Providing for Consideration of H.R. National Commission to Investigate the January 6 Attack on the United States Capitol Complex Act; and Providing for Consideration of H.R. Emergency Security Supplemental to Respond to January 6th Appropriations Act, 2021
Floor Speech
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Mr. McGOVERN. Madam Speaker, by direction of the Committee on Rules, I call up House Resolution 409 and ask for its immediate consideration.
The Clerk read the resolution, as follows: H. Res. 409
Resolved, That upon adoption of this resolution it shall be in order to consider in the House the bill (H.R. 3233) to establish the National Commission to Investigate the January 6 Attack on the United States Capitol Complex, and for other purposes. All points of order against consideration of the bill are waived. The bill shall be considered as read. All points of order against provisions in the bill are waived. The previous question shall be considered as ordered on the bill and on any amendment thereto to final passage without intervening motion except: (1) one hour of debate equally divided and controlled by the chair and ranking minority member of the Committee on Homeland Security or their respective designees; and (2) one motion to recommit.
Sec. 2. Upon adoption of this resolution it shall be in order to consider in the House the bill (H.R. 3237) making emergency supplemental appropriations for the fiscal year ending September 30, 2021, and for other purposes. All points of order against consideration of the bill are waived. The bill shall be considered as read. All points of order against provisions in the bill are waived. The previous question shall be considered as ordered on the bill and on any amendment thereto to final passage without intervening motion except: (1) one hour of debate equally divided and controlled by the chair and ranking minority member of the Committee on Appropriations or their respective designees; and (2) one motion to recommit.
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Mr. McGOVERN. Madam Speaker, for the purpose of debate only, I yield the customary 30 minutes to the gentleman from Oklahoma (Mr. Cole), my friend, pending which I yield myself such time as I may consume. During consideration of this resolution, all time yielded is for the purpose of debate only. General Leave
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Mr. McGOVERN. Madam Speaker, I yield myself such time as I may consume.
Yesterday, the Committee on Rules met and reported a rule, House Resolution 409. The rule provides for consideration of H.R. 3233 to establish a National Commission to Investigate the January 6 Attack on the United States Capitol Complex Act, under a closed rule.
The rule provides 1 hour of debate equally divided and controlled by the chair and ranking minority member of the Committee on Homeland Security or their designees and provides one motion to recommit.
The rule also provides for consideration of H.R. 3237, the Emergency Security Supplemental to Respond to January 6 Appropriations Act, 2021, under a closed rule.
The rule provides 1 hour of debate equally divided and controlled by the chair and ranking minority member of the Committee on Oversight and Reform or their designees, and provides for one motion to recommit.
Madam Speaker, it has been 133 days since an angry mob of insurrectionists tried to stop the certification of a free and fair election in America. The question before us today is this: What are we going to do about it?
Some of my colleagues on the other side want to sweep this dark chapter under the rug. Just last week, one Republican said the events of January 6 resembled a ``normal tourist visit.''
Madam Speaker, I was here presiding over the House on January 6. People died that day. Police officers were beaten and bloodied. America's Capitol, the symbol of our freedom and the citadel of our democracy, was desecrated by a mob that wanted to invalidate an election. There was nothing normal about it.
It is not normal for a mob to break into this complex to try and hang the Vice President of the United States and harm other elected officials.
It is not normal for insurrectionists to try to stop the certification of an American election, one that judge after judge after judge said was free and fair. And it is not normal for Congress to respond by doing nothing. That is why we are considering the underlying legislation contained in this rule. It will establish a bipartisan 9/ 11-style commission to investigate what happened, a commission led not by politicians, but by experts.
Now let me say this plainly: A vote for this commission is a vote to make sure this never happens again. And I want to recognize the incredible work of the chairman and ranking member of the Committee on Homeland Security in navigating this truly bipartisan deal. It is one that will keep the focus where it should be, solely on the events of January 6. And I look forward to the Commission's report at the end of the year. But the truth is, we cannot wait until then to fix what we already know needs fixing.
We need to upgrade the physical safety of this and other Federal buildings. We need to increase security in district offices, repay the National Guard for their service in the aftermath of the insurrection, and provide support to the overworked Capitol Police force that keep us all safe day after day.
Madam Speaker, this is how you respond responsibly to what happened 4 months ago, not with deflection or mistruths, but by taking action to protect not only this complex and those who work, serve, and visit here, but to also protect our very democracy, and making sure we never become a country that lets any angry mob decide who the next President will be.
Madam Speaker, only the voters can do that. We need to put the facts on Record here, to tell the truth and not spread lies. And the truth is that some on the other side are afraid to do anything around here because they are afraid, afraid of the truth, afraid because their leadership doesn't want to offend the ex-President and his big lie. That is all I could think of when I read the minority leader's deeply troubling statement opposing the January 6 commission.
Now, even though it is bipartisan, even though his own ranking member negotiated the deal, even though we gave him virtually everything he asked for during the negotiations, a Republican aide said it best when they were quoted in the press yesterday saying this: ``I think Kevin was hoping that the Democrats would never agree to our requests; That way the commission would be partisan and we can all vote ``no'' and say it is a sham operation, because he knows Trump is going to lose his mind.'' Lose his mind over a bipartisan commission.
Madam Speaker, this moment is a choice, a choice between the truth or siding with the originator of the big lie. To my friends on the other side, I am asking you to lead with the courage of your convictions. Vote your conscience. Support this bipartisan commission, not just because it is the right thing to do, but support it out of respect, out of respect for your colleagues, for your staff and the support staff here, for the Capitol Police, but, most importantly, respect for this institution.
Now, I have cast some tough votes in my career, but casting a vote to establish a bipartisan commission to establish an insurrection is not one of them. I appeal to my colleagues to do the right thing, to lead with courage, and support this legislation.
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Mr. McGOVERN. Madam Speaker, I yield myself such time as I may consume.
I also agree with the gentleman that Chairman Thompson and Ranking Member Katko deserve an enormous amount of credit. They negotiated a truly bipartisan deal.
I have taken note of the letter that Minority Leader McCarthy sent to Speaker Pelosi of all the things he wanted in this deal, and he got virtually every one of them, all in this bipartisan deal. Now, all of a sudden, it is not good enough.
All of the concerns that my good friend raised are addressed in this bill. The commission could look at anything and investigate anything related to the violence that occurred here on January 6.
I mean, what happened here, isn't that a big enough deal to merit an investigation?
I don't get it.
In the bill, by the way, is language that is quite clear about how this commission will not interfere with any other ongoing investigations. In fact, very similar to the 9/11 commission, it will be informed by other investigations and complement other investigations.
So, again, I urge my colleagues, Democrats and Republicans, to vote for this commission, out of respect for the people who work here, out of respect for this institution, out of respect for our democracy.
Madam Speaker, I yield 1 minute to the gentlewoman from the District of Columbia (Ms. Norton).
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Mr. McGOVERN. Madam Speaker, I yield an additional 30 seconds to the gentlewoman from the District of Columbia.
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Mr. McGOVERN. Madam Speaker, I reference the text of S. 937 and H. Res. 275, a bill and a resolution we are considering this week. S. 937 was passed yesterday, and right after this debate, we are going to adopt H. Res. 275. They are two pieces of legislation condemning hate crimes against Asian Americans in this country.
Madam Speaker, I yield 1 minute to the gentlewoman from New Jersey (Ms. Sherrill).
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Mr. McGOVERN. Madam Speaker, I yield 1 minute to the gentleman from Arizona (Mr. Gallego).
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Mr. McGOVERN. Madam Speaker, I include in the Record a statement from the family of United States Capitol Officer Howie Liebengood, who died by suicide. His death was a direct result of the trauma and strain from the January 6 attack.
Madam Speaker, in the statement, the family of Officer Liebengood states: ``We believe a thorough, nonpartisan investigation into the root causes of and the response to the January 6 riot is essential for our Nation to move forward. Howie's death was an immediate outgrowth of those events.'' Liebengood Family Statement on the January 6th Commission and Security Supplemental
Family of fallen USCP Officer Howie Liebengood calls on Congress to pass both pieces of legislation
Washington, DC--Today, the Office of Congresswoman Jennifer Wexton (D-VA) released the following statement from the family of United States Capitol Police Officer Howie Liebengood regarding the National Commission to Investigate the January 6 Attack on the United States Capitol Complex Act and the Emergency Security Supplemental to Respond to January 6th Appropriations Act.
``We believe a thorough, non-partisan investigation into the root causes of and the response to the January 6th riot is essential for our nation to move forward. Howie's death was an immediate outgrowth of those events. Every officer who worked that day, as well as their families, should have a better understanding of what happened. Uncovering the facts will help our nation heal and may lessen the lingering emotional bitterness that has divided our country. We implore Congress to work as one and establish the proposed Commission.
``Additionally, improved mental health for USCP officers has been one of our goals for the past four months. Through the tireless efforts of Congresswoman Wexton, we are honored a wellness program bearing Howie's name has been proposed in the security supplemental along with more resources for the program. We welcome and support the new funding and staffing initiatives that will help prevent future tragedies among the USCP.''
Howie C. Liebengood grew up and lived in Vienna, Virginia and was Congresswoman Wexton's constituent. He was raised in the Capitol Hill community, where his father, Howard S. Liebengood, served for decades as a Hill staffer and later the Senate Sergeant at Arms. Howie received a Bachelor's Degree at Purdue University, a Master 's Degree at the University of Memphis, and started a career as a race car driver in the 1990s. Howie joined the Capitol Police in 2005 and served as an officer for 15 years He was assigned to the Senate division and often worked at the Delaware entrance of the Russell Senate Office Building. Howie took his life on January 9, and his death was a direct result of the trauma and strain from the January 6th attack on the Capitol and the around-the-clock shifts in the subsequent days. He is survived by his wife, Dr. Serena McClam Liebengood, his siblings, John Liebengood and Anne Winters, and many family and friends who loved him dearly.
Following Howie's death, Dr. Liebengood and Howie's family have been advocating [iqconnect.house.gov] to have Howie's death designated ``in the line of duty;'' to support much needed USCP reforms; and to promote positive change around mental health issues for his fellow law enforcement officers, both with the Capitol Police and with law enforcement agencies generally.
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Mr. McGOVERN. Madam Speaker, I yield 1 minute to the gentleman from Tennessee (Mr. Cohen).
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Mr. McGOVERN. Madam Speaker, I include in the Record a May 19 letter from the Bipartisan Policy Center in support of H.R. 3233, the National Commission to Investigate the January 6 Attack on the United States Capitol Complex Act.
In the letter, the cochairs of the 9/11 Commission, Governor Tom Kean and Representative Lee Hamilton state: ``A full accounting of the events of January 6 and the identification of measures to strengthen the Congress can help our country heal.'' [From BPC Action] BPC Action Urges Support for H.R. 3233
H.R. 3233, the ``National Commission to Investigate the January 6 Attack on the United States Capitol Complex Act,'' is a crucial step for the country to get the truth of those shocking events and agree on how to ensure they never occur again. The Bipartisan Policy Center is encouraged that the agreement reflects the principles of 9-11 Commission chairs Gov. Tom Kean and Rep. Lee Hamilton, who stated, ``A full accounting of the events of January 6th and the identification of measures to strengthen the Congress can help our country heal.''
A single narrative of the facts of that day and actionable recommendations for preventing them from recurring are the predicate for ensuring our democracy is respected and protected. This bipartisan, independent commission is structured so experts will be empowered to objectively assess the evidence and chart a path forward.
In this midst of opportunity for growth and healing, it is crucial that we reflect on our history: the strength of the 9/11 commission was that it was bipartisan and unified by the imperative of national security. Twenty years later, we are reminded of the security challenges this nation faces, and we must come together in the same way we did following 9/11.
We applaud the House and Senate committees and law enforcement investigations that have laid groundwork for an independent commission to begin its work--and House and Senate leaders, especially Chairman Bennie Thompson and Ranking Member John Katko, for creating a process that has a real chance for success. We urge Congress to support H.R. 3233. ____ [From Issue One] Joint Statement from Governor Tom Kean and Congressman Lee Hamilton, Chairman and Vice Chairman of the 9/11 Commission
``We very strongly urge House Members to support H.R. 3233, the bipartisan National Commission to Investigate the January 6 Attack on the United States Capitol Complex. That bill would create a 9/11 style commission to investigate the January 6th assault on the U.S. Capitol. That was a dark day in American history, one of the darkest.
``As Chairman and Vice Chairman of the 9/11 Commission, unity of purpose was key to the effectiveness of the group. We put country above party, without bias, the events before, during and after the attack. We sought to understand our vulnerabilities in order to prevent future attacks or future acts of terrorism.
``Today, democracy faces a new threat. The January 6 attack on the U.S. Capitol was one of the darkest days in the history of our country. Americans deserve an objective and an accurate account of what happened. As we did in the wake of September 11, it's time to set aside partisan politics and come together as Americans in common pursuit of truth and justice.''
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Mr. McGOVERN. Madam Speaker, I yield 3 minutes to the gentleman from Mississippi (Mr. Thompson), who is the distinguished chairman of the Committee on Homeland Security.
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Mr. McGOVERN. Madam Speaker, let's be clear that opposition to this commission is not about substance or policy; it really is about politics, plain and simple. At least, my Republican colleagues in the Senate side are willing to admit that. Senator Thune said that there is concern among Republicans that the findings could be ``weaponized politically and drug into next year''.
I get that his members want to ``be moving forward and not looking backward,'' but this was an attack on the United States Capitol, and all the people who work here. It was an attack on our democracy.
Madam Speaker, I include in the Record a CNN article entitled ``Republicans fear January 6 probe could undercut 2022 midterm message.'' [From CNN, May 19, 2021]
Republicans Fear January 6 Probe Could Undercut 2022 Midterm Message (By Manu Raju)
Senior Republicans are making clear they have little interest in moving forward with a sweeping January 6 investigation in part because a detailed probe could become politically damaging and amount to a distraction for their party just as control of Congress is at stake in next year's midterm elections.
Publicly and privately, Republicans are making that case, with Senate GOP Whip John Thune noting that there's concern among some GOP members that the findings of the probe ``could be weaponized politically and drug into next year.'' ``I want our midterm message to be on the kinds of things that the American people are dealing with: That's jobs and wages and the economy and national security, safe streets and strong borders--not relitigating the 2020 elections,'' Thune told CNN. ``A lot of our members, and I think this is true of a lot of House Republicans, want to be moving forward and not looking backward. Anything that gets us rehashing the 2020 elections I think is a day lost on being able to draw a contrast between us the Democrats' very radical left-wing agenda.''
Thune's comments came moments after Senate GOP Leader Mitch McConnell announced his opposition on the floor, contending it would duplicate ongoing probes and contending the deal--which was reached between a House Republican and House Democrat--is designed to find a conclusion that would be in ``Democrats' hands.'' The commission would be structured so 10 members--chosen equally between the leaders from both political parties--could report by year's end on what happened on January 6, as well as the ``influencing factors'' behind it.
It's clear that such an investigation would also look at then-President Donald Trump's role in promoting the January 6 ``Stop the Steal'' rally, his lies that the election was stolen and his efforts to subvert the will of voters. Moreover, it could put an uncomfortable focus on some conservative GOP senators and House members who sought to overturn the election results in Congress, while keeping the issue front-and-center as the investigation plays out over the next year.
And there are ample questions about whether House GOP Leader Kevin McCarthy would be forced to testify to explain what Trump was saying on January 6 given the two spoke during a heated phone call that day.
``It would be a distraction,'' one senior GOP source told CNN, arguing any investigation should also look at left-wing extremism as well.
Similar concerns were voiced through the Senate Republican Conference on Wednesday, coming hours after a group of members huddled privately with McCarthy earlier in the morning.
Sen. John Cornyn, a Texas Republican and member of leadership, said that in addition to his concern about a commission's work overlapping with criminal probes, he accused House Speaker Nancy Pelosi of pushing the investigation to help Democrats' chances at keeping control of Congress.
``Well, part of the concern is that's the plan,'' Cornyn said. ``That's Pelosi's plan.'' If the probe dragged out until the next year, he added: ``That would be the Democrats' dream. . . . I generally don't try to help Democrats.''
While the bill is expected to pass the House on Wednesday, it's an open question whether it will pass the Senate, where 60 votes would be needed to break a GOP filibuster.
Thune, the chief GOP vote counter, said they haven't taken the caucus' temperature yet on the plan.
``I would say that there's a skepticism about what's happening in the House right now and whether or not what comes out is a proposal that will be fair.''
Sen. Gary Peters, who chairs the Democratic Senatorial Campaign Committee, said there's a reason why Republicans are battling the commission.
``They're afraid of the truth because it puts them on the wrong side of what is right,'' Peters, a Michigan Democrat, said Wednesday.
Asked if he is concerned the probe could last into the midterm season when the GOP wants to focus on jobs, Republican Sen. Thom Tillis of North Carolina said: ``There's a lot of stuff we need to focus on.''
``Why shift our attention away from that, when we already have an infrastructure in place to address a lot of the things that the commission seems to be stood up to address,'' Tillis asked. ``Seems redundant.''
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Mr. McGOVERN. Madam Speaker, I yield 1 minute to the gentleman from New Jersey (Mr. Pascrell).
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Mr. McGOVERN. Madam Speaker, I yield 1 minute to the gentleman from New York (Mr. Espaillat).
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Mr. McGOVERN. Madam Speaker, I yield 1 minute to the gentleman from Rhode Island (Mr. Cicilline).
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Mr. McGOVERN. Madam Speaker, I am having trouble trying to figure out exactly what the problem that some of my Republican colleagues may have with this bill. Maybe, based on the lack of speakers, they are having trouble figuring it out too.
Madam Speaker, I yield 2\1/2\ minutes to the gentlewoman from Pennsylvania (Ms. Scanlon), who is a distinguished member of the Rules Committee.
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Mr. McGOVERN. Mr. Speaker, I yield 1 minute to the gentlewoman from Texas (Ms. Jackson Lee).
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Mr. McGOVERN. Mr. Speaker, I encourage all Members here today to read today's Washington Post editorial questioning Leader McCarthy's political courage in opposing this bill and calling for him to testify under oath about his eyewitness experience of the violence and former President Trump's apparent indifference to it.
The editorial also criticizes his false equivalence of Black Lives Matter protests to the Capitol invasion and his minimization of the insurrection's significance, which only encourages the lies on which it is based.
I include that article in the Record. [From the Washington Post, May 18, 2021] Opinion: Kevin McCarthy Plumbs New Depths of Political Cowardice (Opinion by the Editorial Board)
Democratic and Republican negotiators agreed last week to create a high-level, expert commission with subpoena power to conduct an examination of the Jan. 6 Capitol invasion, one of the lowest moments in U.S. history. But House Minority Leader Kevin McCarthy (R-Calif.) on Tuesday threw his negotiators under the bus, condemning the compromise and vowing to oppose the bill creating the commission when it comes to a House vote Wednesday.
Many Republicans do not want an impartial panel to remind the public of their party's role in the event. A fair inquiry would examine how GOP lawmakers fed the election lies that inspired the mob, and how they built Jan. 6, which should have featured a pro forma counting of electoral votes, into a showdown over the 2020 presidential election. Republican lawmakers who signed a spurious lawsuit seeking to overturn the results bear some guilt; those who went on to object to the counting of electoral votes from several swing states bear even more.
An honest proceeding would also require Mr. McCarthy to testify under oath about his eyewitness experience of the violence--and to then-President Donald Trump's apparent indifference. Mr. McCarthy has resisted offering the public a frank accounting of his interactions with Mr. Trump, including on a phone call during which Mr. McCarthy reportedly begged Mr. Trump to stop the mob. Mr. McCarthy has concluded that whatever political benefits he receives from embracing Mr. Trump are worth the price of his integrity.
If there are to be hearings, Mr. McCarthy argued, they should examine not only the Capitol invasion but other politically motivated violence, such as the riots surrounding the Black Lives Matter protests last summer. The point is to draw a false equivalence between a historically unique attack on the nation's seat of government, in which Mr. Trump and other Republicans are directly implicated, and crimes that left-leaning activists committed--crimes that did not occur in the halls of Congress, that did not aim to interrupt the peaceful transition of power, that did not reflect a plot to overturn a presidential election.
Mr. McCarthy knows Democrats will never endorse a panel designed to mislead the nation about Jan. 6, so his proposal for a broader mandate is a ruse: He simply does not want any investigation at all. House Democrats should nevertheless advance the compromise plan on Wednesday. Then the public will see whether there are 10 Senate Republicans willing to approve the deal. Senate Minority Leader Mitch McConnell (R- Ky.) on Tuesday did not rule out supporting it, raising minor concerns about its structure that should be negotiable. But if Senate Republicans capitulate to the calculations driving Mr. McCarthy, House and Senate committees should use their subpoena power to conduct their own investigations, even if that means Democrats lead the inquiries without Republican cooperation.
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Mr. McGOVERN. Madam Speaker, I yield 3 minutes to the gentleman from Maryland (Mr. Raskin), a distinguished member of the Rules Committee.
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Mr. McGOVERN. Madam Speaker, I yield myself the balance of my time.
Madam Speaker, I am deeply disappointed that any of my Republican colleagues would oppose the creation of this commission. There is a lot of talk all the time about the need for bipartisanship, and that is what we have here. This is true bipartisanship.
The distinguished minority leader sent a letter to Speaker Pelosi asking for an equal 5:5 ratio in appointments by Democrats and Republicans on this commission. He got it.
He asked for coequal subpoena power. He got it.
He asked for no inclusion of findings or other predetermined conclusions which ultimately should be rendered by the commission itself. He got it.
Now, maybe the gentleman didn't think he would, but Chairman Thompson and Ranking Member Katko, who was appointed by the minority leader to negotiate on behalf of the Republicans, came to a deal, a genuinely bipartisan deal to look into the horrific acts of what happened in this Chamber on January 6.
I was here that day. They were not ordinary tourists who came in here. My colleagues on the Republican side who are here today, there are pictures of them helping to barricade the doors. They know exactly what happened on January 6.
Those people who attacked the Capitol were not here to make a political point. They were here to desecrate this building and hurt people.
We, as Members of Congress, signed up for this job. But I want Members to vote for this commission, not because of us, but because of the people who work here, our staff, the support staff, the Capitol Police, the people who work in our cafeterias, the people who maintain this building. They were traumatized by what happened here.
Our response to all of this is: Well, let's move on. Let's not do this, in spite of a truly bipartisan negotiation and a bipartisan commission.
This is so disappointing. I mean, don't talk to us about bipartisanship, and then when you get it, you turn your back on it.
Madam Speaker, I am sick and tired of those who want to hover around mistruths and lies and spread conspiracy theories. What happened 133 days ago can never be normalized. We all have to speak the truth, and we must act to prevent it from ever happening again. That starts with not only passing this rule but passing this bipartisan bill to establish a bipartisan commission to produce a report for the American people so that we know clearly and credibly as to what happened and that we can take additional actions to make sure it never happens again.
As I said in my opening, vote for this out of respect for this institution, out of respect for our democracy, out of respect for the truth, out of respect for the people who work for you, who come here every day and work for you. We owe it to them and to this country to move forward.
The material previously referred to by Mr. Cole is as follows: Amendment to House Resolution 409
At the end of the resolution, add the following:
Sec. 3. Immediately upon adoption of this resolution, the House shall proceed to the consideration in the House of the resolution (H. Res. 153) condemning recent hate crimes committed against Asian-American and Pacific Islanders. The resolution shall be considered as read. The previous question shall be considered as ordered on the resolution and preamble to adoption without intervening motion or demand for division of the question except one hour of debate equally divided and controlled by the chair and ranking minority member of the Committee on the Judiciary.
Sec. 4. Clause 1(c) of rule XIX shall not apply to the consideration of H. Res. 153.
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Mr. McGOVERN. Madam Speaker, I yield back the balance of my time, and I move the previous question on the resolution.
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