The Return of Elliott Eastman

by Ryan, Ignatius

  Below that followed another photo of Nick Cobbings and a lobbyist, while the third photo showed Ray Haley Hutchinson eating lunch at a posh restaurant with a lobbyist identified as Burt Donaldson. When the photos hit the New York Times on the morning of November 26th every member of the House on Capitol Hill saw them. Those that were not depicted in the photos breathed a sigh of relief because they knew it could just as easily have been them. The three gentlemen that were shown were in an absolute fit and demanding to find out how this had come to pass.

  Letter writing and phone calls to various representatives spiked at 22,000 an hour. The House Finance Committee reported the bill to the floor unchanged, which was a remarkable event, but both the President and Elliott knew it was meaningless until the House Appropriations Committee reported it to the floor as well.

  Elliott spoke with the President.

  “It’s half the battle won,” Elliott said. “Now all we need to do is get the Appropriations Committee to do the same.”

  “It’s a small step, but a move in the right direction,” the President agreed. “What it really means is your newspaper and YouTube approach scared the heck out of Hutchinson.”

  “And Hutchinson knows if he reports the bill first it makes him look good. The bill could still die in the Appropriations Committee, so it takes the heat off of him,” Elliott theorized.

  “And the Appropriations Committee is where defense firms and military suppliers and all their ancillary suppliers get their bread buttered, so it will be harder to bring it out of that committee. And Sam Whitback, the chair of the Appropriations Committee can be one mean son of a bitch. I’ve seen him in action.”

  “All we can do is wait and see what Appropriations does,” Elliott concluded.

  Four days later the two men had their answer. The 30th day in the Appropriations Committee came and went with no release of H.R. 2239. It had died in committee.

  Elliot was tempted to call the President suggesting there was something they could do, but he knew it was hopeless. They could file the Motion to Discharge, but the bill had to sit in layover for a week before they could vote on it. And with Sine Die Adjournment, the final day of the year for this session of Congress, less than six days away they were simply out of time. They had lost. Over the course of the evening while watching the news, he poured himself several stiff drinks. It didn’t seem right that America went blissfully on heading towards financial Armageddon and the evening news didn’t even mention it. There should have been some sort of comment regarding H.R. 2239 and the fact that it had disappeared without so much as a whimper. He fell into a fitful sleep on the couch with the T.V. droning on into the night.

  He awoke with a start at about four in the morning. He knew there was something that had been bothering him, nagging in the back of his mind and now he knew what it was. ‘Sine Die Adjournment’ is what the President had said. The final day of this term of Congress was but six days away and that could make all the difference. He rushed into his library and searched the shelves. Again he perused the pages of the Congressional Research Service’s Rules and Procedures and found what he was looking for.

  “If after 30 days the committee has not sent the bill in question to the floor the member who sponsored the bill can file a Discharge Petition to release it from committee for full consideration of the House. If 218 members, a true majority of Congress, sign the Discharge Petition then the bill can be considered by the full House after waiting seven days. The bill can only be heard on ‘Special Procedure Days’, the second and fourth Mondays of the month when the Discharge Petition would be considered as ‘Privileged Business’, meaning it would be the first order of business for the day. The 7 day waiting period, or the layover period is waived during the last 6 days before ‘Sine Die Adjournment’ and then can be heard immediately.”

  Elliott almost leaped for joy. With trembling hands he dialed Representative Bruce Bennett’s cell phone number.

  “Hello,” a sleepy voice answered.

  “Bruce, Bruce? Elliott Eastman here.”

  “Good lord Elliott, do you know what time it is?”

  Elliott glanced at his watch and noted it was four fifteen in the morning.

  “Yes, sorry, it’s four in the morning, but this can’t wait. Listen, I’m going to read you something.”

  Elliott read the caption from the Rules of Floor Procedure and then asked, “Do you know what this means?”

  “Not really.”

  “How many days are left in session?”

  “I don’t know what, five or six.”

  “So tomorrow we’re within the six day window of Sine Die Adjournment.”

  Elliott could hear the bed covers rustle as Bennett sat up in bed.

  “So this means …”

  “Tomorrow is the fourth Monday of the month and the day for hearing the Discharge Calendar. Motions to Discharge are Privileged Business and as such are the first business of the day. Here’s what we have to do. This is going to be tough. Once the Speaker, Nick Cobbings, figures out what you’re doing he’ll not recognize you again. Have you got others in the House you can trust?”

  Bruce thought for a moment, not really sure where the conversation was going.

  “Yes, there’s always the Minority Leader Jay Stephens, the Democrat from Oregon, and the Minority Whip Earl Bishop, a Democrat from Wisconsin.”

  “Cobbings is a savvy vet and if he’s under as much pressure from the lobbyists as I think he is, he‘ll be wary of calling on those two. He’ll know they will likely push for an approval of HR 2239. Who else can you count on?”

  “There’s Representative Kathy Morris Rodgers, a moderate Democrat from Washington who has been around a long time and knows the ropes. And Rosa Sparks, a Democrat from Connecticut we can rely on. They have both read the bill in its entirety and enthusiastically endorse it.”

  “Good, very good. Can you contact them and make sure they will support you? If they agree to support you then ask them to contact every Democrat they can and inform them that we need their help on a very important vote tomorrow. Tell them they must be there.”

  “Consider it done,” Bruce, now fully awake, replied swiftly. “I’ll get back to you as soon as I’ve spoken with them.”

  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 announ
ces 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.”