Dick Cheney in Congress

 Former Vice President Dick Cheney died last night.  In 2004, Bill Connelly and I reflected on our experiences with him as Congressional Fellows in his House Republican leadership office.

Some of the literature tries to reduce legislative leadership to institutional context. That is, leaders are purportedly just the creatures of procedures, colleagues, and parties in the electorate. Watching Cheney reminded us that there is more to leadership than followership. When Cheney spoke, people listened. What the press now calls his “gravitas” caused other House Republicans to heed him. He was both a creature and creator of his context. 

The Civil War historian Douglas Southall Freeman once explained a source of gravitas: “First, know your stuff. Know your stuff, just that. Know -- know your own branch, know the related arms of the service; you can't know too much if you are going to be a successful leader. And know the yesterdays” (Freeman 1979, 4). Colleagues deferred to Cheney because he knew his stuff. His executive experience gave him a profound understanding of “the related arms of the service.” He knew policy. And from his academic background and research on the speakership, he knew “the yesterdays.” Cheney’s example offers evidence that knowledge is power on Capitol Hill. 

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Cheney was no “pander bear.” At different times, we both traveled with him to Wyoming, and heard him tell constituents what they did not want to hear. Pitney watched him explain to people in the small town of Rawlins that he opposed federal subsidies for rail service to southern Wyoming. Connelly saw him take on a bunch of angry ranchers who were losing grazing land to DOD needs. In a conversation with Connelly, Cheney manifested his familiarity with political science, explaining why he was not acting as a single-minded seeker of re-election. He said he did not want the job if it entailed pandering. 

He also noted that Wyomingites respect independence, something both of us witnessed. They respected him even when -- and perhaps because -- he did not pander to them. Clearly Congressman Cheney was a “trustee,” not merely an “agent” for constituent interests. He was more than willing to engage in blunt talk with constituents and colleagues alike. Economic theories of legislative behavior fail to capture such leadership. As James Q. Wilson noted, “whereas economics is based on the assumption that preferences are given, politics must take into account the efforts made to change preferences” (Wilson 1980, 363).

Liz Cheney on Oaths

Many posts have discussed oaths of office.

Liz Cheney, Oath and Honor: A Memoir and a Warning (New York: Little, Brown, 2023), 49.

  In Article VI of our Constitution, the founders required that every member of Congress, all state legislators, and “all executive and judicial officers” of the federal and state governments take an oath to support and defend the United States Constitution. For elected representatives, the oath must supersede any duty to represent their constituents. They must represent constituents’ interests solely in a manner that complies with their representatives’ paramount duty to the Constitution.

The president’s oath is arguably the most consequential. The president has tremendous power to enforce his will—not only as our commander in chief, but as the constitutional officer who can command the actions of critical executive branch agencies. The founders had utmost confidence inthe wisdom and grace of George Washington. But they were not convinced that every future president would be so honorable. This is why Article II of our Constitution details precisely what the president must pledge: to“faithfully execute the Office of President of the United States” and to“preserve, protect and defend the Constitution of the United States.”Under our Constitution, the president is selected by a separately organized group of Americans, called Electors, chosen nowadays through popular election in each state. The founders were concerned that a faction in Congress might conspire to control the selection of a president. They granted Congress what is, in most circumstances, only a ministerial role: counting the electoral votes that have been certified and transmitted to Washington by the individual states. As Alexander Hamilton explained in Federalist 68, “No senator, representative, or other person holding a place of trust or profit under the United States” can serve as a member of the Electoral College.

She had written a speech against the effort to stop the count.  Because of the insurrection, she never gave it on the floor, but presents it in the book (86-87):

Our oaths are not given to any specific president. They are given to preserve the Constitutional structure that has governed our republic for over 230 years. The oath does not bend or yield to popular sentiment, mob rule, or political threats. We do not compromise our oath. It compels us to adhere to the Constitution and rule of law… always.

 

Terminating the Constitution

 

Donald Trump believes we should terminate “all rules, regulations and articles, even those found in the Constitution” to overturn the 2020 election. That was his view on 1/6 and remains his view today. No honest person can now deny that Trump is an enemy of the Constitution.

— Liz Cheney (@Liz_Cheney) December 4, 2022

The J6 Committee and Congressional Hearings

How are the January 6 hearings different from any other?

Michael S. Schmidt, Luke Broadwater and Maggie Haberman at NYT:

The typical congressional hearing features a pileup of long-winded statements — what some might consider bloviating. There are harsh partisan exchanges that can obscure the substance at hand. Visual presentations tend to involve an easel. The television audience is largely on C-SPAN.

But the congressional hearing has been utterly, if perhaps temporarily, redefined over the past month by the House select committee investigating President Donald J. Trump’s efforts to hold on to power.

The five sessions the panel has produced so far this month resemble a tightly scripted television series. Each episode has a defined story with a beginning, middle and end. Heroes and villains are clearly identified. Only a few of the committee members speak at any given hearing, and those who do often read from teleprompters.

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The committee has been aided by James Goldston, a former head of ABC News, who leads a small team that is sifting through the hours of depositions and vivid, sometimes disturbing footage of the Jan. 6, 2021, attack on the Capitol to put together the presentations.

But the panel’s ability to draw on all that material traces back to a decision its members and investigators made months ago to videotape depositions with witnesses, a move largely unheard-of on Capitol Hill.

Armed with thousands of hours of recorded depositions, the investigators and producers working for the committee have identified just the snippets they need for their storytelling. It is a tactic that keeps the narrative flowing but also has another big benefit: Having the option of using edited video means the committee does not have to call for live testimony from witnesses who could seize the opportunity to help Mr. Trump.

The committee has only been able to pull off its approach because the House Republican leader, Representative Kevin McCarthy of California, decided last year not to appoint members to the panel after Speaker Nancy Pelosi blocked two of his choices. The result is that the only Republicans on the committee, Representatives Liz Cheney of Wyoming, the vice chairwoman, and Adam Kinzinger of Illinois, are in sync with the Democrats in judging Mr. Trump to be a danger to democracy.

Profiles in Courage

From the JFK Library:

For the first time ever, the John F. Kennedy Profile in Courage Award will honor five individuals — President Volodymyr Zelenskyy, U.S. Representative Liz Cheney, Michigan Secretary of State Jocelyn Benson, Arizona Representative Russell “Rusty” Bowers, and Wandrea “Shaye” Moss — each for their courage to protect and defend democracy in the United States and abroad.

There is no issue today more important than the fight for democracy. These honorees have placed their careers and lives on the line to protect democratic principles and free and fair elections. They embody what President Kennedy admired most in others—political courage.

In February 2022, as Russia mounted a massive, unprovoked military assault on Ukraine, President Volodymyr Zelenskyy marshaled the spirit, patriotism, and untiring sacrifice of the Ukrainian people in a life-or-death fight for their country - a struggle that endures to this day. From the first moment of the invasion, Zelenskyy and his family became targets for assassination by Russian forces. In the face of this constant danger, Zelenskyy has led a courageous defense of democratic ideals and political independence. With candor and clarity, he has focused the eyes of the world on the existential threat facing Ukraine, and on the need for robust, uncompromising international engagement and cooperation to safeguard all democratic societies. His principled leadership has strengthened the resolve of Ukrainians and people around the globe to protect and defend the fragile human right of self-determination.

Prior to the election in 2020, Representative Liz Cheney was elected by her colleagues to be chair of the House Republican Conference, making her the third-ranking Republican in the U.S. House of Representatives, and the highest-ranking Republican woman in the history of the House. She has been one of the most conservative members within the Republican Conference. After the election, however, when President Trump falsely claimed that the election was stolen, she repeatedly called on the President to respect the rulings of the courts and his oath of office, and to publicly support the peaceful transfer of power. When the President instead rejected the lawful, certified outcome of the election, she broke with most in her party, urged fidelity to the Constitution, and stood her ground with honor and conviction. She stood against the lawlessness and violence of January 6th, and voted to impeach President Trump, concluding: "The President of the United States summoned this mob, assembled the mob, and lit the flame of this attack. Everything that followed was his doing.” Cheney received numerous death threats after casting her vote in favor of impeachment, and yet refused to take the politically expedient course that most of her party embraced. Because she would not remain silent or ignore the events of January 6th, Cheney's congressional colleagues stripped her of her leadership position in the GOP caucus. She now serves as the Vice Chair of the Select Committee investigating the January 6 insurrection, and remains a consistent and courageous voice in defense of democracy.

In December 2020, shortly after the presidential election, Michigan Secretary of State Jocelyn Benson was at home putting up Christmas decorations with her young son when armed protestors massed in front of her house demanding that Michigan's presidential election result be reversed. Protesters called Benson a "traitor” and a “criminal” for defending the certification of Michigan's accurate results, which favored Joe Biden. Benson, the state's chief elections officer, did not waver, and defended the will of Michigan voters and assured them that she would protect and defend the integrity of Michigan's vote in accordance with state law. Throughout the 2020 election cycle, Benson repeatedly refused to back down from fulfilling the duties of her office, even as threats and harassment from then-President Trump and his allies grew increasingly aggressive. Benson continues to speak out about the risks to free and fair elections in Michigan and nationwide, as Trump supporters continue to perpetuate false claims and work to seize control of state and local election processes from duly elected or appointed public servants.

Following the 2020 presidential election, Rusty Bowers, a pro-Trump Republican, resisted intense pressure from Trump and Rudy Giuliani and refused to go along with an illegal scheme to replace Arizona’s legal slate of electors with a false slate of electors who would elect Trump. “As a conservative Republican, I don’t like the results of the presidential election,” Bowers said. “I voted for President Trump and worked hard to reelect him. But I cannot and will not entertain a suggestion that we violate current law to change the outcome of a certified election.” For his decision of conscience, Bowers endured persistent harassment and intimidation tactics from Trump supporters, and later survived an attempt to recall him from the legislature. In January 2022, Bowers again acted to protect the integrity of Arizona elections by stopping a Republican-sponsored bill that would have allowed the legislature to overturn the results of an election. He remains a target for pro-Trump partisans.

In December 2020, Wandrea “Shaye” Moss, a full-time employee in the Fulton County Department of Registration & Elections since 2017, became the target of a vicious smear campaign by then-President Trump and his allies who were seeking to overturn the 2020 election. As a registration officer, Moss mostly handles voter applications and absentee ballot requests. She also helps to process the vote count on Election Day, in addition to other duties. In the wake of a close vote that tipped the state of Georgia to Joe Biden, Trump and his supporters falsely accused Moss of processing fake ballots for Biden during the late-night hours of Election Day. After being identified and targeted by Trump and his followers, Moss received so many death threats and racist taunts that she was forced to change her appearance and go into hiding. She carried out her duties remotely as much as possible. Although state officials repeatedly debunked the Trump camp's lies about Moss, she continued to receive threats and harassing messages from Trump loyalists nearly a year after the election. Despite the onslaught of random, undeserved, and malicious attacks, Moss continues to serve in the Fulton County Department of Registration & Elections doing the hard and unseen work to run our democracy.

Cheney Statement

Liz Cheney at the 1/6 Hearing:

Thank you very much, Chairman Thompson. Thank you to all of my colleagues on this committee, and thank you to each of the witnesses appearing before us today. It is because of you — you held the line, you defended all of us, you defended the Capitol, and you defended the Constitution and our Republic, and every American owes you our undying gratitude. Every American, I hope, will be able to hear your testimony today and will watch the videos. The videos show the unbelievable violence and the inexcusable and intolerable cruelty that you all faced, and people need to know the truth.

I want to begin by reflecting briefly on the investigation that we are launching today. Every one of us here on the dais voted for and would have preferred that these matters be investigated by an independent non-partisan commission, composed of five prominent Americans selected by each party, and modeled on the 9/11 Commission. Although such a commission was opposed by my own leadership in the House, it overwhelmingly passed with the support of 35 Republican members, it was defeated by Republicans in the Senate. And that leaves us where we are today.

We cannot leave the violence of January 6th – and its causes – uninvestigated. The American people deserve the full and open testimony of every person with knowledge of the planning and preparation for January 6th. We must know what happened here at the Capitol. We must also know what happened every minute of that day in the White House – every phone call, every conversation, every meeting leading up to, during, and after the attack. Honorable men and women have an obligation to step forward. If those responsible are not held accountable, and if Congress does not act responsibly, this will remain a cancer on our Constitutional Republic, undermining the peaceful transfer of power at the heart of our democratic system. We will face the threat of more violence in the months to come, and another January 6th every four years.

I have been a conservative Republican since 1984 when I first voted for Ronald Reagan. I have disagreed sharply on policy and politics with almost every Democratic member of this committee. But, in the end, we are one nation under God. The Framers of our Constitution recognized the danger of the vicious factionalism of partisan politics – and they knew that our daily arguments could become so fierce that we might lose track of our most important obligation – to defend the rule of law and the freedom of all Americans. That is why our Framers compelled each of us to swear a solemn oath to preserve and protect the Constitution. When a threat to our constitutional order arises, as it has here, we are obligated to rise above politics. This investigation must be non-partisan.

While we begin today by taking the public testimony of these four heroic men, we must also realize that the task of this committee will require persistence. We must issue and enforce subpoenas promptly. We must get to objective truth. We must overcome the many efforts we are already seeing to cover up and obscure the facts.

On January 6th and in the days thereafter, almost all members of my party recognized the events of that day for what they actually were. One Republican, for example, said: “What is happening at the U.S. Capitol right now is unacceptable and un-American. Those participating in lawlessness and violence must be arrested and prosecuted to the fullest extent of the law.” No Member of Congress should now attempt to defend the indefensible, obstruct this investigation, or whitewash what happened that day. We must act with honor and duty, and in the interest of our nation.

America is great because we preserve our democratic institutions at all costs. Until January 6th, we were proof positive for the world that a nation conceived in liberty could long endure. But now, January 6th threatens our most sacred legacy. The question for every one of us who serves in Congress, for every elected official across this great nation, indeed, for every American is this: Will we adhere to the rule of law? Will we respect the rulings of our courts? Will we preserve the peaceful transition of power? Or will we be so blinded by partisanship that we throw away the miracle of America? Do we hate our political adversaries more than we love our country and revere our Constitution? I pray that that is not the case. I pray that we all remember, our children are watching, as we carry out this solemn and sacred duty entrusted to us. Our children will know who stood for truth, and they will inherit the nation we hand to them – a Republic, if we can keep it.

Liz Cheney's Oath

Many posts have discussed oaths of office. Last month, Dick Cheney signed a statement by former secretaries of defense: "Each of us swore an oath to support and defend the Constitution against all enemies, foreign and domestic. We did not swear it to an individual or a party."

We have sworn an oath under God to defend the Constitution. We uphold that oath at all times, not only when it is politically convenient.

Congress has no authority to overturn elections by objecting to electors. Doing so steals power from the states & violates the Constitution.

— Liz Cheney (@Liz_Cheney) January 6, 2021

A) GOP WY Rep Cheney after state party censured her: My vote to impeach was compelled by the oath I swore to the Constitution. Wyoming citizens know that this oath does not bend or yield to politics or partisanship.

— Chad Pergram (@ChadPergram) February 6, 2021