December 8, 2017

Telephone Community Meeting

Thanks to those who joined us Tuesday for our telephone community meeting. If you weren’t able to participate but are interested in the discussion, we have posted an audio file on our website.

Impeachment

On Wednesday the House voted on a motion to table H. Res. 646, a Privileged Resolution to impeach President Donald Trump. Those casting a NO vote were voting to begin a debate on impeaching the President. As a lawyer I have approached impeachment deliberately and thoughtfully. Taking steps to impeach a President is a gravely serious matter. Practically and politically, I think most of us can agree that passing articles of impeachment in this House isn’t realistic at this moment in our history. But sometimes, it’s more important to follow your heart than to make a practical or political calculation. This is one of those times. I voted to begin a debate on whether this President has committed impeachable acts. It’s time to have an open, honest discussion about President Trump and his fitness for office. I voted NO. The House voted NOT to debate H. Res. 646 and the entire vote is recorded below:

Jerusalem

President Trump, who claims to be a “deal maker”, made peace between Israel and Palestine more unlikely — and an American role in resolving that tragic conflict almost impossible. Of course, Jerusalem is the de facto capital of Israel. Its Knesset, Supreme Court and government offices are there, as well as Israel’s major university, museums, and the Holocaust Memorial. That said, Trump chose an incomprehensibly bad moment to announce formal recognition and plans to move the US Embassy there. His action will unite the Muslim world against Israel and against peace. Only last week the House resolved to “commend Arab and Muslim-majority states that have taken steps to improve…relations with Israel.” The two most important are Egypt and Saudi Arabia whose Crown Prince has praised moderation and tolerance. Words are not deeds, but his words have been encouraging. Egypt is mourning the death of hundreds of Muslims slain at prayer by fanatics based in the Sinai Peninsula where Israel also has grave security concerns. Other Muslim-majority states too might have wished to explore peaceful relations with Israel. None will do that after this move by Trump. His recognition of Jerusalem as the capital of Israel changes nothing on the ground. It does not make Israel safer today and likely makes it less safe in the future. This is a rash, foolish gesture. It is not the action of the leader of the Free World.

Doing the Bidding of the NRA

On Wednesday the House considered H.R. 38, the Concealed Carry Reciprocity Act of 2017. This legislation is a National Rifle Association (NRA) priority. It is dangerous and irresponsible legislation and an insult to everyone who has lost a loved one to gun violence. Before I share with you the outrageous details of this bill, I want to underline the fact that the Republican controlled Congress has done NOTHING to strengthen our gun laws. Not after Orlando or Las Vegas or Sutherland Springs or any other gun tragedy. H.R. 38 requires all states to allow a person to carry a concealed weapon anywhere in the United States if they have fulfilled the requirements in their own state. If an Alabama resident may carry a concealed weapon in Alabama, H.R. 38 gives that person the right to carry a concealed weapon in every other state regardless of restrictions in place there. 12 states don’t even require their residents to have a permit if they want to carry a concealed gun. If you live in one of those states, H.R. 38 will let you take your gun anywhere in the country and keep it concealed on your person in parks, school yards, playgrounds, malls, places of worship, restaurants, sidewalks and on and on. It is unconscionable.

Keep in mind, House Republicans still haven’t managed to pass legislation prohibiting people on the terrorist watch list from buying a gun and they won’t put legislation banning bump stocks on the floor but they have the will to pass this. I voted NO. H.R. 38 passed and the entire vote is recorded below:

A Bipartisan Approach to SEC Registration

On Thursday the House considered H.R. 477, the Small Business Mergers, Acquisitions, Sales and Brokerage Simplification Act of 2017. This legislation eases requirements that mergers and acquisition brokers also register as broker-dealers with the Securities and Exchange Commission (SEC). As you can see, the legislation passed without controversy. It could have passed easily under suspension of the rules but Republican leadership needed to fill floor debate time while House and Senate negotiators try to finalize the tax bill they are desperate to pass by Christmas. It’s also a poor use of floor time with urgent priorities not getting the attention they need such as renewal of the Children’s Health Insurance Program (CHIP) or the National Flood Insurance Program (NFIP). I voted YES. H.R. 477 passed and the entire vote is recorded below:

Government Funding

On Thursday the House also considered H. Res. 123, the Continuing Appropriations Act of 2018. This legislation funds the federal government through December 22nd. The current CR expires today. Little will change between today and the 22nd. Republicans control the House, Senate and White House yet cannot agree on how to fund the federal government. Instead, they have directed virtually all of their attention to passing tax cuts for millionaires and corporations. I voted NO. The CR passed and the entire vote is recorded below:

Behind the Curtain — More House and Trump Administration Actions You Don’t Want to Miss

Here are this week’s additions. If you need to catch up or share with friends, you can find the full list here.

203. According to media reports, President Trump has interviewed candidates for U.S. Attorney positions in New York and in Washington D.C. This is not standard operating procedure, in fact, it is quite the opposite. Keep in mind Trump has significant business interests in New York and in D.C. and U.S. Attorneys would have jurisdiction over any investigations with those business dealings. There is also the matter of the Mueller investigation. It is quite possible, even likely, that charges related to that investigation would be considered in these venues. Federal prosecutors personally vetted by Trump could be making decisions that determine the trajectory of the Russia investigation, including issuing indictments. Federal prosecutors work for the people, not the President. By inserting himself so directly in this process, Trump is undermining the integrity and the independence of these offices.
204. Just after Thanksgiving we all learned exactly what President Trump’s love for the game of golf is costing us. Since taking office, Trump has spent 81 days at one of his golf properties. While this doesn’t mean he has golfed every one of those days, we do know he has played many times. This has cost the Secret Service about $150,000 in golf carts so they can be close enough to protect the President while he pitches and putts. No one is suggesting that the President does not deserve some down time but all indications are he is playing quite a bit of it. It’s worth pointing out that before he was President, Trump repeatedly criticized Obama for playing golf.
205. On Monday December 4, 2017 President Trump announced he was reducing the size of two national monuments in Utah. Bears Ears National Monument was reduced by 85% and the Grand-Staircase-Escalante National Monument was cut in half. There is great concern among conservation and environmental groups as well as Native American Indian tribes about the implications of such a sweeping reversal. There is also concern that the Administration will start to open some of the excluded land to commercial and business development including mining and extraction of oil and gas.
206. On Wednesday December 6, 2017 the Trump Administration sided against unions in a brief that the Office of Solicitor General submitted to the Supreme Court in the case of Janus v. American Federation of State, County, and Municipal Employees (AFSCME). The issue in question is whether unions are permitted to collect “fair-share fees” from employees who decide not to be union members. These fees cover collective bargaining expenses and other aspects of representing that employee, which unions are required by law to do. The money cannot be used for political purposes. Unions argue that they are required to represent the nonmember employee and the fees help cover the cost associated with that. The Trump Administration is siding with the plaintiff, and opposing the fees. Earlier this year I spoke to a large group of union members and warned them about actions just like this. The Administration’s position on this is one of many persistent quiet attacks on unions that might not make the top of the news cycle. However, if AFSCME loses this case, it will seriously threaten organized labor. It will allow individuals to receive raises in pay and improvements in working conditions gained through collective bargaining without contributing to the costs. It’s easy to see how many people could choose not to be a union member and therefore not pay any dues. Unions won’t be able to continue representing their members in negotiations or in grievance procedures without resources provided by paying members.

What’s Up Next

The next House votes are scheduled for Monday December 11th. The House is expected to consider the Republican tax bill.