During a Senate debate on the confirmation of Sen. Jeff Sessions as Attorney General, Republicans banned Sen. Elizabeth Warren from speaking.
“She was warned. She was given an explanation. Nevertheless, she persisted.” These were the words Sen. Mitch McConnell used to describe Sen. Warren during Tuesday night’s debate on the confirmation of Sen. Jeff Sessions as Attorney General.
As Warren made her points on why Sessions should not be confirmed, she began to quote a letter that Coretta Scott King, civil rights activist and widow of Dr. Martin Luther King, Jr, had written about Sessions when he was being considered for appointment as a federal judge. In the letter, King describes Sessions’ behavior during his career as a prosecutor in Alabama. “Mr. Sessions has used the awesome power of his office to chill the free exercise of the vote by black citizens,” wrote King.
McConnell objected to Warren’s reading of the letter, indicating that she was in violation of Rule XIX of the Senate rules which states that “No Senator in debate shall, directly or indirectly, by any form of words impute to another Senator or to other Senators any conduct or motive unworthy or unbecoming a Senator.” Sen. Steve Daines, a Republican from Montana, sided with McConnell and instructed Warren to return to her seat. Warren appealed with the support of her fellow Democrats, but the vote to silence Warren was affirmed by a 43-50 vote.
Let’s back up a minute and take a closer look at Rule XIX. First of all, Warren was not speaking out against Sessions in his role or his conduct as a Senator. She was referring to him in his role as the nominee for the position of Attorney General. As Sen. Chris Murphy of Connecticut pointed out on Twitter, the rules cannot apply when you are debating the nomination of a Senator. Sessions’ current position as a Senator from Alabama should not shield him from negative remarks during the debate on his confirmation.
Secondly, perhaps Republicans should explain their own violations of this particular rule. As other Democrats pointed out, the Republican Senate members have broken Rule XIX on numerous occasions. When Sen. David Perdue of Georgia called Sen. Chuck Schumer’s teary, impassioned speech on the immigration ban a “performance belongs at the Screen Actors Guild awards, not in a serious discussion of what it takes to keep America safe,” Rule XIX didn’t seem to be an issue. In 2015, Sen. Ted Cruz called out McConnell for what he labeled a “flat out lie.” And in 2016, Sen. Tom Cotton referred to the “sad, sorry legacy” of Sen. Harry Reid.
The Republicans’ tactics may very well backfire on them. Since the inauguration of Trump on January 20th, we’ve seen marches and protests, rogue Twitter accounts from government agencies, and leaks from frustrated White House staffers. Something like silencing a Senator, especially one with this level of support and popularity, is not going to go over well. The morning after the Republicans silenced Warren, #LetLizSpeak was trending on Twitter.
After Warren was banned from speaking, Sen. Jeff Merkley of Oregon used his time on the floor to continue reading King’s letter. Merkley’s speech was not interrupted.
Warren was just one of many Democrats in the Senate who are attempting to hold up the confirmation of Jeff Sessions, similar to their efforts on Monday night before the confirmation of Betsy DeVos as secretary of the Department of Education. The vote to confirm Sessions is scheduled to take place on Wednesday.
Update: Clinton Chimes In
Hillary has also chimed in on the Elizabeth Warren silencing. Hillary shared a tweet with the quote “She was warned. She was given an explanation. Nevertheless, she persisted.” And added “So must we all.”
Update Again: Other Senators Read King’s Letter
In a show of support and solidarity, other Democrats in the Senate have taken their time on the floor to read Coretta Scott King’s letter. None of them — all men, so far — have been told to sit down.
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Here’s that quote from McConnell again, just in case anyone wants to get it embroidered onto a pillow or tattooed on their forearm. “She was warned. She was given an explanation. Nevertheless, she persisted.” Keep persisting!