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According to publicly available documents reviewed by CNN, Democrats in March began inserting language into House rules that essentially prevents Republicans from using an “investigative resolution.” This tool allows a legislator to formally request information from the executive. Once the investigation has been initiated, the competent committee is required to act within 14 days or it can be referred to as a privileged resolution in the Assembly.
While an investigative resolution has less bite than a subpoena – and the ruling party would have the numbers to stop it moving forward – it’s one of the few investigative tools that the minority disposes. At the very least, it would allow the minority party to force members of the majority to take a public stand and vote on certain issues in committee.
House Democrats used several investigative resolutions when they were in the minority during President Donald Trump’s first two years in office, using them on everything from Trump’s taxes to Russia, though the demands were turned down by the committees led by the GOP at the time.
House Minority Leader Kevin McCarthy has warned the Democrats’ measures could come “a lot” back to haunt them if they lose the majority.
“This is another example of one-party control, trying to control your information, trying to intimidate you, from fine to proxy, who can be on the committee,” McCarthy told CNN Wednesday. “All of the actions that are taking place have never been done before in Congress.”
The Californian Republican has not ruled out maintaining some of those restrictions if the GOP returns to the House in 2022.
“I’m not going to promise a thing,” McCarthy said, “but I’m going to watch everything.”
Democrats say they suspended the use of such resolutions because Republicans began to erase procedural work earlier this year with various procedural votes, and they wanted to hamper the GOP’s ability to disrupt ground proceedings.
“The courts committees are fulfilling their constitutional responsibility to monitor the situation in Afghanistan and there are regular bipartite briefings,” said a spokesperson for the House Rules Committee, which is chaired by the Democrats, noting that the House is also voting on bipartisan amendments. this week regarding Afghanistan.
“Republicans have consistently tried to disrupt the House floor, demanding votes even on non-controversial bills they support,” the spokesperson said. “Now they are demanding even more tools to derail the work of congressional committees. We remain focused on enabling committees to do their jobs and pass legislation for the American people.”
But Republicans say this is just the latest example of how Democrats have eroded minority party rights. Earlier this year, Democrats chose to weaken a procedural tool known as the “re-engagement motion” after Republicans successfully used it to force hard ground votes on sensitive issues.
The Democratic effort to block investigative resolutions began six months ago, but some Republicans on the committee only recently found out about the restrictions as they began to tighten oversight of the Biden administration’s withdrawal from Afghanistan. .
“The Democratic leadership has suspended a centuries-old House rule that allows increased scrutiny of Congress – all to protect President Biden from scrutiny of the multiple disasters caused by his failing leadership,” said Representative Michael McCaul of Texas, the highest House Republican. Foreign Affairs Committee, said in a statement to CNN.
He added: “Whether it is the deadly disaster in Afghanistan or the crisis on our southern border, the American people expect Congress to hold the executive branch accountable for its mistakes. The majority must lift this indefinite ban on investigative resolutions and allow vigorous oversight. ”
This story was updated with additional developments on Wednesday.
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