• Republican leadership faces first ethics test

    AP

    Republican David Rivera speaks to supporters in Coral Gables, Fla. on Election Day 2010.

    From NBC's Domenico Montanaro and Shawna Thomas
    Republicans criticized Nancy Pelosi when she was speaker for not draining the swamp, as she pledged. They were particularly critical of her handling of the ethics cases involving Reps. Charlie Rangel (D-NY) and Maxine Waters (D-CA).

    When Republicans took over the House this year, Majority Leader Eric Cantor (R-VA) committed to a "zero-tolerance policy" on ethics violations.

    Now it looks like that policy is getting its first test.

    Freshman Rep. David Rivera (R-FL) is being investigated by the Florida Department of Law Enforcement for "alleged financial improprieties" related to his financial relationship with a dog track and a condominium he sold days after winning election to Congress. The Federal Election Commission is also looking into Rivera’s 2010 campaign finances, Politico reported.

    Rivera’s office did not immediately respond to e-mail inquiries from NBC News.

    Heather Smith, spokeswoman for the Florida Department of Law Enforcement confirmed a "public integrity investigation" into Rivera, being handled out of the state's Executive Investigations office in Tallahassee. It opened the probe in October of 2010 and is working in conjunction with the Office of the State Attorney and the Miami-Dade Police Department.

    “As I understand the allegations against Mr. Rivera, they don't involve any of his congressional service,” newly installed Speaker John Boehner said at a news conference today after being asked about Rivera. “These are activities that took place before he was elected. And I think we are waiting to see how this plays out.”

    A Cantor spokesperson said, "Unlike Leader Pelosi and the previous majority, Eric has said that Republicans will have a ‘zero tolerance’ policy, and we are currently awaiting the results of the investigation in Florida."

    But Boehner and Cantor’s responses -- and their declining to rebuke Rivera -- has drawn criticism from Democrats, looking to paint Republicans as hypocritical and backing off their pledge.

    "[I]t's increasingly clear that the campaign pledge from Republican leaders ... didn't really mean 'zero tolerance' for what's now a growing criminal investigation into their own member of Congress," said Jesse Ferguson, a spokesperson for the Democratic Congressional Campaign Committee. "Now they're going to tolerate it, but tell us, 'It's just this once.'"

    A Democratic House aide said, "Speaker Boehner and Leader Cantor should live up to their pledge."

    Boehner’s statement also drew comparisons to Pelosi’s statements about Rangel. As speaker, after the ethics committee admonished Rangel last February, Pelosi said, "Every member is entitled to have his day before the ethics committee. They have said he did not knowingly violate the rules. And again, if this were the end of it, that would be one thing, but there's obviously more to come, and we'll see what happens with that."

    The difference, however, is, “Those actions [Rivera’s] pre-dated his Congressional service," Boehner spokesman Michael Steel told First Read.

    That’s true, and the ethics committee’s jurisdiction is only over members while they are members -- though it’s not clear if that also applies to potential campaign-finance violations for freshmen who win election. (The committee did not immediately return a phone call.)

    And, in fairness to Boehner, as minority leader, he moved quickly to deal with a sex scandal involving former Rep. Mark Souder of Indiana, who resigned.

    In addition, Republicans would also point out that sitting Democratic members have had their own ethical issues before coming to Congress. Alcee Hastings, for example, was removed as a federal judge after he was impeached. He later served as chairman of a subcommittee on the House Rules Committee. 

    But James Thurber, who teaches ethics at American University, points out that Hastings’ prior ethical issues had an impact on whether he could continue on the intelligence committee and if he could be chairman. Thurber also said those Democratic leaders, who at the time did not condemn the actions of members who had prior ethical issues, are also deserving of criticism.

    The House rules back up Boehner, in that the ethics committee does not have jurisdiction over matters that pre-date a member’s service, Thurber said. But, he added, Boehner’s office is “being overly legalistic. ...

    "If they’re interested in shining a light on how much more ethical they are, unlike the Democrats, then it sends the wrong message."

  • Top House Republican downplays Bachmann SOTU response

    From NBC’s Shawna Thomas and Carrie Dann
    Tea Party favorite Michele Bachmann may be delivering a speech after President Barack Obama’s State of the Union address tomorrow, but a top House Republican was careful on Monday to emphasize that hers is not the GOP-sanctioned response.

    "Paul Ryan's giving the official Republican response,” said Majority Leader Eric Cantor at a pen-and-pad briefing with reporters. He added that Bachmann will have an opinion about what the president has to say "just as the other 534 members of the House and Senate [are going to."]

    Bachmann’s response, which is sponsored by the Tea Party Express, will be broadcast online, while Ryan’s remarks will be carried by major television networks.

    Per a House leadership aide, Ryan is expected to focus on spending cuts – a message underscored by the fact that he’ll deliver his remarks from the committee room of the budget panel he now chairs.

    Asked what he hopes to hear from the president on Tuesday night, Cantor reiterated his message from his appearance on NBC’s Meet the Press over the weekend.

    "The question is, is he going to decouple himself from what we have seen over the last two years and what he has been selling? Is he going to continue to sell that ... or will there be a new direction."  Cantor said. "And I think that the success of this Congress will rest on that question as will, frankly, the outcome of the election in November 2012."

    While Republicans and Democrats continue to pair off with bipartisan “dates” to sit with during the president’s speech, it’s unclear where exactly Rep. Cantor will end up. An initial plan for Cantor to be seated next to his Democratic predecessor, Rep. Steny Hoyer, appears to be up in the air now as members of the House leadership teams hammer out their exact seating arrangements.

  • The Democrats who voted to come up with a new health-care bill

    From NBC's Shawna Thomas
    We noted earlier that 14 Democrats voted for the resolution that passed earlier instructing committees to come up with a health-care replacement bill.

    Most of those Democrats are the same people who voted against the final passage of the health care bill in 2010, except two.

    Here are the 14:

    Jason Altmire (PA)
    John Barrow (GA)
    Dan Boren (OK)
    Corrine Brown (FL)
    Ben Chandler (KT)
    Mark Critz (PA)
    Tim Holden (PA)
    Larry Kissell (NC)
    Daniel Lipinski (IL)
    Jim Matheson(UT)
    Mike McIntyre (NC)
    Collin Peterson (MN)
    Mike Ross (AR)
    Heath Shuler (NC)

    Brown and Critz are the anomalies. Brown voted for health care in 2009 and 2010.

    Brown’s office did not immediately respond to an inquiry from NBC to explain her vote. Critz was John Murtha's replacement and did not come into the House until May of 2010, thus he did not participate in the other health care votes.

    By the way, 34 Democrats voted no on final passage of the health care bill in March of 2010. Of those 34, just 13 are left in Congress. Only one of these voted against the Republican resolution -- Stephen Lynch of Massachusetts, who voted against the original bill from the left.

    Those 13 are: Jason Altmire, John Barrow. Dan Boren, Ben Chandler, Tim Holden, Larry Kissell, Daniel Lipinski, Stephen F. Lynch, Jim Matheson, Mike McIntyre, Collin C. Peterson, Mike Ross, and Heath Shuler.

  • Repeal... and replace?

    From NBC's Shawna Thomas
    The House just passed a bill that instructs five four House committees to work on producing a replacement bill to the current health-care law, which the House voted to repeal yesterday. 

    The final vote was 253 in favor, 175 against.

    There were 14 Democrats who voted for the "instructing resolution." Most of those are the same ones who voted against the original health-care bill in 2009.

  • House Dem compares GOP health care case to Nazi propaganda

    From msnbc.com's Carrie Dann and NBC's Domenico Montanaro and Shawna Thomas
    In the days following Tucson, lawmakers and the press monitored each modicum of political speech to see if a moment of intemperate rhetoric would signal a break in a “new era of civility” ushered in by the tragic shooting.

    Rep. Steve Cohen (D-TN)

    Looks like: Yup.

    In a little-noticed floor speech last night (flagged today by ABC News), Democratic Rep. Steve Cohen of Tennessee invoked Nazis, the Holocaust, Germany’s infamous Minister of Propaganda Joseph Goebbels, and – yes – blood libel in describing how Republicans have characterized the health care law as a “government takeover.”

    “They say it's a government takeover of health care, a big lie just like Goebbels," Cohen said. "You say it enough, you repeat the lie, you repeat the lie, and eventually, people believe it.  Like blood libel.  That's the same kind of thing, blood libel.  That's the same kind of thing.”

    Referencing “blood libel” – the anti-Semitic false accusation about which Americans received a history lesson last week – Cohen added: “The Germans said enough about the Jews and people believed it -- believed it and you have the Holocaust.”

    (Cohen's remarks didn't get picked up until today because they were delivered to a nearly empty House gallery. Members of Congress can give speeches on almost any topic after legislative business is finished for the day.  Many members use it as their way to “revise and extend” their remarks with the hope that it will get picked up by their local stations or newspapers.  These speeches tend to be given to not only empty press galleries, but empty seats on the floor as well.)

    The last time a Democratic politician invoked Goebbels to describe a GOP rival (when California gubernatorial candidate Jerry Brown drew a parallel between the notorious Nazi politician and Republican Meg Whitman), First Read coined its own theory of what bringing up the Nazi party does to political discourse. Here’s what we wrote then:

    You’ve heard of Godwin’s Law -- in an online argument, the person who brings up the Nazis or a Nazi comparison automatically effectively ends (and loses) the arguments. Well, here’s First Read’s Law -- bringing up the Nazis in American politics never does anyone any good. And guess what: The first one to bring it up always sees it boomerang.

  • House unveils resolution honoring Giffords, others

    From NBC's Luke Russert and Shawna Thomas
    The text of the resolution honoring Rep. Gabrielle Giffords (D) and others who were killed or injured in Tucson, AZ on Saturday has been released. The resolution also honors those who acted bravely to subdue the gunman.

    GOP aides say the resolution was constructed in a bipartisan manner with special input from Giffords' office. The expectation is that Speaker John Boehner will bring the resolution to the floor on Wednesday soon after the House is gaveled into session at 10:00 am ET. The resolution condemns the "horrific attack" and honors a democracy "in which intimidation and threats of violence cannot silence the voices of any American."

    Here's the full text of the resolution:

    Expressing the sense of the House of Representatives with respect to the tragic shooting in Tucson, Arizona, on January 8, 2011.

    Whereas on January 8, 2011, an armed gunman opened fire at a ''Congress on your Corner'' event hosted by Representative Gabrielle Giffords in Tucson, Arizona, killing 6 and wounding at least 14 others;

    Whereas Christina Taylor Green, Dorothy Morris, John Roll, Phyllis Schneck, Dorwan Stoddard, and Gabriel Zimmerman
    lost their lives in this attack;

    Whereas Christina Taylor Green, the 9-year-old daughter of John and Roxanna Green, was born on September 11,
    2001, and was a third grader with an avid interest in government who was recently elected to the student council
    at Mesa Verde Elementary School;

    Whereas Dorothy Morris, who was 76 years old, attended the January 8 event with George, her husband of over 50
    years with whom she had 2 daughters, and who was also critically injured as he tried to shield her from the shooting;

    Whereas John Roll, a Pennsylvania native who was 63 years old, began his professional career as a bailiff in 1972,
    was appointed to the Federal bench in 1991, and became chief judge for the District of Arizona in 2006, and was
    a devoted husband to his wife Maureen, father to his 3 sons, and grandfather to his 5 grandchildren;

    Whereas Phyllis Schneck, a proud mother of 3, grandmother of 7, and great-grandmother from New Jersey, was
    spending the winter in Arizona, and was a 79-year-old church volunteer and New York Giants fan;

    Whereas Dorwan Stoddard, a 76-year-old retired construction worker and volunteer at the Mountain Avenue Church of
    Christ, is credited with shielding his wife Mavy, a longtime friend whom he married while they were in their 60s, who was also injured in the shooting;

    Whereas Gabriel Matthew Zimmerman, who was 30 years old and engaged to be married, served as Director of Community
    Outreach to Representative Gabrielle Giffords, and was a social worker before serving with Representative
    Giffords;

    Whereas Representative Gabrielle Giffords was a target of this attack, and remains in critical condition at an Arizona hospital;

    Whereas 13 others were also wounded in the shooting, including Ron Barber and Pamela Simon, both staffers to Representative Giffords; and

    Whereas several of those in attendance at this event, including Patricia Maisch, Roger Sulzgeber, Joseph Zimudie,
    and Daniel Hernandez, Jr., helped apprehend the gunman and assist the injured, thereby risking their lives for
    the safety of others, and should be commended for their bravery: Now, therefore, be it

    Resolved, That the House of Representatives-
    (1) condemns in the strongest possible terms the horrific attack which occurred at the ''Congress on your Corner'' event hosted by Representative Gabrielle Giffords in Tucson, Arizona, on January 8, 2011;

    (2) offers its heartfelt condolences to the families, friends, and loved ones of those who were killed in that attack;

    (3) expresses its hope for the rapid and complete recovery of those wounded in the shooting;

    (4) honors the memory of Christina Taylor Green, Dorothy Morris, John Roll, Phyllis Schneck,Dorwan Stoddard, and Gabriel Zimmerman;

    (5) applauds the bravery and quick thinking exhibited by those individuals who prevented the gunman from potentially taking more lives and helped to save those who had been wounded;

    (6) recognizes the service of the first responders who raced to the scene and the health care professionals who tended to the victims once they reached the hospital, whose service and skill saved lives;

    (7) reaffirms the bedrock principle of American democracy and representative government, which is memorialized in the First Amendment of the Constitution and which Representative Gabrielle Giffords herself read in the Hall of the House of Representatives on January 6, 2011, of ''the right of the people peaceably to assemble, and to petition the Government for a redress of grievances'';

    (8) stands firm in its belief in a democracy in which all can participate and in which intimidation and threats of violence cannot silence the voices of any American;

    (9) honors the service and leadership of Representative Gabrielle Giffords, a distinguished member of this House, as she courageously fights to recover; and

    (10) when adjourning today, shall do so out of respect to the victims of this attack.

  • Closed for Business: Members, aides undeterred

    From NBC's Shawna Thomas
    When we left the Capitol on Friday of last week, we were prepping for the coverage of the bickering that was going to ensue on the House floor this week. The GOP had decided on seven hours of debate on the "Repeal the Job-Killing Health Care Law Act" starting today and ending with a vote to repeal the bill tomorrow.

    It was going to be, as one Democratic congresswoman repeated multiple times, "political theater." And journalists were already stocking up on popcorn and Dr. Pepper to watch the fireworks take place.

    Things are different now. The schedule has been cleared, and the only business that will take place on the House floor this week are resolutions and tributes to Congresswoman Gabrielle Giffords (D-AZ), her staff member that was tragically gunned down, Gabe Zimmerman, other members of her staff that were injured and the citizens who were also caught in the crossfire.

    Yesterday, members and staff went to the East Front of the Capitol for a moment of silence. As they stood there with the flag at half staff in the background, the Chairman of the Congressional Black Caucus, Emanuel Cleaver (D- MO), had everyone bow their heads, as he began to pray. "We ask blessings on the spirit of this nation,” he said. “Help us move from this dark place to a place of sunshine, hope. … Bless these, God, your servants who serve this nation. Keep them safe."

    Walking back to their offices staffers were hugging, but they seemed undeterred.

    "I've been on Capitol Hill for a few years, and I'm aware that there is a target on my office building," said Danielle Rodman, an aide to Rep. Debbie Wasserman Schultz (D-FL) when asked about security concerns. She added, "This isn't going to make us stop connecting to the people and talking to them, because that's the reason we're here."

    Her colleague Coby Dolan echoed that. "We need to always take precautions,” Dolan said, “but not in a way that prevents a vibrant Democracy from happening."

    With the rising talk of whether violent rhetoric during the last election fed into this tragedy, members and staffers were cautious about jumping to conclusions.

    "We know ourselves and ... average Americans should be able to say what they believe in,” Democratic Rep. Allyson Schwartz (PA) said after the moment of silence. “That's what makes this country great. Again, is there a difference between that and a real demonization of government as the enemy. I think that there is. So where do we draw that line. Again, we live in a free society and free speech matters a great deal to each of us, and I don't want it to dampen that."

    And while free speech is important, U.S. Senate Sergeant-at-Arms Terry Gainer said all Capitol Hill offices have to do a better job of securing events and speeches.

    "I think interactions that the members have are so routine and some are so quick and so small, that I think that they don’t think through that security portion,” he said, adding, “If you don't report a threat, shame on you, because that's the only way we can measure trends and have a proper response."

    He continued, "We don’t mind you calling us. Call us when you get a threat, call us when the hairs on your neck go up."

    But a day after two members -- Reps. Jason Chaffetz (R-UT) and Heath Shuler (D-NC) -- said they were going to start carrying guns to their events, Gainer spoke out against that.

    "I don't think that's a good idea," he said on ABC. "I think we should leave the law enforcement and security to those professionals. … I've been a policeman for 42 years, and I don't think introducing more guns to the situation is helpful.”

    It is expected that, next week, the repeal of health care will make its way to the floor to be hotly debated. But that debate -- at least for now -- may be tempered.

  • Oath-gate resolved

    From NBC's Shawna Thomas
    The four minutes of debate on NRCC Chair Rep. Pete Sessions (R-TX) and Rep. Mike Fitzptrick's (R-PA) "Oath Oops" were led by a spirited Rep. Anthony Weiner (D-NY) and Rules Chairman David Dreier (R-CA)

    Weiner contended that the resolution was not in compliance with the GOP's own rules because it was not posted for three days for members and the public to peruse. One GOP aide said the three-day rule doesn't apply to this resolution, because "it deals with internal House business."

    Weiner took it a step further by saying even the resolution acknowledges that the House "violated the Constitution" on the very first day because two people who were not Members of Congress took votes.

    Dreier said in his brief remarks, "Any member that does not vote in favor of this resolution is allowing the problem to persist."

    The resolution passed on a vote of 257-159 with Sessions, Fitzpatrick and Rep. Peter DeFazio (D-OR) voting present. A few moderate Democrats like Rep. Heath Shuler (D-NC) and Rep. Mike Ross (D-AR) voted in favor of the resolution.

    With the passage of the resolution, Oath-gate is resolved. What doesn't seem to be resolved though is the nature of the event both members were at when they missed the oath on the floor.

    Fitzpatrick's office said the event "was not a fundraiser, it was a reception for folks who traveled to DC to watch the swearing-in." But an invitation for the event appears to solicit donations and the Sunlight Foundation is now asking questions about the nature of the event and whether Fitzpatrick broke House Ethics rules on the first day of Congress.

    But if he technically wasn't a member when the event was happening, it's unclear if the Ethics Committee has any jurisdiction.

  • House floor update

    From NBC's Shawna Thomas
    Currently, the House is debating the rule for the repeal of health-care reform. We expect the vote to happen around this morning. This is a procedural vote and will pass. It will clear the way for debate to start on the health-care repeal bill on Tuesday. The debate will conclude on Wednesday, which is when we expect the final vote on repeal to happen.

    Once the rule passes, the House will take up four minutes -- yes, four minutes -- of debate on a resolution to deal with the fact that Rep. Pete Sessions (R-TX) and Rep. Mike Fitzpatrick (R-PA) weren't sworn-in when they participated in legislative actions on Tuesday and Wednesday. That resolution is expected to disqualify any votes they took before they were sworn in.

    *** UPDATE *** The rule for the health care repeal passed.
    Yeas: 236
    Nays: 181
    Present: 2

  • Birther yeller arrested

    From NBC's Shawna Thomas and Domenico Montanaro
    The woman, who interrupted the reading of the Constitution during the section on presidential birth requirements to protest President Obama's qualifications to serve in the office, was arrested, according to the U.S. Capitol Police.

    Theresa Cao, 48, of New York, was charged with unlawful conduct, disruption of Congress.

    Slate reported earlier that Cao is "a birther activist and supporter of court-martialed birther Lt. Col. Terry Lakin. On December 16, she told WorldNetDaily that she was 'taking his message to the White House and Congress.'"

  • Sessions never sworn-in; could affect health repeal bill timing

    Updated 5:42 pm

    From NBC's Shawna Thomas and Domenico Montanaro
    Three would-be members of Congress were never sworn in yesterday, including National Republican Congressional Committee Chairman Pete Sessions, which could have an impact on when the health care repeal bill is brought to the floor.

    The Texas Republican is a member of the Rules Committee, which has been engrossed all day in debating how to bring the health-care repeal bill to the floor. Debate on the bill is supposed to begin tomorrow, and it is supposed to be voted on Wednesday.

    But the news that Sessions -- who participated in debate and votes today in committee -- wasn't sworn in could throw a wrench into that timeline.

    The Rules Committee hastily recessed when Committee Chairman David Dreier (R-CA) found out Sessions never took the oath, and Speaker John Boehner interrupted speeches on the floor this afternoon to swear in Sessions and Republican freshman Rep. Mike Fitzpatrick (PA). But any votes either of them participated in during the last day-and-a-half could be null.

    (Rep. Peter DeFazio (D-OR) was the third person not sworn in, but he filed a leave of absence with the Clerk's office for yesterday and didn't participate in any votes. He was sworn-in by Boehner before the reading of the Constitution this morning.)

    Dreier is now waiting for Minority Leader Nancy Pelosi (D-CA) to agree to allow a unanimous consent motion to the floor to retroactively allow everything these two members have already done to stand.

    Where were they when the oath was administered yesterday? With supporters in the Congressional Visitor's Center, according to the Bucks County Courier Times. "Wednesday, a sea of about 500 supporters overwhelmed a large room in the Capitol and caught a break when the Bucks County native took the oath of office in front of them rather than on the House floor," the paper writes.

    Sessions' office provided this statement:

    "During the swearing in of the 112th Congress, Congressman Sessions stated the oath publicly in the Capitol but was not on the House floor. To ensure that all constitutional and House requirements are fulfilled, Congressman Sessions officially took the oath of office this afternoon from the House floor. Public records and votes will be adjusted accordingly."

    *** UPDATE *** From NBC's Shawna Thomas and Luke Russert
    The Rules Committee has reconvened, and Dreier has attempted to address the problem of one of his members not quite being a member of the House. Dreier said, “Mr. Sessions and Mr. Fitzpatrick took the oath yesterday. However, under Jefferson’s Standard of collegiality, one is to be in the proximity of the Speaker of the House when taking the oath.” He continued, ““When we report out this rule, we will take the steps to vitiate whatever votes were cast by those two members would obviously have not been in order because they were not standing the chamber.”

    According to Dreier’s Press Secretary Jo Maney, this will probably be in the form of a resolution that is part of the rule that will have to be voted on separately by the House of Representatives. The resolution should also fix any issues that may arise from Sessions taking part in Rules Committee proceedings.

    However, Ranking Member of the Rules Committee Louise Slaughter (D-NY) wasn’t so sure the problem was fixed. Slaughter said that she was “anxious” about the process and did “not want to be in any risk on anything that could go against the Constitution.” She told Dreier that the Committee should “recess and start over.”

    Dreier chose to go on with the hearing without Sessions. Since Sessions wasn’t a member yesterday, he isn’t technically a member of the Rules Committee until the resolution is passed to fix this convoluted problem.

  • Who didn't vote for Pelosi as minority leader?

    From NBC's Shawna Thomas and Luke Russert; msnbc.com's Carrie Dann:

    As her party enters the minority in the U.S. House, former Speaker Nancy Pelosi has been once again elected to the chamber’s top Democratic leadership spot. But Pelosi’s party wasn’t unanimous in backing her for the job, with almost one in ten members of the caucus voting for a different candidate.

    A total of 19 Democrats broke with their party to vote for someone other than Pelosi, whose low approval ratings have been frequently cited as one reason for heavy Democratic losses in the November election.

    Eleven voted for Pelosi rival and Blue Dog Rep. Health Shuler of North Carolina.

    Here’s a full list of the defectors:

    For Shuler (11):
    Altmire (PA)
    Boren (OK)
    Cooper (TN)
    Donnelly (IN)
    Holden (PA)
    Kissell (NC)
    McIntyre (NC)
    Matheson (UT)
    Michaud (ME)
    Ross (AR)
    Shuler (NC)

    For Rep. John Lewis of Georgia (2)
    Barrow (GA)
    Giffords (AZ)

    For Rep. Jim Costa of California (1)
    Cardoza (CA)

    For Rep. Dennis Cardoza of California (1)
    Costa (CA)

    For Rep. Jim Cooper of Tennessee (1)
    Kind (WI)

    For Rep. Marcy Kaptur of Ohio (1)
    Lipinski (IL)

    For Rep. Steny Hoyer of Maryland (1)
    Schrader (OR)

    Voting “present” (1)
    Bishop (GA)

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