The Return of Elliott Eastman (10 page)

Chapter Twenty-Two

The following morning Elliott was feeling weak and couldn’t keep any food down. He wasn’t sure if it was the medicine, the cancer, or just a case of nerves like a ball player before the big game. He turned on C-SPAN and sat down on the edge of the couch clutching his cell phone in one hand and a glass of ice water in the other. He could see Bruce Bennett moving about the House floor.

From what Elliott could see it looked as though Bruce was the first member of the House of Representatives to arrive in those hallowed halls. He met with the Clerk of the House and dutifully filled out the Motion to Discharge. It just so happened that Mary Evans, the Clerk of the House, was a close friend of Bruce Bennett’s and decided to go the extra mile for him. She made copies of the Discharge Petition and as members of the House filed in she had congressional pages, young governmental interns, approach them with the document. Many were signed and she dutifully entered them into the Congressional Journal. Once over half of the House members had filed in, the Speaker Nick Cobbings cried, “Call to Order!” He banged the mace down firmly on the podium several times and then carefully placed it in the upper position meaning the House was in session. He then stood and said, “We will now bow our heads in prayer.”

Reverend David James Ford and the 200 some odd Representatives began the day as they always did, with a prayer. Once the prayer was completed the Speaker moved to the next order of business, which was the approval of the journal. The United States constitution requires the House keep a journal of the previous day’s business and the Speaker is required to state for the record that it has been approved or disapproved.

Nick Cobbings stood and stated, “The Chair has examined the journal of the last day’s proceedings and announces to the House his approval thereof. Without objection, the approval is acknowledged.”

Although any of the members of the House could object and give cause for a reading of the journal, they seldom did so and this was the case today.

The next piece of business was the Pledge of Allegiance. Bruce Bennett watched as Representative Jay Stephens, Democrat from Delaware, stood and placed his hand over his heart and solemnly stated the Pledge. With the Pledge completed and the members seated, the Speaker said, “There is no unfinished business so we will now move to one minute speeches.”

Rosa Sparks, a Democrat from Connecticut, stood to be recognized.

“The Speaker recognizes the gentlewoman from Connecticut,” Nick Cobbings said.

“Was there not unfinished business regarding the naming of the Federal Court building in St. Louis?” Rosa asked.

“That has been handed over to the Oversight Committee,” Cobbings responded.

“Thank you Mr. Speaker.”

As soon as Rosa Sparks was through speaking Elliott said softly into his cell phone, “Stand now to be recognized and ask for a vote on the Motion to Discharge.”

“We don’t have enough votes yet,” Bruce insisted. “The Petition has only been moving around the floor for fifteen minutes.”

“I know, I know. Trust me.”

Pressing the tiny earpiece so that it would not fall out of his ear, Bruce did as he was instructed. With a fleeting frown Nick Cobbings, the Speaker of the House, said, “The gentleman from Colorado is hereby recognized.”

“Thank you Mr. Chairman,” Bruce replied. “I would like to request the Motion to Discharge regarding H.R. 2239 be called up for vote.”

Cobbings’ frown deepened further and Representative Sam Whitback instantly stood to be recognized.

“The Chair recognizes our esteemed colleague, Representative Whitback from Kansas.”

“Thank you Mr. Chairman. I object to the call for the Motion to Discharge being called up for a vote. The requisite number of members, a true majority, has not signed the Petition.”

Pages could be seen moving amongst the members’ desks bearing documents.

“Stall,” Elliott whispered into Bruce’s earpiece.

“Mr. Chairman, if you would be so kind I’d like to respond to my esteemed colleague from Kansas.”

Cobbings hesitated for a moment but did not wish to appear adversarial towards the young Democrat, at least not until he knew where this was going, so he reluctantly said, “You may proceed.”

“Representative Whitback, I believe this to be one of the most important pieces of legislation to come before this august body in many a generation. The provisions contained in H.R.2239 are going to change the nature of this country. It will redirect the resources of America in a way that will benefit every man, woman, and child in this great nation of ours. It will spark economic growth. It will reduce needless spending. It will create a vast new revenue stream and only burden the elite of this country in a minor way, and 75% of the populace will not bear the brunt of the tax burden as they have for so many decades past.”

Mr. Whitback stood again. A sharp intake of breath by those assembled greeted Mr. Whitback’s action because he was interrupting a member in good standing while the gentleman was still speaking and the chair had not yet recognized Whitback. “Isn’t there a five minute rule in place at the moment, Mr. Speaker, or are we to be lured into debate of the bill before the Motion to Discharge has even been put to a vote?”

Cobbings’ face reddened. “Representative Whitback, you will refrain from speaking out of turn and in the future wait until the chair has recognized you; however your point is well taken. Representative Bennett, the rules of the House do not permit debate of a bill that has not been sent to the floor by committee and we have no vote on the Motion to Discharge.”

Bruce Bennett heard a shuffling of feet as more members of the House, sensing something momentous was afoot, began appearing in the chamber.

The young Representative from Colorado responded to the reprimand by the Speaker. “Mr. Speaker and my assembled colleagues, I beg the House’s forgiveness if I appeared to be doing anything that is proscribed by the House Rules.”

Whitback stood again. Cobbings recognized him and Whitback spoke in a stern manner. “Isn’t the Five Minute Rule in effect? Have we not been listening to our colleague from Colorado far longer than five minutes?”

Bruce sat down and then stood right back up again.

“Good, keep up the pressure,” Elliott said into his phone.

Rosa Sparks stood again.

At that point Cobbings would have done anything to get Bennett off the floor and Rosa’s previous question had been regarding the naming of a little known Federal building, so she seemed safe to call upon.

“The Chair recognizes Representative Rosa Sparks, Democrat from Connecticut.”

“Thank you Mr. Chairman, I rise in support of H.R. 2239 as it may provide additional funding for Health and Human Services, which as you know …”

With a look of exasperation Cobbings interrupted her and said in a scathing tone. “Representative Sparks, I have just said we are not debating the relative merits of this bill at this time. It has not been released from committee.”

“Oh, I’m sorry. I yield the balance of my time back to Representative Bennett.”

Cobbings rolled his eyes.

The brief respite had given Bruce a chance to see how the forms were moving through the assemblage. He was pleased with the progress.

Elliott smiled as he saw the look of dismay on Cobbings’ face as Representative Bruce Bennett stood to be recognized again.

At the same time Representative Kathy Morris Rodgers stood to be heard.

Elliott whispered in Bruce’s earpiece. “Nice work, we’re almost there, but I don’t think Cobbings will be recognizing you again.”

“What do we do?” Bruce asked with a hint of alarm in his voice.

“Sit tight and let them stumble into it.”

With an almost audible sigh Cobbings said, “The Chair recognizes the Honorable Representative Kathy Morris Rodgers, Democrat from Washington.”

“Thank you, Mr. Chairman. I move to recess for fifteen minutes.”

“Motion to Recess is seconded?”

“I second the motion,” Whitback instantly agreed.

“Sustained. Ladies and Gentlemen, please return to these chambers in fifteen minutes at exactly 10:35 a.m.”

With a sharp blow of the gavel, Cobbings stood and exited the room in unseemly haste.

“That’s perfect. It’s playing right into our hands by giving us more time to gather signatures,” Elliott said. “You should go thank Rosa. She did a nice job of running interference for you. She’s as sharp as a tack and I suspect she knows exactly what’s going on.”

“That makes one of us, but I’ll go thank her.”

As Bruce made his way towards where Rosa was seated, Mary Evans the clerk passed close by him and discreetly whispered, “We have well over 218 yeas.”

Bruce exhibited no outward sign he’d heard a thing, but was deeply overjoyed at the news.

Chapter Twenty-Three

In Speaker Cobbings’ office he, Whitback, Ray Haley Hutchinson and Majority Whip John Bainer were fuming. “I was just informed the Motion to Discharge is making the rounds of the floor. We must have over three hundred members here. That’s a quorum. Someone is counseling the Democrats. Someone who knows what they’re doing and is very, very good,” spat Whitback.

“The question is what can we do?” Hutchinson asked.

Bainer was leafing through the Congressional Rules of Procedure. “Aha, here it is. The answer to our prayers and I quote. ‘Until the vote on the Discharge Petition has been concluded and approved, and the underlying bill has not been debated or voted upon, the Committee can still report the bill to the House floor rendering the Motion to Discharge moot.’”

“I don’t want it sent to the House floor. I want it dead,” Cobbings snarled. “The big banks and military suppliers will have my ass.”

“We don’t have a choice,” Bainer replied, “If the petition gathers enough signatures then the committee is out of the picture and the legislation is out of our hands. It doesn’t even allow for the amendment process.”

They could hear the clerk ringing the bell calling the members back to session. As they walked back into the vast congressional hall, Speaker Cobbings leaned over to Whitback and whispered, “Has the Committee even drafted a response to H.R. 2239?”

Whitback paled noticeably and said, “No, we just tabled it. We haven’t even looked at it.”

“Have you seen the Appropriations Committee manager John Cole?”

“I think I saw him earlier.”

“Find him and get that bill in the hands of clerk ASAP. I’ll try to stall.”

Once the fifteen minutes expired and the assembly returned from recess Representative Bruce Bennett stood to be recognized again, but in this instance Chairman Cobbings pointedly looked away refusing such recognition. Representative Kathy Morris Rodgers, Democrat from Washington stood and the Chair immediately recognized her.

“Representative Rodgers is hereby recognized,” Cobbings said.

“Thank you Mr. Chairman. Pursuant to Section 3 of House Rule XXVII I call up the Petition to Discharge the Committee on Appropriations from further consideration of the bill H.R. 2239.”

Kathy Rodgers was a seasoned veteran and knew her stuff. After Bruce recommended her she had been heavily counseled as to procedure by the President and heavily supported by Elliott to stand at this occasion.

“Has the Gentlewoman signed the petition?”

“I have Mr. Speaker.”

Representative Sam Whitback almost jumped out of his chair.

“The chair recognizes Representative Whitback.”

“Thank you, Mr. Chairman. I would like to raise a Point of Order.”

Elliott spoke softly to Bruce through his ear piece again. “A Point of Order? He’s making a claim that the proceedings are in breach of the Standing Rules of the House.”

“Please proceed,” Cobbings said.

“The Standing Rules of the House mandate that a Motion to Discharge may not be called to the floor until it has been in layover for seven days. The motion to call up the petition is in violation.”

Cobbings sat for a moment and then said, “The Speaker respectfully supports the Point of Order that the Motion to Discharge has not been in layover for the requisite seven days and therefore cannot be called up at this time.”

Kathy Rodgers stood again.

“The gentlewoman from Washington is recognized.”

“Thank you Mr. Speaker; if I may be permitted I would like to read a short statement from the ‘Congressional Research Service brief regarding Calendar of Motions to Discharge from Committee in the United States House of Representatives.’”

“You may proceed,” Cobbings wearily replied, as he watched Whitback leave his seat and physically remove John Cole from the room.

“The Motion to Discharge is placed on the Calendar of Motions to Discharge Committee and becomes eligible for consideration on the second and fourth Mondays of the month after a seven day layover, except during the last six days of any session when the layover requirement is waived. The discharge motion is debatable for twenty minutes, one half the time for the proponents and one half for the opponents. If the discharge motion is adopted it is then in order for the House to immediately consider the bill itself.”

Cobbings paled. He had no choice but to allow the vote to proceed.

“Voting is now open on the Motion to Discharge the Appropriations Committee for consideration of HR. 2239,” he said.

Whitback looked back in horror from where he was near the door with John Cole.

Ten minutes later the voting was complete.

The Tally clerk stood and said, “Voting is closed on the Motion to Discharge the House Appropriations Committee from consideration of HR 2239.”

Bruce was about to stand and cheer when Elliott’s voice cautioned him. “Wait.”

John Bainer, the Majority Leader of the House, an old Republican warhorse from Tennessee, and a staunch conservative stood and the Speaker of the House instantly recognized him, “I move to lay the motion on the Table.”

Elliott spoke into Bruce’s ear piece. “Damn, that Bainer is a crafty old bastard, Bruce stand to be recognized and say you object to this motion. If no one objects to the Lay on the Table motion the measure will be disposed of adversely and that’s the end of our efforts. And conclude by saying you want a simple voice vote of the yeas and nays.”

Bruce Bennett stood to be recognized. Reluctantly the Speaker recognized him.

“I object to the motion to table the proposition,” Bruce stated firmly. “And request a voice vote regarding said motion.”

“Sustained,” the Speaker acknowledged. “I will require a voice vote. A yea vote means you are voting in favor of tabling the motion and a nay vote means the proceedings will revert to where they were before the Motion to Table was made.”

The voice vote was administered by the Clerk of the House and took another twenty minutes. The Nays carried, but Bainer stood to be recognized again.

“The Speaker recognizes the gentleman from Tennessee.”

“The Motion to Table did not pass which means we are now voting on the H.R. 2239. I object to the vote on the H.R.2239 on the grounds that a quorum is not present and make a point of order that a quorum is not present.”

Elliott smiled and spoke to Bruce. “It’s a smart move. If any member of the House suggests there’s not a quorum, not enough members present to provide a majority vote on the bill, it forces the Presiding Officer to have bells rung through the Halls of Congress calling members back to the floor and it forces a recorded vote by the Speaker of the House. It’s a delaying tactic.”

Elliott put down his phone and called Archie ‘Backspace’ Conner on his landline keeping the cell phone open to Bennett.

When Archie answered Elliott asked, “Do you still think you can do it?”

“Give me three minutes.”

“They are yours, good luck.”

Minority Whip Earl Bishop, a hard-nosed Democrat from Wisconsin was noted for his impatience and willingness to stay until midnight if need be to see that the House business was completed stood to be recognized.

“The Speaker recognizes the good gentleman from Wisconsin.”

“Thank you Mr. Speaker. I object to a quorum call at this time as it is obviously dilatory in nature and an abuse of this assembly’s time. The Clerk of the House has already stated the voting is closed on the Discharge Petition meaning a majority of the 435 House members are present and have signed the Discharge Petition. No one has left so a majority is still present.”

Speaker Cobbings stared for a moment at the gray haired gentleman with the bushy white eyebrows and the defiant stance. ‘Where the hell was Whitback with John Cole?’ he thought. ‘They needed to get the paperwork from the committee together before sending H.R. 2239 to the floor where it could then be amended.’

“I’m going to instruct the Clerk to conduct a recorded vote,” Cobbings said. “I’ll allow fifteen minutes for the aforementioned vote.”

During the fifteen minutes Republican Majority leader of the House John Bainer tried to play the jobs card in hopes of convincing any of those members who might be on the fence to vote against the bill, saying the closing of so many bases would flood the nation with unemployed. Bruce Bennett downplayed the issue suggesting, “Millions of soldiers came home after World War II and we assimilated them. And if anyone is watching the remarkable events in Texas where over thirteen thousand convicts quietly turned themselves in with hopes of getting an education and a second chance at life, we could certainly employ many soldiers as teachers and mentors for many of these prisoners. A whole new industry may be starting right before our eyes and frankly reflects the type of people we are, the type of nation we should be.”

Once the recorded vote was complete the Speaker declared, “The quorum call is complete. There is a majority present. The Discharge Petition is approved and has been signed by a majority. H.R. 2239 is now on the floor for consideration.”

Whitback, with John Cole in hot pursuit, rushed at the clerk waving a stack of papers just as a voice boomed over the House of Representatives video system saying, “Aaand here’s Nicky.”

Archie had hacked the system just as he promised he could. On the enormous jumbo screen above the floor of the House appeared the now infamous YouTube video of Representative Jenkins saying, “Cutting funding for our friends overseas? We’ll just add an amendment to cut Medicare Funding. We’ll see if the Democrats are willing to throw grandma out of her rocking chair or cut Foreign Aid.”

But in this version Archie had cut and pasted Nick Cobbings’ face in place of Jenkins’ and changed the wording a bit. The entire room went as still as an Egyptian tomb until Cobbings stood and screamed while extending an arm and pointing a finger at the offending screen, “THAT’S NOT ME. I NEVER SAID THAT.”

He turned to whoever might listen, “I swear it’s true. I never said that.”

The video started to play again.

“Turn it off,” he shouted. “Turn that damn thing off.”

Pages rushed to try to stop the video. It played three more times before they finally pulled the plug on the entire system. Many members of the House were visibly shaken by this strange turn of events.

Whitback and Cole hurriedly resumed talking to Mary Evans, the Clerk of the House of Representatives.

“I am the Chair of the House Appropriations Committee and we are sending a recommendation to the floor regarding H.R. 2239 with a negative declaration.”

“I’m sorry gentlemen, but as you can see the Discharge Petition has already won approval and they are now voting on H.R.2239. The vote cannot be stopped now, as you well know.”

It was considered one of the fastest votes in modern history and there wasn’t the slightest mention of touching Medicare as the bill passed 401-22 with 12 abstaining, one of the largest margins in history.

Cobbings looked like he was going to tear his hair out as he rushed from the room. Elliott could see John Bainer visibly fuming as he marched over to where Bruce Bennett stood, smiling and shaking hands with his fellow members.

Bainer leaned in and whispered. “That was a fancy piece of work, but you have made yourself some very powerful enemies with long memories. We’re gonna kill this thing in the Senate and you’re going to be a one term Representative.”

The young freshman representative glanced at his heavy-set squint-eyed associate. “Do your damnedest, Bainer. Bring it on,” he snarled right back.

Elliott watched the vote on C-SPAN and immediately called Eddie Kelley and said, “Start phase three.”

His next call was to Archie ‘Backspace’ Conner. “Beautiful work. It passed the House.”

“I know. I saw it.”

“Be ready. We’re starting phase three.”

Hanging up the phone Elliott felt the pain in his side growing and a wave of exhaustion wash over him. Slowly he stood up, swayed for a moment and then shuffled back to the bedroom where he collapsed on the bed.