RAISING A QUESTION OF THE PRIVILEGES OF THE HOUSE; Congressional Record Vol. 165, No. 71
(House of Representatives - May 01, 2019)

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[Pages H3361-H3363]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




           RAISING A QUESTION OF THE PRIVILEGES OF THE HOUSE

  Mr. GREEN of Tennessee. Madam Speaker, I rise to offer a question of 
the privileges of the House previously noticed.
  The SPEAKER pro tempore. The Clerk will report the resolution.
  The Clerk read as follows:

                              H. Res. 304

       Whereas Michael Cohen testified under oath as a witness 
     before the House Committee on Oversight and Reform on 
     February 27, 2019;
       Whereas Michael Cohen falsely testified under oath, ``I 
     have never asked for, nor would I accept, a pardon from 
     President Trump'';
       Whereas in truth and fact, attorney for Michael Cohen, 
     Lanny Davis, admitted on March 6, 2019, that Cohen ``directed 
     his attorney to explore possibilities of a pardon at one 
     point with Donald J. Trump lawyer Rudy Giuliani as well as 
     other lawyers advising President Trump'';
       Whereas in truth and fact, attorney for Michael Cohen, 
     Michael Monico, admitted in a March 12, 2019, letter that 
     Cohen's testimony was inaccurate;
       Whereas in truth and fact, the ex post representation by 
     Cohen's attorney does not annul Cohen's intentionally false 
     and misleading testimony;
       Whereas in truth and fact, Cohen's testimony under oath was 
     delivered in the context of apologizing for all his criminal 
     activities;
       Whereas in truth and fact, Cohen's denial of ever seeking a 
     pardon contained no qualifiers about the context of his 
     statement;
       Whereas in truth and fact, Cohen's denial of ever seeking a 
     pardon, as uttered under oath in his testimony, was absolute 
     and unequivocal;
       Whereas in truth and fact, Cohen testified under oath that 
     he and his lawyers spent hours editing his written statement 
     submitted to the Committee on Oversight and

[[Page H3362]]

     Reform preceding his testimony, which included the written 
     assertion, ``I have never asked for, nor would I accept, a 
     pardon from President Trump'';
       Whereas in truth and fact, Cohen's denial in his written 
     statement of never asking for a Presidential pardon was an 
     unqualified assertion;
       Whereas Michael Cohen falsely testified under oath that he 
     ``did not want to go to the White House'' and he ``did not 
     want a role or title in the administration'';
       Whereas in truth and fact the United States Attorney's 
     Office for the Southern District of New York submitted to 
     Federal court a sentencing memorandum expressing Michael 
     Cohen's desire to work in the White House, explaining: 
     ``during and after the campaign, Cohen privately told friends 
     and colleagues, including in seized text messages, that he 
     expected to be given a prominent role and title in the new 
     administration. When that did not materialize, Cohen found a 
     way to monetize his relationship with and access to the 
     President'';
       Whereas Michael Cohen falsely testified under oath on other 
     factual matters of material significance;
       Whereas Michael Cohen's intentionally false testimony was 
     aimed at obscuring the truth and ameliorating the extent of 
     his own personal embarrassment;
       Whereas intentionally false testimony to a committee of the 
     House of Representatives harms the integrity of the 
     proceedings of the House;
       Whereas it is a Federal crime to provide false information 
     to Congress and the failure to enforce this crime further 
     undermines the integrity of the House; and
       Whereas it is the judgment of the House of Representatives 
     that providing a copy of the official transcript of the 
     hearing of the Committee on Oversight and Reform on February 
     27, 2019, to the Department of Justice would aid the Attorney 
     General's consideration of investigation and potential 
     prosecution of Michael Cohen's criminal conduct: Now, 
     therefore, be it
       Resolved, that the House of Representatives directs the 
     chair of the Oversight and Reform Committee to submit to the 
     Attorney General an official copy of the transcript of the 
     hearing during which Michael Cohen testified under oath on 
     February 27, 2019.

  The SPEAKER pro tempore. The resolution qualifies.


                            Motion to Table

  Mr. HOYER. Madam Speaker, I have a motion at the desk.
  The SPEAKER pro tempore. The Clerk will report the motion.
  The Clerk read as follows:
  Mr. Hoyer moves that the resolution be laid on the table.
  The SPEAKER pro tempore. The question is on the motion to table.
  The question was taken; and the Speaker pro tempore announced that 
the ayes appeared to have it.


                             Recorded Vote

  Mr. GREEN of Tennessee. Madam Speaker, I demand a recorded vote.
  A recorded vote was ordered.
  The SPEAKER pro tempore. This is a 5-minute vote.
  The vote was taken by electronic device, and there were--ayes 226, 
noes 183, not voting 22, as follows:

                             [Roll No. 174]

                               AYES--226

     Aguilar
     Allred
     Amash
     Axne
     Barragan
     Bass
     Beatty
     Bera
     Beyer
     Bishop (GA)
     Blumenauer
     Blunt Rochester
     Bonamici
     Boyle, Brendan F.
     Brindisi
     Brown (MD)
     Brownley (CA)
     Bustos
     Butterfield
     Carbajal
     Cardenas
     Case
     Casten (IL)
     Castor (FL)
     Castro (TX)
     Chu, Judy
     Cicilline
     Cisneros
     Clark (MA)
     Clarke (NY)
     Clay
     Cleaver
     Clyburn
     Cohen
     Connolly
     Cooper
     Correa
     Costa
     Courtney
     Cox (CA)
     Craig
     Crist
     Crow
     Cuellar
     Cummings
     Cunningham
     Davids (KS)
     Davis, Danny K.
     Dean
     DeFazio
     DeLauro
     DelBene
     Delgado
     Demings
     DeSaulnier
     Deutch
     Dingell
     Doggett
     Doyle, Michael F.
     Engel
     Escobar
     Eshoo
     Espaillat
     Evans
     Finkenauer
     Fletcher
     Foster
     Frankel
     Fudge
     Gabbard
     Gallego
     Garamendi
     Garcia (IL)
     Garcia (TX)
     Golden
     Gomez
     Gonzalez (TX)
     Gottheimer
     Green (TX)
     Grijalva
     Haaland
     Harder (CA)
     Hayes
     Heck
     Higgins (NY)
     Hill (CA)
     Himes
     Horn, Kendra S.
     Horsford
     Houlahan
     Hoyer
     Huffman
     Jackson Lee
     Jayapal
     Jeffries
     Johnson (TX)
     Kaptur
     Keating
     Kelly (IL)
     Kennedy
     Khanna
     Kildee
     Kilmer
     Kim
     Kind
     Kirkpatrick
     Krishnamoorthi
     Kuster (NH)
     Lamb
     Langevin
     Larsen (WA)
     Larson (CT)
     Lawrence
     Lawson (FL)
     Lee (CA)
     Lee (NV)
     Levin (CA)
     Levin (MI)
     Lewis
     Lieu, Ted
     Lipinski
     Loebsack
     Lofgren
     Lowenthal
     Lowey
     Lujan
     Luria
     Lynch
     Malinowski
     Maloney, Carolyn B.
     Maloney, Sean
     Matsui
     McAdams
     McBath
     McCollum
     McEachin
     McGovern
     McNerney
     Meeks
     Meng
     Moore
     Morelle
     Moulton
     Mucarsel-Powell
     Murphy
     Nadler
     Napolitano
     Neal
     Neguse
     Norcross
     O'Halleran
     Ocasio-Cortez
     Omar
     Pallone
     Panetta
     Pappas
     Pascrell
     Payne
     Perlmutter
     Peters
     Peterson
     Phillips
     Pingree
     Pocan
     Porter
     Pressley
     Price (NC)
     Quigley
     Raskin
     Rice (NY)
     Richmond
     Rose (NY)
     Rouda
     Roybal-Allard
     Ruiz
     Ruppersberger
     Rush
     Ryan
     Sanchez
     Sarbanes
     Scanlon
     Schakowsky
     Schiff
     Schneider
     Schrader
     Schrier
     Scott (VA)
     Scott, David
     Serrano
     Sewell (AL)
     Shalala
     Sherman
     Sherrill
     Sires
     Slotkin
     Smith (WA)
     Soto
     Spanberger
     Speier
     Stanton
     Stevens
     Suozzi
     Swalwell (CA)
     Takano
     Thompson (CA)
     Thompson (MS)
     Tlaib
     Tonko
     Torres (CA)
     Torres Small (NM)
     Trahan
     Trone
     Underwood
     Van Drew
     Veasey
     Vela
     Velazquez
     Visclosky
     Wasserman Schultz
     Waters
     Watson Coleman
     Welch
     Wexton
     Wild
     Wilson (FL)
     Yarmuth

                               NOES--183

     Aderholt
     Allen
     Amodei
     Arrington
     Babin
     Bacon
     Baird
     Balderson
     Banks
     Barr
     Bergman
     Biggs
     Bilirakis
     Bishop (UT)
     Bost
     Brady
     Brooks (AL)
     Brooks (IN)
     Buchanan
     Buck
     Bucshon
     Budd
     Burchett
     Burgess
     Byrne
     Calvert
     Carter (GA)
     Carter (TX)
     Chabot
     Cheney
     Cline
     Cole
     Collins (GA)
     Collins (NY)
     Comer
     Conaway
     Cook
     Crawford
     Crenshaw
     Curtis
     Davidson (OH)
     Davis, Rodney
     DesJarlais
     Diaz-Balart
     Duffy
     Duncan
     Dunn
     Emmer
     Estes
     Ferguson
     Fitzpatrick
     Fleischmann
     Flores
     Fortenberry
     Foxx (NC)
     Fulcher
     Gaetz
     Gallagher
     Gianforte
     Gibbs
     Gohmert
     Gonzalez (OH)
     Gooden
     Gosar
     Granger
     Graves (GA)
     Graves (LA)
     Graves (MO)
     Green (TN)
     Griffith
     Grothman
     Guest
     Guthrie
     Hagedorn
     Hartzler
     Herrera Beutler
     Hice (GA)
     Higgins (LA)
     Hill (AR)
     Holding
     Hollingsworth
     Hudson
     Huizenga
     Hunter
     Hurd (TX)
     Johnson (LA)
     Johnson (OH)
     Johnson (SD)
     Jordan
     Joyce (OH)
     Joyce (PA)
     Katko
     Kelly (MS)
     Kelly (PA)
     King (NY)
     Kinzinger
     Kustoff (TN)
     LaHood
     LaMalfa
     Lamborn
     Latta
     Lesko
     Long
     Loudermilk
     Lucas
     Luetkemeyer
     Marchant
     Marshall
     Massie
     Mast
     McCarthy
     McCaul
     McClintock
     McHenry
     McKinley
     Meadows
     Meuser
     Miller
     Mitchell
     Moolenaar
     Mooney (WV)
     Mullin
     Newhouse
     Nunes
     Olson
     Palazzo
     Palmer
     Pence
     Posey
     Ratcliffe
     Reed
     Reschenthaler
     Rice (SC)
     Roby
     Rodgers (WA)
     Roe, David P.
     Rogers (AL)
     Rogers (KY)
     Rose, John W.
     Rouzer
     Roy
     Rutherford
     Schweikert
     Scott, Austin
     Sensenbrenner
     Shimkus
     Simpson
     Smith (MO)
     Smith (NE)
     Smith (NJ)
     Smucker
     Spano
     Stauber
     Stefanik
     Steil
     Steube
     Stewart
     Stivers
     Taylor
     Thompson (PA)
     Thornberry
     Timmons
     Tipton
     Turner
     Upton
     Wagner
     Walberg
     Walden
     Walker
     Walorski
     Waltz
     Watkins
     Weber (TX)
     Webster (FL)
     Wenstrup
     Westerman
     Williams
     Wilson (SC)
     Wittman
     Womack
     Wright
     Yoho
     Zeldin

                             NOT VOTING--22

     Abraham
     Adams
     Armstrong
     Carson (IN)
     Cartwright
     Cloud
     Davis (CA)
     DeGette
     Harris
     Hastings
     Hern, Kevin
     Johnson (GA)
     King (IA)
     Norman
     Perry
     Riggleman
     Rooney (FL)
     Scalise
     Titus
     Vargas
     Woodall
     Young

                              {time}  1426

  Mr. VAN DREW changed his vote from ``no'' to ``aye.''
  So the motion to table was agreed to.
  The result of the vote was announced as above recorded.
  A motion to reconsider was laid on the table.
  Stated against:
  Mr. ARMSTRONG. Mr. Speaker, I was unavoidably detained. Had I been 
present, I would have voted ``nay'' on rollcall No. 174.
  Mr. KEVIN HERN of Oklahoma. Mr. Speaker, I was unavoidably detained. 
Had I been present, I would have voted ``nay'' on rollcall No. 174.


                          Personal Explanation

  Mr. CARSON of Indiana. Mr. Speaker, I spoke at the memorial service 
for Indiana's former Senator Birch Byah and missed roll call votes 172 
to 174. Had I been present, I would have cast the following votes:
  Roll Call 172, on the Previous Question on the Rule, H. Res. 329, 
vote YEA.
  Roll Call 173, on H. Res. 329, vote YEA.
  Roll Call 174, the Motion to Table the Green of Tennessee Privileged 
Resolution, H. Res. 304, vote YEA.


                          personal explanation

  Mr. PERRY. Mr. Speaker, I was unavoidably detained and could not get 
to the floor. Had I been present, I would have voted ``nay'' on 
rollcall No. 172, ``nay'' on rollcall No. 173, and ``nay'' on rollcall 
No. 174.

[[Page H3363]]

  

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