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Adam Schiff on Government Reform

Democratic Representative (CA-29)

 


Trump's authoritarianism poses an existential danger

In the year and a half since [Trump's first impeachment], I have thought a lot about what I might have said differently to persuade the senators of what a danger the now former president posed then, and poses still. Whether there was any course we might have taken to prevent what was coming: a violent insurrection at the Capitol, a wave of antidemocratic efforts, and a full-out assault on the truth.

There is now a dangerous vein of autocratic thought running through one of America's two parties, and it poses an existential danger to the country. In this we are not alone. All around the world, there is a new competition between autocracy and democracy, and for more than a decade, the autocrats have been on the rise. This trend toward authoritarianism began before Donald Trump and will not have spent its force when he steps off the political stage for good. It will require constant vigilance on our part to ensure it does not gain another foothold in the highest office in our land.

Source: Midnight in Washington, p. xvi, (on impeaching Trump) , Oct 12, 2021

Congress responsible for allowing new authoritarianism

The actions of our government, like the broader sweep of history, are not taken on their own; they are not the product of impersonal forces operating without human actors and agency. We made Donald Trump possible. We the voters, yes, but we in Congress even more so. He would not have been able to batter and break so many of our democratic norms had we not let him, had we not been capable of endless rationalization, had we not forgotten why we came to office in the first place.

Midnight is the darkest moment of the day everywhere in the world. But it is also the most hopeful, because everything that comes after holds the promise of light. America has a genius for reinvention, and we must use it. From the same forces of bigotry that divided and nearly defeated us in the Civil War, yes, but from something new to the American landscape as well: a dangerous experimentation with a uniquely American brand of authoritarianism.

Source: Midnight in Washington,by Adam Schiff,p. xv-xvi, (on Jan. 6) , Oct 12, 2021

Can't guard democracy against those who won't uphold oath

[On the events of January 6th]: Donald Trump bore responsibility for the mayhem that took place at the Capitol that afternoon. And every day that he would remain in office, he represented a clear and present danger to our democracy. But what took place inside our chamber with the challenge to the electors [--where the Electoral College certification was challenged by Senator Ted Cruz (R-TX) and Rep. Paul Gosar (R-AZ); the Senate voted 93-6 against the objection, and the House voted 303-121 against the objection--], was every bit as much of an attack on our democracy. The assault on our constitutional order was inspired by people wearing suits and ties and cloaked in the genteel language of congressional debate, but their purpose was no less ominous. We can fortify the defenses of the capitol. We can reinforce the doors and put up fences. But we cannot guard our democracy against those who walk the halls of Congress, have taken an oath to uphold our Constitution, but refuse to do so.
Source: Midnight In Washington, by Adam Schiff, p.16-17 , Oct 12, 2021

Congressional Republicans refused to challenge Trump

With remarkable speed, Donald Trump had undermined the foundation of our democracy and projected his warped vision of America onto the world. He had also quickly remade one of America's biggest political parties in his own flawed image, and my Republican colleagues weren't outraged enough to try and stop him. So many of the principles they had claimed to hold dear had fallen away in service of this man, and an effort to preserve their places in office.

Our political system depends on Congress to hold the president accountable. When the founders established the three branches of government, they anticipated friction between them. By allowing each branch to restrain the others, they created a barrier to concentrated power. But in the age of Trump, the founders' check on the executive branch was failing, and Congress was subordinating itself to the president. Republicans in Congress would not challenge a president a president of their party even as he denigrated and demeaned them.

Source: Midnight In Washington, by Adam Schiff, p.161 , Oct 12, 2021

We came so close to losing our democracy

Looking back on these events, I am struck not only by the inevitability of the violent insurrection, but how perilously close Trump came to overthrowing the Government and remaining in office without being elected. The Texas Attorney General filed suit to overturn the election results in four other states, and more than a hundred members of the House filed an amicus brief in support. The Supreme Court declined to hear the case. What if they hadn't? What if the Republican legislature in Pennsylvania had sent an alternate slate of electors to Congress to be counted? What if Georgia's [Secretary of State Brad] Raffensperger had said yes? The brutal assault on the Capitol was never going to succeed in permanently stopping Congress from certifying the results, but only because the House was in Democratic hands. What if Kevin McCarthy had been speaker, and the majority of the House had voted to overturn the decision of the majority of Americans? We came so close to losing our Democracy, so very close.
Source: Midnight In Washington, by Adam Schiff, p.453 , Oct 12, 2021

The second impeachment was not a continuation of the first

[House Speaker Nancy] Pelosi called me to tell me that she was picking a whole new team of managers to try the [second impeachment] case, led by Jamie Raskin. It was exactly the right decision. Had I played a prominent role, Trump and his allies would have made it about me, not him. The second impeachment was not a continuation of the first [impeachment trial, which Rep. Schiff led], even if the verdict in the first had led inexorably to the second. The new team, like the first, represented a beautiful cross section of the country and all its diversity. And Raskin was a beautiful choice to lead--a brilliant constitutional scholar, with a warm and affable air, and the ability to give the impeachment a non-partisan cast. Yet asking Raskin to take on the responsibility of the impeachment was no small task; he had just gone through the most terrible thing any parent could endure-he had lost his beloved son Tommy to suicide.
Source: Midnight In Washington, by Adam Schiff, p.455-456 , Oct 12, 2021

Under Trump, Congress saw its oversight powers emasculated

No institution suffered more under Trump presidency than the Congress, which saw its oversight powers emasculated , and its impeachment powers rendered obsolete. Shockingly, many of the injuries to the Congress were self-inflicted, when members of the president's party abdicated those powers to the executive. In the wake of Trump's many abuses of office, I introduced a broad set of reforms--the Protecting our Democracy Act--to strengthen the guardrails once again, by giving previous norms the force of law. Even so, they may not be enough when faced with an unscrupulous president who enjoys a zealously partisan majority. The founders warned that their carefully calibrated system of checks and balances might give way. Even our greatest capacity to constrain the administration, by cutting off its funding, has been willingly abdicated when the president demanded it -- [such] as when he diverted military funding to build a wall that Congress had rejected.
Source: Midnight In Washington, by Adam Schiff, p.465-466 , Oct 12, 2021

Congress must act to protect elections from Russians

You would not tell us the results or whether other bodies looked into Russian compromise in the form of money laundering, so we must do so.

The Russians massively intervened in 2016 and they are prepared to do so again in voting that is set to begin a mere eight months from now.

We must make all efforts to harden our elections infrastructure, to ensure there is a paper trail for all voting, to deter the Russians from meddling, to discover it when they do, to disrupt it and to make them pay. Protecting the sanctity of our elections begins with the recognition that accepting foreign help is disloyal to our country, unethical and wrong.

We cannot control what the Russians do, not completely, but we can decide what we do and that this centuries-old experiment we call American democracy is worth cherishing.

Source: Congressional Testimony on Mueller Report , Jul 24, 2019

Supports CIA report: Russia interfered with 2016 election

The House's Russia investigation [disagrees with key aspects of] the intelligence community's findings, enshrined in its January 2017 assessment that Russia and Putin "developed a clear preference for President-elect Trump."

Some Republicans on the House panel agreed that the evidence failed to support the intel agencies' conclusions. Rep. Adam Schiff of California, the top Democrat on the panel, said that Democrats had hoped to at least find agreement with Republicans on the fundamentals of Russia's scheme to interfere in the 2016 election. But that hope evaporated, he said, with the GOP's decision to break from the intelligence community.

"It had been our hope for some time that even if there were areas of disagreement with the majority, that we could at least come together on a report that validated the findings of the intelligence community," he said. "This represents to me the completeness of the GOP's capitulation to the White House, and that leaves very little common ground."

Source: Politico.com on Russia investigation & impeachment of Trump , Mar 13, 2018

Voted YES on Senate pay raise.

Congressional Summary:
    Makes appropriations to the Senate for FY2010 for:
  1. expense allowances;
  2. representation allowances for the Majority and Minority Leaders;
  3. salaries of specified officers, employees, and committees (including the Committee on Appropriations);
  4. agency contributions for employee benefits;
  5. inquiries and investigations;
  6. the Senate Caucus on International Narcotics Control;
  7. the Offices of the Secretary and of the Sergeant at Arms and Doorkeeper of the Senate;
  8. miscellaneous items;
  9. the Senators' Official Personnel and Office Expense Account; and
  10. official mail costs.
Amends the Legislative Branch Appropriation Act of 1968 to increase by $50,000 the gross compensation paid all employees in the office of a Senator. Increases by $96,000 per year the aggregate amount authorized for the offices of the Majority and Minority Whip.

Proponent's argument to vote Yes:Rep. WASSERMAN SCHULTZ (D, FL-20): We, as Members of Congress, have responsibility not just for the institution, but for the staff that work for this institution, and to preserve the facilities that help support this institution. We have endeavored to do that responsibly, and I believe we have accomplished that goal.

Opponent's argument to vote No:Rep. SCALISE (R, LA-1): It's a sad day when someone attempts to cut spending in a bill that grows government by the size of 7%, and it's not allowed to be debated on this House floor. Some of their Members actually used the term "nonsense" and "foolishness" when describing our amendments to cut spending; they call that a delaying tactic. Well, I think Americans all across this country want more of those types of delaying tactics to slow down this runaway train of massive Federal spending. Every dollar we spend from today all the way through the end of this year is borrowed money. We don't have that money. We need to control what we're spending.

Reference: Legislative Branch Appropriations Act; Bill HR2918&S1294 ; vote number 2009-H413 on Jun 19, 2009

Voted YES on requiring lobbyist disclosure of bundled donations.

Amends the Lobbying Disclosure Act of 1995 to require a registered lobbyist who bundles contributions totaling over $5,000 to one covered recipient in one quarter to:
  1. file a quarterly report with Congress; and
  2. notify the recipient.
"Covered recipient" includes federal candidates, political party committees, or leadership PACs [but not regular PACs].

Proponents support voting YES because:

This measure will more effectively regulate, but does not ban, the practice of registered lobbyists bundling together large numbers of campaign contributions. This is a practice that has already taken root in Presidential campaigns. "Bundling" contributions which the lobbyist physically receives and forwards to the candidate, or which are credited to the lobbyist through a specific tracking system put in place by the candidate. This bill requires quarterly reporting on bundled contributions.

We ultimately need to move to assist the public financing of campaigns, as soon as we can. But until we do, the legislation today represents an extremely important step forward.

Opponents support voting NO because:

This legislation does not require that bundled contributions to political action committees, often referred to as PACs, be disclosed. Why are PACs omitted from the disclosure requirements in this legislation?

If we are requiring the disclosure of bundled contributions to political party committees, those same disclosure rules should also apply to contributions to PACs. Party committees represent all members of that party affiliation. PACs, on the other hand, represent more narrow, special interests. Why should the former be exposed to more sunshine, but not the latter?

The fact that PACs give more money to Democrats is not the only answer. Time and again the majority party picks favorites, when what the American people want is more honesty and more accountability.

Reference: Honest Leadership and Open Government Act; Bill H R 2316 ; vote number 2007-423 on May 24, 2007

Voted YES on granting Washington DC an Electoral vote & vote in Congress.

Bill to provide for the treatment of the District of Columbia as a Congressional district for representation in the House of Representatives, and in the Electoral College. Increases membership of the House from 435 to 437 Members beginning with the 110th Congress. [Political note: D.C. currently has a non-voting delegate to the US House. Residents of D.C. overwhelmingly vote Democratic, so the result of this bill would be an additional Democratic vote in the House and for President].

Proponents support voting YES because:

This bill corrects a 200-year-old oversight by restoring to the citizens of the District of Columbia the right to elect a Member of the House of Representatives who has the same voting rights as all other Members.

Residents of D.C. serve in the military. They pay Federal taxes each year. Yet they are denied the basic right of full representation in the House of Representatives.

The District of Columbia was created to prevent any State from unduly influencing the operations of the Federal Government. However, there is simply no evidence that the Framers of the Constitution thought it was necessary to keep D.C. residents from being represented in the House by a voting Member.

Opponents support voting NO because:

The proponents of this bill in 1978 believed that the way to allow D.C. representation was to ratify a constitutional amendment. The Founders of the country had the debate at that time: Should we give D.C. a Representative? They said no. So if you want to fix it, you do it by making a constitutional amendment.

Alternatively, we simply could have solved the D.C. representation problem by retroceding, by giving back part of D.C. to Maryland. There is precedent for this. In 1846, Congress took that perfectly legal step of returning present-day Arlington to the State of Virginia.

Reference: District of Columbia House Voting Rights Act; Bill H R 1905 ; vote number 2007-231 on Apr 19, 2007

Voted YES on protecting whistleblowers from employer recrimination.

Expands the types of whistleblower disclosures protected from personnel reprisals for federal employees, particularly on national security issues.

Proponents support voting YES because:

This bill would strengthen one of our most important weapons against waste, fraud and abuse, and that is Federal whistleblower protections. Federal employees are on the inside and offer accountability. They can see where there is waste going on or if there is corruption going on.

One of the most important provisions protects national security whistleblowers. There are a lot of Federal officials who knew the intelligence on Iraq was wrong. But none of these officials could come forward. If they did, they could have been stripped of their security clearances, or they could have been fired. Nobody blew the whistle on the phony intelligence that got us into the Iraq war.

Opponents support voting NO because:

It is important that personnel within the intelligence community have appropriate opportunities to bring matters to Congress so long as the mechanisms to do so safeguard highly sensitive classified information and programs. The bill before us suffers from a number of problems:

  1. The bill would conflict with the provisions of the existing Intelligence Community Whistleblower Protection Act of 1998, which protecting sensitive national security information from unauthorized disclosure to persons not entitled to receive it.
  2. The bill violates the rules of the House by encouraging intelligence community personnel to report highly sensitive intelligence matters to committees other than the Intelligence Committees. The real issue is one of protecting highly classified intelligence programs and ensuring that any oversight is conducted by Members with the appropriate experiences, expertise, and clearances.
  3. This bill would make every claim of a self-described whistleblower, whether meritorious or not, subject to extended and protracted litigation.
Reference: Whistleblower Protection Enhancement Act; Bill H R 985 ; vote number 2007-153 on Mar 14, 2007

Voted NO on requiring photo ID for voting in federal elections.

Requires that to vote in federal elections, an individual present a government-issued, current, and valid photo identification. After 2010, that ID must require providing proof of US citizenship as a condition for issuance. An individual who does not present such an ID is permitted to cast a provisional ballot, and then present the required ID within 48 hours. Exempts from this requirement the absentee ballot of any eligible overseas military voter on active duty overseas.

Proponents support voting YES because:

The election system is the bedrock that our Republic is built on and its security and oversight is of paramount concern. Only US citizens have the right to vote in Federal elections, but our current system does not give State election officials the tools they need to ensure that this requirement is being met.

This bill is designed to increase participation by ensuring that each legitimate vote will be counted and not be diluted by fraud. There are many elections in this country every cycle that are decided by just a handful of votes. How can we be certain that these elections, without measures to certify the identity of voters, are not being decided by fraudulent votes?

Opponents support voting NO because:

There is something we can all agree on: only Americans get to vote, and they only get to vote once. But what we are talking about in this bill is disenfranchising many of those Americans. It is already a felony for a non-American to vote. We had hearings and what we found out was that the issue of illegal aliens voting basically does not occur.

The impact of this will disproportionately affect poor people and African Americans, because many are too poor to have a car and they do not have a license. We have no evidence there is a problem. We have ample evidence that this will disenfranchise many Americans. This is the measure to disenfranchise African Americans, Native Americans. It is wrong and we will not stand for it.

Reference: Federal Election Integrity Act; Bill H R 4844 ; vote number 2006-459 on Sep 20, 2006

Voted NO on restricting independent grassroots political committees.

A "527 organization" is a political committee which spends money raised independently of any candidate's campaign committee, in support or opposition of a candidate or in support or opposition of an issue. Well-known examples include MoveOn.org (anti-Bush) and Swift Boat Veterans for Truth (anti-Kerry). Voting YES would regulate 527s as normal political committees, which would greatly restrict their funding, and hence would shift power to candidate committees and party committees. The bill's opponents say:
  • This legislation singles out 527 organizations in an effort to undermine their fundraising and is a direct assault on free speech.
  • This bill would obstruct the efforts of grassroots organizations while doing nothing to address the culture of corruption in Congress.
  • H.R. 513 is an unbalanced measure that favors corporate trade associations over independent advocates. Corporate interests could continue spending unlimited and undisclosed dollars for political purposes while independent organizations would be subject to contribution limits and source restrictions.
  • H.R. 513 also removes all limits on national and state party spending for Congressional candidates in primary or general elections--an unmasked attack on the Bipartisan Campaign Reform Act and clear evidence that the true intention in advancing H.R. 513 is not reform, but partisan advantage in political fundraising.
    Reference: Federal Election Campaign Act amendment "527 Reform Act"; Bill H.R.513 ; vote number 2006-088 on Apr 5, 2006

    Voted NO on prohibiting lawsuits about obesity against food providers.

    The Personal Responsibility in Food Consumption Act ("The Cheesburger Bill") would prevent civil liability actions against food manufacturers, marketers, distributors, advertisers, sellers, and trade associations for claims relating to a person's weight gain, obesity, or any health condition associated with weight gain or obesity. A YES vote would:
    Reference: The Cheesburger Bill; Bill HR 554 ; vote number 2005-533 on Oct 19, 2005

    Voted NO on limiting attorney's fees in class action lawsuits.

    Class Action Fairness Act of 2005: Amends the Federal judicial code to specify the calculation of contingent and other attorney's fees in proposed class action settlements that provide for the award of coupons to class members. Allows class members to refuse compliance with settlement agreements or consent decrees absent notice. Prohibits a Federal district court from approving:
    1. a proposed coupon settlement absent a finding that the settlement is fair, reasonable, and adequate;
    2. a proposed settlement involving payments to class counsel that would result in a net monetary loss to class members, absent a finding that the loss is substantially outweighed by nonmonetary benefits; or
    3. a proposed settlement that provides greater sums to some class members solely because they are closer geographically to the court.
    Reference: Bill sponsored by Sen. Chuck Grassley [R, IA]; Bill S.5 ; vote number 2005-038 on Feb 17, 2005

    Voted NO on restricting frivolous lawsuits.

    Lawsuit Abuse Reduction Act of 2004: Amends the Federal Rules of Civil Procedure to:
    1. require courts to impose sanctions on attorneys, law firms, or parties who file frivolous lawsuits (currently, sanctions are discretionary);
    2. disallow the withdrawal or correction of pleadings to avoid sanctions;
    3. require courts to award parties prevailing on motions reasonable expenses and attorney's fees, if warranted;
    4. authorize courts to impose sanctions that include reimbursement of a party's reasonable litigation costs in connection with frivolous lawsuits; and
    5. make the discovery phase of litigation subject to sanctions.
    Reference: Bill sponsored by Rep Lamar Smith [R, TX-21]; Bill H.R.4571 ; vote number 2004-450 on Sep 14, 2004

    Voted YES on campaign finance reform banning soft-money contributions.

    Shays-Meehan Campaign Finance Overhaul: Vote to pass a bill that would ban soft money contributions to national political parties but permit up to $10,000 in soft money contributions to state and local parties to help with voter registration and get-out-the-vote drives. The bill would stop issue ads from targeting specific candidates within 30 days of the primary or 60 days of the general election. Additionally, the bill would raise the individual contribution limit from $1,000 to $2,000 per election for House and Senate candidates, both of which would be indexed for inflation.
    Reference: Bill sponsored by Shays, R-CT, and Meehan D-MA; Bill HR 2356 ; vote number 2002-34 on Feb 14, 2002

    Voted NO on banning soft money donations to national political parties.

    Support a ban on soft money donations to national political parties but allow up to $10,000 in soft-money donations to state and local parties for voter registration and get-out-the vote activity.
    Bill HR 2356 ; vote number 2001-228 on Jul 12, 2001

    Voluntary public financing for all general elections.

    Schiff adopted the manifesto, "A New Agenda for the New Decade":

    Return Politics to the People
    At a time when much of the world is emulating American values and institutions, too many Americans have lost confidence in their political system. They are turned off by a partisan debate that often seems to revolve not around opposing philosophies but around contending sets of interest groups. They believe that our current system for financing campaigns gives disproportionate power to wealthy individuals and groups and exerts too much influence over legislative and regulatory outcomes.

    The time for piecemeal reform is past. As campaign costs soar at every level, we need to move toward voluntary public financing of all general elections and press broadcasters to donate television time to candidates.

    The Internet holds tremendous potential for making campaigns less expensive and more edifying and for engaging Americans directly in electoral politics. We should promote the Internet as a new vehicle for political communication and champion online voting.

    Source: The Hyde Park Declaration 00-DLC9 on Aug 1, 2000

    Supports Shays-Meehan Campaign Finance Reform.

    Schiff adopted the Blue Dog Coalition press release:

    In a press conference today the Blue Dog Coalition, a group of 32 moderate to conservative Democrats, announced their continued support for the Shays-Meehan Campaign Finance Reform bill (H.R. 2356), which is being debated on the House floor today. The Coalition was joined by the lead sponsors of the Senate Campaign Finance Reform bill. “I believe that we need to end the influence of ‘soft money’ generated from undisclosed sources. And I believe that we need to rein in illegal foreign contributions,” said Rep. Ken Lucas (KY), Blue Dog Campaign Finance Reform Task Force Co-Chairman. “True campaign finance reform will restore to the American people their voice in the legislative process--a voice that has been drowned out in recent years by big-money donors.”

    The Blue Dog Coalition endorsed the Shays-Meehan bill in March of this year. An official Blue Dog endorsement comes with the approval of no less than two-thirds of the Coalition’s 32 members. “My own campaign experience has demonstrated to me the need for strong campaign finance reform measures,” said freshman Blue Dog Rep. Adam Schiff (CA), whose victory last November was the most expensive House race to date – combined, both candidates spent $11 million. “In order to protect the integrity of our democratic electoral process, we must reduce the corrosive influence of unregulated soft money donations.”

    “I have been a strong supporter of Shays-Meehan and urge my colleagues to join with us so we can restore the faith of the American people in our elections,” said Rep. Dennis Moore (KS), a member of the Blue Dog Campaign Finance Reform Task Force. “I’ve worked with Sen. McCain on reform legislation before and I know that by working in a bipartisan manner, we can get big money out of politics.”

    Source: Blue Dog Coalition press release 01-BDC4 on Jul 12, 2001

    Ban stock trading based on Congressional insider knowledge.

    Schiff co-sponsored STOCK Act

    Congressional Summary:Stop Trading on Congressional Knowledge Act (STOCK Act): Amends the Securities Exchange Act and the Commodity Exchange Act to prohibit purchase or sale of either securities or commodities by a person in possession of material nonpublic information regarding pending or prospective legislative action.

    Bill explanation (ProCon.org, "Insider Trading by Congress", Feb. 3, 2012):

    Source: H1148/S1871 11-S1871 on Nov 15, 2011

    Require full disclosure of independent campaign expenditures.

    Schiff co-sponsored DISCLOSE Act

    Congressional Summary:

    Wikipedia & OnTheIssue Summary: