that for a few minutes last night, the United States was not a representative democracy.
Democrats came out to the floor this morning, admitted they made an honest mistake, and suggested we let bygones be bygones. That’s all well and good, except for this: when a motion to recommit passes, no other votes are taken! The Agriculture bill is sent back to the House committee, not to the Senate for further action. And on top of that, the Democrats even tried to expunge the record. They’re hoping the American people don’t notice. In short, they think you’re even less on the ball than Congressman McNulty.
(And for those of you who are trying so desperately to compare it to the Medicare vote that was held open for three hours, I give you this. The House requires a minimum of 15 minutes for a vote; however, the vote can stay open as long as needed, until the strike of the gavel when the vote is properly tallied. That early morning in 2003, we won, fair and square. Democrats had every right to find it annoying – I would have in their shoes –, but what we did was no way illegal or unruly. What’s amazing is that after we took the Democrats to school for 12 years, they’d still rather cheat than learn.)
Tom DeLay is the former House Majority Leader, the second ranking leader in the United States House of Representatives, and co-author of No Retreat, No Surrender: One American’s Fight.
EXHIBIT D
This essay (downloaded from the Internet) depicted what occurred on August 2, 2007; here, the entries are provided as they were uploaded, in reverse-chronological order.
http://www.wakeupamericans-spree.blogspot.com/2007/08/democrats-are-erasing-house-votes-now.html
Friday, August 03, 2007
The Democrats are ERASING House Votes Now? Updated: BUSTED
[Major Update on top] The Corner tells us that they just replayed the whole thing on C-Span and the Democrats DID cheat!!!! (A huge thank you to Snooper from Take Our Country Back for the comment in comments section, alerting me to this whole story):
They just replayed the whole mess from the House last night on C-Span. I spoke to Novak and he doesn't remember anything quite like this happening before. Pretty outrageous, really. It is about as blatant an abuse of power as you can have in a legislative body, to cheat on a vote total.
Republicans were playing a game that the minority usually plays — you have your guys vote with the other side, then have them change at the last minute. This forces the majority to come up with votes quickly. Although on close issues they would rather spare their endangered members in swing districts and give them a free vote, the majority leadership then has to tell their endangered members to bite their tongues and vote the party line.
Two Democrats changed their votes to ensure that the measure would fail, but
then three Republicans did the same. The vote total was 215-213 in favor
of the Republican motion to recommit. At that moment, Rep. Mike McNulty
( D-N.Y.), who was in the Speaker's chair, gavelled out the vote, thinking
that it was a tie and the motion had failed. But he had miscounted — the
motion had actually passed. The Democrats were only able to change this
by cheating and changing more votes after the gavel.
[End Update]
[Update #2] (Via Hot Air) From The Hill we see that McNulty apologizes (Maybe because C-Span replayed the entire thing and the Dems knew they were busted?):
McNulty took to the floor Friday morning to apologize for his action.
"I want to express regret that I gaveled the vote too early," McNulty said
and apologized for his role in the confusion that rocked the House floor
last night.
McNulty gaveled the motion to recommit closed at 214 to 214, when the final vote tally on the board was 213 to 215 after Florida Republican Reps. Mario Diaz Balart, Lincoln Diaz Balart and Ileana Ros-Lehtinen changed their votes from a "no" to a "yes."
"We went to the front of the House [to change our votes],"Rep. Mario Diaz
Balart said, adding that the board had changed to the count of 213 to 215 in
favor of the motion to recommit, and that the gavel went down but McNulty
hadn’t seen the change.
"It stayed there for several minutes …then the votes started to change
again," he said, causing the vote to flip. "That’s when there was the
meltdown."
Let me repeat...BUSTED
[End Update #2]
[Update #3] An additional thought after watching the comments on C-Span about last nights fiasco, is the underlying issue behind that vote. It was the Republicans attempt to STOP ILLEGAL ALIENS FROM BEING GIVEN WELFARE, with us, the American people, footing the bill. It is an important issue. Our tax dollars should not be used to support illegal aliens, those that have broke our laws in coming here and are here illegally. Now, the Democrats think we should pay for their food-stamps and healthcare also? Nope, not happening. [Update ended]
I rarely do this, but because of how I titled this post, I am going to quote the last paragraph first, from Politico, then move along with the story.
When Democrats finally moved to consider the spending bill as the last vote of the night, furious Republicans left the chamber en masse to protest the maneuver. The House eventually recessed at 11:18 p.m. But Republicans quickly discovered that there was no longer any record of the controversial vote and immediately charged Democrats with erasing the bad result.
So, the Democratic politicians have hit a new low, even for themselves. If they
cannot win a vote, they will simply cheat.
No big surprise actually, but it is good their hands are being called on it:
In a massive flare-up of partisan tensions (video link courtesy Breitbart.tv), Republicans walked out on a House vote late Thursday night to protest what they believed to be Democratic maneuvers to reverse an unfavorable outcome for them.
The flap represents a complete breakdown in parliamentary procedure and an
unprecedented low for the sometimes bitterly divided chamber.
The rancor erupted shortly before 11 p.m. as Rep. Michael R. McNulty (D-N.Y.)
gaveled close the vote on a standard procedural measure with the outcome
still in doubt.
Details remain fuzzy, but numerous Republicans argued afterward that they
had secured a 215-213 win on their motion to bar undocumented immigrants
from receiving any federal funds apportioned in the agricultural spending
bill for employment or rental assistance. Democrats, however, argued the
measure was deadlocked at 214-214 and failed, members and aides on both
sides of the aisle said afterward.
One GOP aide saw McNulty gavel the vote to a close after receiving a signal
from his leaders – but before reading the official tally. And votes
continued to shift even after he closed the roll call - a strange
development in itself.
Whatever the final tally, acrimony quickly exploded between lawmakers on
either side of the aisle as Democratic leaders tried to plot a solution,
while parliamentarians on either side argued over protocol.
Wow.
The Corner has an e-mail that a house aide sent in, explaining things:
An outrage was committed on the House [last night].
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 change the results of a vote that was legally declared
over.
Rep. Cantor wrote a blog-post describing what happened.
This is an insult to our democracy, something that Stalin would recognize.
It is an unprecedented violation of our democracy that can not be allowed to
stand. Do we live in a democracy or a dictatorship?
And, what was so important that the Dems went to all this trouble — it was
vote to ensure that illegal immigrants couldn't get taxpayer funding in the
agriculture bill. The Dems are so opposed to this, that they would violate
our democracy.
EXHIBIT E
These essays (downloaded from the Internet) discussed what occurred on August 2, 2007; this compilation is excerpted from the complete "blog" download (EXHIBIT B). Here, syntax was altered to facilitate the ability to convey the facts regarding what transpired, and emphasis was added to identify the fact or legal concept that correlates with the brief.
http://www.townhall.com/columnists/TomDeLay/2007/08/03/house_democrats_fail_democracy_101?page=full&comments=true#postComments
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Radlad writes: Friday, August, 03, 2007 4:02 PM
…In last night’s case, the gavel signaled the end of the vote. Then they said the gavel swing was.... ....umm ..er... premature. Because they lost. Then lied about the voting machine broke then lied about the count. Now it’s ooops we goofed. It’s a mistake let forgive and forget….
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ICBMMan writes: Friday, August, 03, 2007 4:10 PM
OK, so Cheney said something stupid. Fine, but he’s not intentionally subverting votes. Let’s stick to the issue at hand. The Democrats subverted the vote, lied about the tally number, and reopened the vote to accommodate other Democrat votes. That’s complete incompetence, manipulation, and cheating on the system. Your Democrat retards are intent on giving illegals more rights while trampling the citizens of this country, and this bill is primary example of it. In addition, these dolts don’t even know how to carry out a proper vote.
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ICBMMan writes: Friday, August, 03, 2007 4:12 PM
Correction... In addition, these dolts don’t even know how to carry out proper voting procedure.
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Pionero writes: Pionero writes: Friday, August, 03, 2007 6:10 PM
The true title of this column should be:
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wildwest writes: wildwest writes: Friday, August, 03, 2007 7:41 PM
[Pelosi] has not reigned in earmarks or pork spending but still has no problem with fellow congressmen continuing to steal taxpayer dollars to fund their supporters and contributors….
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Spark writes: Friday, August, 03, 2007 8:17 PM
[T]his story is primarily a reporting of facts easily refuted if false. I’ve seen no Dems here refuting the events reported, so I have to assume that you accept them as true, and furthermore approve of your representatives derailing the democratic process set up in the House of Reps. Just imagine just for a moment that the article was authored by "Anonymous"; would you be ashamed of your party? As a Republican, I would be ashamed of Republican leadership if the shoe was on the other foot. That’s because I am an American citizen first and a Republican second. The actions described, if true (and I’ve seen nothing to refute it), are destructive no matter which side of the aisle perpetrates them. Frankly, the House losses in ‘06 were as much because Republican voters were fed up with their leadership and ceased support, as was because of an outpouring Dem votes. The behaviors to date of current Demo-cratic leadership is an embarrassment. This is not an attack on all Dems. But, sheesh, don’t stick up for crap behavior just because it’s "your team." Take a cold look at what is being done in your name. It’s time for all Americans to quit political bickering and one-upsmanship to hold all representative accountable for the ethical business of governance….
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john pearson writes: Friday, August, 03, 2007 8:43 PM
Do Democrats know what an ad hominem attack is? When one is unable to respond to the merits of the argument, one makes irrelevant attacks against the man presenting the argument (i.e. attacking two former members of Congress about a vote, presided over by Democrats, that occurred LAST NIGHT). Judging by the snarky jokes about bug exterminators, I get the impression Democrats feel this type of work, blue collar work, is beneath them. Apparently, Democrats feel "inconvenient truths" like the rule of law are beneath them, too. And the "everybody does it when they’re in power" argument is pretty pathetic, too. Show me ONE TIME when a Republican controlled Senate or House of Representatives EVER nullified a vote after the gavel--EVER. The ends justify the means for morally bankrupt Democrats. I would say to the Democratic leadership "What comes around, goes around." except I know the GOP cares too much about this nation’s sacred institutions to subvert the rule of law. A house divided against itself cannot stand. I think it’s time to show the Democrats the door- don’t let the Atlantic Ocean bite you in the butt on your way out the door. And by the way, I do question your patriotism.
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bryce2 writes: Friday, August, 03, 2007 9:01 PM
Gotta agree with the GOP here. While it hardly rose to the level of Delay’s shenanigans, this stinks to high heaven. Pelosi and company promised to have the most ethical Congress in history. I smirked then, now I guffaw. Yikes what w****s politicians are.
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GrandView writes: Friday, August, 03, 2007 9:36 PM
Excellent summation Mr. Delay. If the Dems can’t defeat their enemies legally, they’ll simply burn them down. If you don’t believe me ask the would-be minority leaders of the DNC. I hope minorities, seniors, union workers, the impoverished, the ill, the uneducated, the disenfranchised, the young, the illegals, and the rest of the Rainbow Coalition were paying attention to what happened last night. Hope they remember last night when they go to the polls and reflect on how little the Dems really care about their rights.
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bryce2 writes: Friday, August, 03, 2007 10:34 PM
[When your view is effectively challenged, you ignore the facts at hand and declare that the messenger is not worthy of a response….
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Maybe someone can inform me/us of similar events some of us are not aware of but I would say this WAS The Night America Died. If a Congressmen in that high of a position, who KNEW the cameras were on, committed such a BLATANT Act in front of God and Everybody, I’d say last night WAS The Night America Died. There are all kinds of conspiracy theories out there about the 2000 elections, the WTC and many others but those IF true were done covertly undercover. This WAS a BLATANT Act performed in Public. Somewhere in this Congressmen’s mind, he felt this was the RIGHT thing to do. He must have felt he could do it without retribution or consequences...similar to a psycho killer. If this IS where the thought processes of High Level Congressmen are America IS Dead. All the rest from here is just death twitches….
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dollface writes: Friday, August, 03, 2007 11:20 PM
Today’s Democrat party is a corrupt collection of losers, socialists, racists and criminals who have no intention of ever following the rules….
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Karl B. writes: Friday, August, 03, 2007 11:37 PM
[A]d hominem attacks are one of the weakest forms of argument. Only people who can’t find fault with the message attack the messenger. Did this incident remind anyone else of benchmark 16 that this congress demanded of the Iraqi parliament? "Ensuring that the rights of minority political parties in the Iraqi legislature are protected." That was actually one that they are making adequate progress on. By their own standards, I think it’s time to begin a phased withdrawal of House Democrats.
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food for thought writes: Saturday, August, 04, 2007 12:03 AM
I sincerely hope that those of you who are appalled with last night’s vote have e-mailed or called your representative to let them know your opinion of what happened. I also hope that those of you who are proud of what happened with last night’s vote have e-mailed or called your representative and let them know how proud you are of their vote. I have, now put your vote where your mouth is. Signed a disappointed American….
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poorgrandchildren.com writes: Saturday, August, 04, 2007 12:09 AM
"...for a few minutes last night, the United States was not a representative democracy." Words have consequences, and democracy leads directly to the conclusion that I can cram anything I choose down your throat if I can only get that 50.01%. For that reason, our Founders rejected de-mob-ocracy and mandated a constitutional republic. Why don’t we go back to the original plan and stop most of the democratic fights over whether the left or right wing of Control Freaks Unanimous is going to set the one-size-angers-all rules for everyone? http://www.poorgrandchildren.com.
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Uknow writes: Saturday, August, 04, 2007 12:18 AM
This Is MUCH worse and scarier than a failure of ethics. A failure of ethics is using campaign funds to buy a car or boinking your interns cuz you can. This guy may as well of struck a match to the Constitution with Tyrannical Malice. And if this High-Level Congressmen and Americans don’t realize this... God Help Us ALL
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York writes: Saturday, August, 04, 2007 12:58 AM
What the First Congress would say!
"Mankind are more disposed to suffer, while evils are sufferable, than to right themselves by abolishing the forms to which they are accustomed. But when a long train of abuses and usurpations, pursuing invariably the same object, evinces a design to reduce them under absolute despotism, it is their right it is their duty, to throw off such government." (The Declaration of Independence)
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macthemadman writes: Saturday, August, 04, 2007 7:17 AM
[W]hen things don’t work out, well you just don’t report it or you blame someone else for the mess you caused because you don’t have to be accountable and after all, the cause is more important than facts or truth. Truth is what you want it to be, not what it actually was or is. Works great!
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Gabby writes: Saturday, August, 04, 2007 7:45 AM
The gavel ends the business. The vote stands 215-213. This is something one expects from 3rd world banana republics, and now, as we see, from Democrats: the greatest evil in America. This is out and out tyranny and lawlessness.
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charlie writes: Saturday, August, 04, 2007 8:46 AM
…[T]he vote was ended, and the Democrats lost, period. Perhaps, the Democrats claiming "the voting machine" was "down" forgot the recorded vote on C-Span, as it was happening. If this bill goes on to the US Senate, then the question of its legality, under current US House rules, should also go to the US Courts.
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jkumpire writes: Saturday, August, 04, 2007 9:17 AM
Did Delay falsify a vote, No. Did he overturn the finished results of a vote, No. Did he work to keep a vote open for more than the usual 15 minutes, Yes. And if you morons watched C-Span for more than a YouTube minute, you will see that such things happened all the time when the Dems ran Congress before 1994. Delay has never been found guilty of a crime, despite his political opponents, and you Dems have a great way to justify your illegal activity, while making illegal you opponents’ activity. I am all for debate, I love to read opposing views, but at least you can find something relevant to say instead of throwing mud. This event on the floor of the House is awful and unprecedented. It is as bad as the caning of Senate members, and fist fights on the floor that broke out before Civil War. Any American no matter his or her political stripe should shudder in horror at that event the other night, and hope that Republicans are willing to follow the rules when they get the gavel back in ‘09.
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GarryB writes: Saturday, August, 04, 2007 9:32 AM
I wish some of you that are condemning Delay about his record had been watching CSPAN Thursday night as I was. I saw this spectacle first hand and was furious. The rule is indeed that the vote must be held for at least 15 minutes, but there is no duration limit, so this doesn’t compare to things that have happened in the past. The gavel did indeed drop, the numbers did indeed change after the gavel dropped. The numbers mystically disappeared from the screen (at 215-213) as soon as the gavel dropped and the speaker said the voting machine failed. It was pronounced "214-214 and the amendment failed." There was an open uproar, the Democrats motioned to recommit, another uproar, then the Republicans offered a motion to adjourn. That’s what really happened folks, despite what you want to believe about Tom Delay.
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Bob writes: Saturday, August, 04, 2007 9:48 AM
Thank you GarryB
Finally, a voice of calm reason.
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Tom writes: Saturday, August, 04, 2007 10:55 AM
Since the vote was illegal according to the article, how do we (as in We the people) bring this to attention and have the vote recast or struck down? This isn’t the time to bicker about Democrats or Republicans. Something was done illegally to the U.S. citizens tax dollars and We the People need to make Congress (no matter who is in control, be it Democrats or Republicans) follow legal courses of action.
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wildwest writes: Saturday, August, 04, 2007 11:05 AM
tom
Our only recourse is to keep track of the irresponsible acts and mis-deeds of Congress and vote the bums out the next election. If the voters know their congressman is a crook and they still return him to office, what can you do? Until people have determined the status quo must go, what a rallying cry, nothing will change in Washington.
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wally writes: Saturday, August, 04, 2007 11:10 AM
I don’t give a fig if it was reported on by an ax murderer. The question isn’t the reporter, but whether or not the report is true. C-Span has the evidence. If the House chair acted outside the House rules, it should be brought to account for it. If it goes to the Senate anyway, we the people should take them to court! It’s simple, and we don’t have to put up with it.
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funky p writes: Saturday, August, 04, 2007 11:14 AM
Yes if the vote was illegal, and yes, some thing should be done….
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Stormy writes: Saturday, August, 04, 2007 11:32 AM
I have been reading blogs for the last week and people never stay on the point of issue and meander off the trodden path. I’ll get and stay on-issue and make this very simple. Nation of Laws--Rule of Law: When voting on the recommit, the voting procedure is simple. You vote until the time allotted is done or until the gavel falls ending the voting. Done! Period! No simpler statement needs to be made! When they realized that they were losing, the Dems closed the voting with the banging of a gavel with the vote showing 215-213. End of issue for the Recommit it just passed. No simpler statement needs to be made! When they realised this they LIED. No simpler statement needs to be made! They reopened voting which they cannot do after the Recommit was passed...and it was passed…just so they could get more votes in an attempt to try to show they beat the already legally passed Recommit. No simpler statement needs to be made! Then they admitted that the did an oopsie and say let’s just let bygones be bygones and let’s forget that the Recommit passed, Americans are to stupid to know, and MSM will not betray us. ("Americans" comment was a personal statement by me on their thoughts.) No simpler statement needs to be made! THIS IS REAL SIMPLE! They broke the law and now want to ignore the fact that they, in their greed to appease illegal’s for votes, passed this bill with the striking of their mighty gavel and now they want a take-back. No simpler statement needs to be made! The second issue is as simple. The Recommit was for denying illegal immigrants access to the welfare program that is taxpayer-funded. They can’t get votes from these illegals if they let that happen; even if the illegal’s are voting illegally, the Demos don’t care because they know the vote will still get counted. As a Taxpayer, I refuse to fund the illegals’ welfare and that’s what this simple Recommit was about. No simpler statement needs to be made! …That being said….They broke the law and this Recommit was passed by the Demos themselves in their haste to help the illegals. This should outrage us all that they tried this and are now trying to say this legally passed. Recommit wasn’t passed. We should fire them all. No simpler statement needs to be made! Unless you want to keep paying for all these illegals welfare, than I suggest we barrage Congress with phone calls and letters to make sure this legally-passed Recommit stays in the bill as it was passed....Period! See it’s that simple if you stay on the issue.
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MyOpine writes: Saturday, August, 04, 2007 11:36 AM
WHAT DIFFERENCE DOES IT MAKE?
When the people were fed up with stupid Democrat incompetence before and voted the Republicans into power, the Republicans refused to take charge and just let Democrats keep on screwing up the Country.
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wiseone writes: Saturday, August, 04, 2007 11:46 AM
In his impromptu attempt to explain why he was changing the tally, McNulty said, "The Chair prematurely called the vote at 214-214, while there were votes being entered. After all the cards were added, the final vote was 212 to 216, nay." If the count was 215-213 when the Chair "prematurely" called the vote, how did entering or adding votes to that tally result in a final tally of 212-216. The original vote of 214-214 is a total of 418 votes. The final tally of 212-216 is also a total of 418 votes. So the Chair didn’t just illegally and/or mistakenly allow additional votes after the vote was "called." The chair actually entertained and allowed (caused?) votes to be changed after the final tally was in. The Democrats can’t even tell a plausible lie.
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Cuban Pete writes: Saturday, August, 04, 2007 12:06 PM
DNC = Democrat Neo-Communist
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