Max Sandlin

Mr. SANDLIN

Mr. SANDLIN. Mr. Speaker, I would respond to my good friend's questions, and certainly the gentlewoman from Houston, Texas (Ms. Jackson-Lee) is an attorney and someone who respects our Constitution and legal process completely. In response to the questions raised by my good friend, the gentlewoman from Texas (Ms. Jackson-Lee), certainly we are all concerned about the abuse of process and the abuse and use of Federal assets for a purely political purpose, as has been acknowledged and has been reported in the press. Closely akin to that are these issues that she has rightly brought up about our concern about the abuse of the use of law enforcement officers, whom we all respect, for undue political influence. Again, we are not criticizing the officers. We feel like we have the finest Department of Public Safety and deputy sheriffs and sheriffs and police and law enforcement officers in the country. They merely follow their orders. But let us look at some of these very serious things that have happened. Some I alluded to briefly in my opening remarks. Let us see exactly what we are talking about, the use of the power of the State to intimidate citizens of this country. Craig Eiland is a State Representative from Texas. His wife recently had premature twins. They are in the neonatal intensive care unit in the hospital. The Texas Rangers were sent to the neonatal unit in the hospital to question nurses. His wife was not there but was at home, so the Texas Rangers went to her home to question her about the whereabouts of her husband. Chuck Hopson is one of the State Representatives from east Texas in my district. He is not only a courageous public servant, a thoughtful man, someone interested in his constituents and his family and a political friend of mine, but he is a personal friend of mine, as is his wife. His wife left Austin, the capital city of Texas. On the way home to Jacksonville, Texas, an approximately 4 to 4\1/2\ hour drive, as she left Austin, a DPS officer got on her bumper and followed her the entire way home. As she sped up, so did the officer; as she slowed down, so did the officer; when she pulled over, so would the officer, all the way to her home, purely for the purposes of intimidation. It is important to note at this time everyone in the country knew where the legislators were. They were in Ardmore, Oklahoma. But Chuck Hopson's wife, as a result of his commitment to service to the people of the State of Texas, he placed his wife in a difficult situation. El Paso police entered the home of Representative Joe Pickett. Joe Pickett is a State Representative. He was gone. His wife was away from the home. His 17-year-old daughter was there alone. The police came in inquiring about his whereabouts; and, as Joe said, ``They scared the holy hell out of her.'' She did not know what was going on. Again, they knew exactly where Representative Pickett was. Representative Joe Menendez, his wife found her car vandalized after a legislative ladies luncheon. It was parked in front of the Governor's mansion. I would think it would be safe. Law enforcement officers were dispatched, and this is particularly egregious, dispatched to terrorize the staff of the House of Representatives in Austin. A senior staff member of Representative Elliott Naishtat was told that it was a felony to withhold information on the whereabouts of the State Representative. When asked what law was broken, the staff member was shown a copy of the House rules; clearly not a felony, and clearly what they said was a lie. These folks, these young people that give of their time and effort in poorly paid jobs to serve the people of the State of Texas were being terrorized by law enforcement officers, only for political purposes. Representative Patrick Rose is a Democrat from Dripping Springs, where I recently had an opportunity to be. His car was searched. His car was left at a friend's house, and it was searched after the lawmakers were found in Oklahoma, after. This is no attempt to find these folks. They know exactly where they are. They are terrorizing their families, and they are terrorizing their property, trying to get them to come back or say, we can show you. We can use the power of the State to intimidate you and to make you buckle and to make you cave in. But they misjudged the character of our State Representatives. Let me tell Members about what a Corpus Christi newspaper reported. In southeast Texas, the wife of State Representative Jaime Capelo, Democrat, Corpus Christi, looked out her kitchen window Tuesday and noticed a blue four-door vehicle driving past. The driver looked at her home as it passed. The driver pulled up next to a white Chevrolet pick- up down the street. ``I asked him why he was watching my house. The man identified himself as a State trooper,'' and he told her that officials in Austin had called his office and told the troopers to follow her. Told the troopers to follow her. Using law enforcement officers, with other challenges, to follow people for those reasons.

Mr. SANDLIN

Mr. SANDLIN. Mr. Speaker, there is disturbing news coming out of Washington, D.C., and Austin, Texas, today that should be of great and grave concern to all Americans. Because, Mr. Speaker, the Department of Homeland Security, a U.S. government agency, has basically now had to admit that it used a homeland security plane and government resources for political purposes and now they are covering it up. As most of the country now knows, Texas Democrats in the State House recently absented themselves from the floor to break a quorum, a legitimate parliamentary maneuver. This angered the Republican powers that be in Washington, D.C. A homeland security plane was dispatched to try to follow and harass Pete Laney, the former Democratic Speaker of the Texas House, and other members. Upon being caught and not before, the Department of Homeland Security said that they actually were under the impression that the plane was lost or crashed. Mr. Speaker, that is just not credible. That is just not so. Period. Now it has been learned that a tape and a transcript of the contact between Homeland Security and law enforcement has been discovered. And what has been the response of homeland security? They refused to turn over the tape. They refused to turn over the transcript. Mr. Speaker, I have two questions. What did they know and when did they know it? The U.S. Congress calls upon Homeland Security to release the tapes, stop the cover-up, and do it now. Otherwise, they need to get a dictionary and they need to look up the word ``subpoena.'' Otherwise, they need to get the statutes and look up in the statutes the term ``freedom of information.'' The use of the Federal Government for political purposes should frighten all Americans. The Fort Worth Star-Telegram said this Sunday, ``To meet the threat of global terrorism, the United States is assembling enormous Federal resources focusing on activities in American cities, neighborhoods and countrysides that could endanger those citizens. If we are to have this security apparatus, it must be contained to its designated purposes. There must be every safeguard so that it does not cross the thin line between protecting innocent citizens and spying on their private lives. That these security resources were used no matter in what minor way in a Texas political dispute should be alarming to us all.'' And, Mr. Speaker, alarmingly there is more. Not only has the Federal Government been spying on citizens for private purposes and then covering it up but also the authority of the state has been used to intimidate and terrorize the families of Texas legislators. Here are some examples: Representative Craig Eiland, his wife recently had premature twins, the twins in the neonatal unit of the hospital. Investigators were sent to the neonatal unit to investigate and question nurses, sent to his wife's home to terrorize her. Representative Chuck Hopson, his wife left Austin to drive 4 miles to Jacksonville. The law enforcement officer got on her bumper and went with her the entire way. Police entered the home of Joe Pickett, a State representative. His 17-year-old daughter was there alone, and as he explained it, ``They scared the holy hell out of her.'' Patrick Rose had his car searched after it had been placed on the TV and everybody in the whole country knew that the Texas legislators were in Oklahoma. A senior staff member, Representative Naishtat, was told it was a felony to withhold information about his whereabouts, a total lie. In the Corpus Christi newspaper it said this: ``The wife of State Representative Jaime Capelo, Democrat, Corpus Christi, looked out her kitchen window Tuesday and noticed a blue four-door vehicle driving past. The driver looked at her home as he passed. The vehicle pulled up next to a white Chevy. `I asked him why he was watching my house.' The man identified himself as a State trooper and told her that officials in Austin had called his office and told the troopers to follow her.'' These abuses and others prompted State Representative Jim Dunnam from Waco to send a letter to Speaker Craddick and say in part: ``P.S. as you know, we are at the Holiday Inn in Ardmore, Oklahoma. Please stop having our loved ones followed and staked out by law enforcement.'' Mr. Speaker, surely, surely Mr. Craddick's family raised him better than that. Mr. Speaker, using the power and authority of the Federal Government to trample the U.S. Constitution and the freedoms we hold dear is outrageous. Covering it up makes it worse. Coordinating with State enforcement to terrorize innocent families is not only illegal; it is inexcusable. It is time for the Federal Government to come clean and come clean now. Release the tapes, release the transcripts, stop the cover-up. The Constitution is superior to the arrogance of power. Thanks to my State reps, Barry Telford, Mark Homer, Chuck Hopson, they know that. They have learned that lesson. I wish the Republican power brokers in Washington, D.C. do the same thing.

Mr. SANDLIN

Mr. SANDLIN. Mr. Speaker, the improper and purely partisan power grab by Tom DeLay and Washington, D.C., Republicans to redistrict Texas and destroy rural representation is an affront to the citizens and the voters of the great State of Texas. This arrogant play is not about our State, our communities, our constituencies. This is political gluttony, selfishness. Even the Republicans' own witness in their 2000 redistricting battle has acknowledged that this plan is a partisan feeding frenzy. Listen to what the Republican witness said in a trial in 2001. The Republican expert witness, Rice University Professor John Alford, called the plan ``a pro-Republican partisan gerrymandering, on top of an already pro- Republican existing plan.'' That is what their expert has said about the current map. Mr. Speaker, in Texas, we say pigs get fat, hogs get slaughtered. Overreaching is apparently the word of the day. Mr. Speaker, this plan does not just destroy Democratic representation, this map destroys rural representation. This map displaces rural northeast Texas into a Dallas suburban district. Southeast Texas becomes dominated by Houston suburbs. Deep east Texas becomes a Tyler district just east of Dallas. Waco would become a part of Fort Worth. And Abilene would be dominated by Lubbock. In addition to arrogant politics, this is poor public policy. Urban districts and rural districts have different interests, different needs, different representations. My district has issues such as water, timber, rural health care, steel. Issues are different in urban areas. Texarkana, meet Plano. Sulfur Springs, this is Highland Park. Tatum? Houston is calling. Red River County's median income, $28,000 a year; Collin County's median income, $73,000 a year. If you live in Texas, you know this plan will not work, yet the Republican powers that be in Washington continue to run roughshod over the Texas Legislature, both Democrats and Republicans. Everyone knows this process is a sham, a joke, an embarrassment, and illegal. In fact, it is no process at all. This is an insult to the word ``process.'' It is a naive, weak-kneed Republican-controlled statehouse letting Washington, D.C., insiders run over it. As a result, 53 principled Democrats in the statehouse stood up for the citizens of our State and said, enough. They broke the politically decreed quorum. Thank God these men and women stood up against the tyranny and heavy- handedness of the mindless majority. Thank God fierce independence still lives. But, Mr. Speaker, let us step back and see what Republican representatives in Texas, not Republican Representatives in Washington, D.C., working their will are saying. Let us see what they say in Texas. Representative Charlie Geren, Republican, Fort Worth, said the Democrats were doing what they believed they needed to do in order to represent their constituents. ``I understand what they're doing. It's just really the only tool in their toolbox,'' Geren said. ``They're passionate about the map that's in front of us not being good for their constituents.'' Representative Pat Haggerty, Republican, El Paso. ``It's the smartest move they could have made,'' Haggerty said. ``Under the circumstances, it was the only alternative they had. It's been done before. It's in the rules, and they're playing by the rules.'' That is what the Republicans in Texas said. The Democrats are working hard, standing tall, standing up for their constituents and playing by the rules. Let us stop this Tom and Gerrymandering dead in its tracks. Let us get the State back to the issue of education, back to the issue of the budget, back to the issue of taxes, back to the issue of homeland security. Mr. Speaker, let us get the State House back to the issues of the people. That is what they expect, and that is what they deserve.

Mr. SANDLIN

Mr. SANDLIN. I yield to the gentleman from Waco, Texas.

Mr. SANDLIN. Reclaiming my time for just a moment, let me make an inquiry of the gentleman, and I would like for him to continue, but let me make sure that I have this straight so that we understand what we are saying and what he is talking about. Is the gentleman saying that the home Homeland Security Department that is charged with our homeland defense, that at a time when we are facing terrorism abroad and at home, and at a time when our State has a $10 billion deficit, and at a time when the Federal Government has a $7 trillion debt, are you saying at a time when these folks are charged with protecting our shores, our homes, our families, the very security of our country, at a time when that is their charge, that the government is using them for a political purpose to track down airplanes of State legislators for their political purpose?

Mr. SANDLIN. Mr. Speaker, I yield to the gentleman from Beaumont, Texas (Mr. Lampson).

Mr. SANDLIN. Mr. Speaker, I yield to the gentleman from central Texas (Mr. Edwards).

Mr. SANDLIN. Mr. Speaker, I yield to the gentlewoman from Texas (Ms. Jackson-Lee).

Mr. SANDLIN. Mr. Speaker, President Carter once said that we must adjust to changing times, but maintain unchanging principles. Today, in Texas, we have 53 brave and principled men and women, Texas legislators, all who are doing exactly that. They are adjusting to changing times. They are maintaining unchanging principles. The issue of Texas redistricting has certainly gotten much media attention in the last couple of days due to the principled and brave actions of 53 Texas patriots. I particularly want to thank east Texas Representatives Barry Telford, Mark Homer, Chuck Hopson, Jim McReynolds and Dan Ellis for their leadership; also Representatives Dunnam, Deshotel and others who have been at the forefront of this battle along with many other members of the Texas House. The issue of Texas redistricting has been a long road for us, and each step of the way paved by the gentleman from Texas (Mr. DeLay) has been difficult and detrimental to rural Texans and particularly to my constituents in east Texas. Right out of the starting block, Tom DeLay's race to redistrict has been an absolute sham. We know it, the Republicans know it, Tom DeLay knows it. The media in Texas knows it. Everybody in this House knows it. It is nothing but a sham. From the get-go, the Texas House Republicans refused to unveil a real map to the public, refused to have open field hearings, refused to have notices in the Spanish language, refused to discuss the issue in the light of day, refused to give our voters a choice, and refused to consider doing anything other than what Tom DeLay just told them to do. Mr. Speaker, I am sure my colleagues have seen the bobblehead dolls whose heads bounce in agreement to their owner's demands. The leadership of the Texas House comes to mind. Let me point out that there is no need to redistrict. Two years ago the State legislature could not come to an agreement on a redistricting plan, so the courts approved a fair and constitutional congressional map for Texas after a full and complete hearing with evidence presented by both Democrats and Republicans, with experts, with people from communities, with maps, a complete trial before a three-judge panel. The plan was agreed upon and voters elected who they felt would best represent them in the United States Congress, either Republicans or Democrats. It was their choice. Tom DeLay's plan seeks to change all that. He wants to choose our congressional Representatives for us rather than the voters choosing their own Representatives. That is not how we operate in Texas. That is not how we operate in this country, and the leader should be ashamed of himself. On May 7, 2003, the Associated Press attributed the following quote to Mr. DeLay: ``I am the majority leader, and we want more seats.'' That single statement, in all of its arrogance, pretty well sums up the consideration, the thought that has gone into the Texas redistricting process. We want more seats, and traditions, communities of interest, minorities, constituencies be damned. We want more seats, and we do not care who you are or who you represent. We want more seats, and you cannot do anything about it. Well, apparently, they can, and they have. When Barry Telford, Mark Homer, Chuck Hobson, and some 50 other Democrats broke the House quorum, they used the only option available to halt DeLay's partisan assault on Texas. And this option is completely within the rules. It is anticipated by the rules of the House. It is a tool available. Let us see what some Republicans said, not Tom DeLay's lackeys in Washington; but let us see what Republicans in the House in Texas have said about this. Representative Charlie Geren, Fort Worth, Republican, said, ``The Democrats were doing what they believed they needed to do in order to represent their constituents. I understand what they are doing. It's just really the only tool in their toolbox,'' Geren said. ``They are passionate about the map that is in front of us not being good for their constituents.'' Representative Pat Haggerty, a Republican from El Paso, ``It's the smartest move they could have made,'' Haggerty said. ``Under the circumstances, it was the only alternative they had. It has been done before. It's in the rules, and they are playing by the rules.''

Mr. SANDLIN. I yield to my friend and colleague from Austin.

Mr. SANDLIN. I yield to the gentlewoman from Houston (Ms. Jackson-Lee of Texas).

Mr. SANDLIN. Well, Mr. Speaker, reclaiming my time, I believe I am. And as the gentleman well knows, the President had his speech on the floor of the House.

Mr. SANDLIN. Reclaiming my time once again, as the gentleman knows, Speaker of the House, Democrat Pete Laney, was chosen to introduce the new Republican President from Texas.

Mr. SANDLIN. Apparently, Mr. Laney is along with the other Texas heroes. He is in Oklahoma, standing up for Texas voters, standing up for the people of Texas and our Constitution after having been trailed there by Federal investigators and Federal people that tracked him down using Federal funds, for political purposes, to make sure they knew where he went.

Mr. SANDLIN. Surely.

Mr. SANDLIN. Mr. Speaker, I yield to the gentleman from Texas (Mr. Green).

Mr. SANDLIN. Mr. Speaker, I believe that is the truth, and I guess they are treating them as exploited children. I do not know, but it is clearly a misuse of the purpose of that notification center. It is absolutely outrageous; and as the gentleman knows from his leadership in the Caucus for Missing and Exploited Children, this Congress and the statehouse in Texas has worked very hard to help identify missing and exploited children, children that are away from their parents, and the assets and the energies of the AMBER Alert system are to do just that, not to find adult legislators, number one; and, number two, certainly not when everyone in the whole country knows exactly where they are.

Mr. SANDLIN. Mr. Speaker, I yield to the gentleman from Texas (Mr. Doggett).

Mr. SANDLIN. Mr. Speaker, I yield to a new Member the gentleman from Texas (Mr. Bell).

Mr. SANDLIN. I yield to the gentleman from Dallas (Mr. Frost).

Mr. SANDLIN. Mr. Speaker, I thank the gentleman from Texas (Mr. Bell). Let me say before the gentleman from Austin leaves the Chamber, we appreciate his leadership in working on the issue of the misuse of Federal Government assets for intimidation and for political use, and I would also like to point out before yielding that this is also happening, as we know, at the State level with the use of State assets for political purposes. One of the State representatives in Texas, one of the heroes helping break the quorum is Representative Craig Eiland. Unfortunately, Representative Craig Eiland's wife was in the hospital, and they had premature twins. The twins are patients in the neonatal intensive care unit. The hypocritical speaker of the Texas House, Tom Craddick, sent investigators, sent the Texas Rangers, to the hospital to interview the nurses, blasting into the neonatal unit to find out where in the world are the State legislators. And everyone in America knew where they were because it was on the television. They were in Ardmore, Oklahoma. One of the State representatives from my district, not only a great State representative but a personal friend of mine, Chuck Hopson, his wife was in Austin and determined to go home. She left Austin to go to Jacksonville, Texas, probably about 4 hours. Upon leaving Austin, Tom Craddick put DPS officers on her tail and followed her 4 hours to Jacksonville, Texas, all the way. When she slowed down, they slowed down. When she speed up, they sped up. When she pulled over, they pulled over. This is getting dangerously close to a police State. That is improper. There was no allegation of breaking the law. There were no criminal allegations, no civil allegations; but we are using the power of the State to intimidate free citizens of the State of Texas. And I have got a question. I want to know from Tom Craddick how many men he is following around in those cars. I want to know how many investigators he is putting on the men in Texas. I want to know why he is determined to try to intimidate the wives of our State representatives and using State assets and State funding to do that.

Mr. SANDLIN. I yield to the gentleman.

Mr. SANDLIN

Mr. SANDLIN. Mr. Speaker, first I would like to say thank you to all of my Texas colleagues who joined us tonight. This has been a wonderful debate and examination of the issues. Mr. Speaker, the glorious history of Texas records many brave events like the Battle of Goliad and the Alamo. But the most important of all is the Battle of San Jacinto where General Sam Houston picked his battlefield, surprised his enemy, and prevailed for the people. Today that battlefield is Ardmore, Oklahoma, where over 50 representatives are fighting for the rights of their constituents. They have clearly surprised the enemy and, God willing, those 50 for Texas will prevail for the people of our great State.

Mr. SANDLIN

Mr. SANDLIN. Mr. Speaker, today we pause and say thank God that we have at least some members, men and women of the Texas House, men of honor, that work hard, that play by the rules, that stand for what is right. This week over 50 courageous Democrats told the Governor, the Texas Speaker, and the majority leader of this body, enough is enough. I particularly want to recognize my east Texas representatives, my friends, Barry Telford, Mark Homer, Chuck Hopson, Dan Ellis, and Jim McReynolds. Men of honor. Men of respect. Men of conviction. Texas Speaker Tom Craddick is unhappy because the Democrats broke his quorum. While Craddick has had time to whine and moan and complain and make up childish names for the Democrats, he has not had time to tell you, Mr. Speaker, one important fact: Mr. Craddick made history in 1971 as a leader of the Dirty 30, 30 Texas legislators who disappeared in protest of a heavy-handed speaker. This is hypocrisy at its worst. Now Craddick has the DPS and the Texas Rangers after the Democrats. The Governor is using the AMBER Alert System to try to find the legislators. The majority leader of the House is trying to get the FBI involved. This is absolutely shameless. Thanks to Barry, Mark, Chuck, Dan and Jim. The people of Texas are depending on you.

Mr. SANDLIN

Mr. SANDLIN. Mr. Speaker, I rise today in opposition to H.R. 2, the Jobs and Growth Tax Act of 2003. Despite the assertions of my Republican colleagues, the Jobs and Growth Tax Act will neither create jobs nor grow the economy. Instead, this legislation increases inequity and unfairness in our tax system and society by drastically redistributing income to the very wealthiest taxpayers. If the Republican Party was actually interested in stimulating the economy, this legislation would provide tax relief to lower and middle income taxpayers who are likely to spend additional income. By contrast, the richest taxpayers in our society need no extra incentives to consume, and are likely to save, rather than spend, their generous tax cuts. The Republican tax bill accurately reflects the other party's priorities. While the bill's dividend and capital gains rate reductions will be in effect until 2013, the bill's limited middle class tax relief, including the acceleration of marriage penalty relief and an increase in the child tax credit, expire in three years. The Republicans are effective at paying lip service to the middle class, but completely ineffective in backing up their words with meaningful actions. While I strongly support tax relief, and was one of only 28 Democrats to support President Bush's tax cut package [EGTRRA] in 2001, I do not believe that the tax bill before us today will provide the economic stimulus that our country needs. Unfortunately, the Republican tax bill's dividend income tax rate reduction will not increase either short or long term economic growth, as it will have only modest effects on demand in 2003 and would expand budget deficits over the next decade. According to the Library of Congress's nonpartisan Congressional Research Service [CRS], ``using dividend tax reductions to stimulate the economy is unlikely to be very effective.'' CRS further notes that ``the dividend relief proposal is less likely to be successful in stimulating short-run demand than a spending increase or some other tax cuts because it accrues to higher income individuals who may save a larger fraction of the cut.'' The country's economic, fiscal, and national security situations have changed significantly since Congress passed the first Bush tax package in 2001. According to the nonpartisan Congressional Budget Office [CBO], in fiscal year [FY] 2000, the US had a budget surplus of $236 billion. The CBO currently projects a budget deficit in FY2003 of $248 billion. The White House's Office of Management and Budget [OMB] estimates a higher deficit for the current fiscal year [$304 billion] if Congress enacts the president's tax and spending proposals. The very first bill I cosponsored in Congress would have amended the U.S. Constitution to require a balanced Federal budget. The Federal Government needs to operate under the same principles of fiscal responsibility as the states, most of which are constitutionally required to produce balanced budgets. The increases in our budget deficits and national debt are counterproductive and will only serve to damage long-term economic growth prospects. Further, according to the Bureau of Labor Statistics, the unemployment rate in Texas has risen from 4.3 percent in January 2001 to 6.7 percent in March 2003. 112,000 jobs have been lost across Texas since January 2001, and many working Americans have not been able to find new employment. Texas has the fourth highest unemployment rate in the country, and the Republican tax bill will do more harm than good for my constituents. In Texas, under the President's so-called stimulus plan, the average tax cut for the top 1 percent of taxpayers would be $32,571. The average tax cut for the middle 20 percent of taxpayers, the definition of the middle class, would have been $283. 4.4 million Texans would have received $100 or less under the Bush plan, and of those, 2.9 million people would have realized no benefits at all. Like the Bush plan, the Republican tax bill under consideration today drastically redistributes wealth toward the very richest taxpayers, and increases the tax burden on the middle class and poor. A congressional study on the Bush ``growth'' package estimates that the average East Texas taxpayer would receive $30 from the package's dividend proposal. The Republican bill's dividend tax cut will provide equally ineffective relief. The negative impact of higher budget deficits, and consequently higher long-term interest rates, far outweighs any potential short-term gains from an elimination of taxation on dividend income. I will continue to enthusiastically support reasonable tax relief that does not threaten the fiscal future of our country. I support many of the individual provisions of the Republican tax bill, but believe that Congress and the President have a responsibility to work toward balanced budgets and should avoid passing the costs of large, unproductive tax cuts on to our children and grandchildren.