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The Speaker of the United States House of Representatives rarely presides over proceedings in the House chambers, but instead delegates this prerogative to a Member of the same political party. In the early morning of November 22, 2003, House Speaker Dennis Hastert delegated his presiding officer role to a loyal attendant, my congressman, Doc Hastings.
At exactly 3 a.m., Saturday, November 22, 2003, Richard "Doc" Hastings (R-WA), presiding over the House of Representatives, announced that time for debate on President Bush's Medicare Prescription Drug, Improvement and Modernization Act had expired. "Members will have 15 minutes to record their votes," Hastings declared. Nevertheless, Hastings’’ forecast missed the mark as Hastings reneged on his deadline and delayed the vote’s ending so that Republican leadership could manipulate votes.
At the end of fifteen minutes, the vote was 210 in favor and 224 opposed to the Medicare drug bill. 17 Republicans voted to defeat the measure. Hastings, at the prompting of Republican leaders, refused to end the vote, however.
The 2003 Medicare Prescription Drug Act would add prescription drug coverage, under the Medicare program, but preclude Medicare from negotiating drug prices with pharmaceutical companies. The Act would be an economic boon to drug manufacturers. During Congress’’ review of the drug bill, the pharmaceutical industry and HMOs deployed an army of nearly 1000 lobbyists, with 483 being former employees of Congress or the executive branch. The drug companies spent $141 million in their lobbying efforts to convince Congress to adopt the measure. In turn, dissenting Democrats wished to empower Medicare to negotiate drug prices with the drug companies, whose lobbyists drafted the bill.
At 3:15 a.m., November 22, and after the first tally for the House of Representatives, House Speaker Dennis Hastert (R-IL), Majority Leader Tom DeLay (R-TX) and Majority Whip Roy Blunt (R-MO) swung into action, stressing to Republicans the political importance of the prescription drug bill to the party and the president. House leaders also freed drug firm lobbyists to roam Capitol halls encouraging dissidents to switch votes. The drug companies desired no interference in their charging high prices and increasing those prices.
In those earlier morning secretive hours, campaign contributors told James DeMint (R-SC) that they would withhold funding for his upcoming South Carolina Senate election if he did not change his vote. A Missouri state senator called Todd Akin (R-MO) and told Akin that, if he did not vote "yes," the senator would mount a primary challenge against Akin. Akin and DeMint refused to switch, but, during the first hour of the vote, six others changed. The margin of defeat narrowed steadily. By 4 a.m., it stood at 216 to 218. But then it stuck. Doc Hastings still refused to end the vote, so that Republican leaders and lobbyists could continue to exhort, plead, bribe, and threaten.
At 4 a.m., Speaker Dennis Hastert approached, in the House chambers, Congressman Nick Smith (R-MI) for the first of several attempts to encourage Smith to shift his vote. Smith intended to retire at the end of 2004. The Speaker placed his arm around Smith and, to no avail, entreated Smith.
Around 4:20 a.m., Health and Human Services Secretary Tommy Thompson, who worked the Capitol all day, defied custom and moved onto the House floor. Thompson joined Speaker Hastert, as Hastert again approached Nick Smith, who was sitting alone in the back seats. Hastert threw an arm around Smith's shoulder and leaned in as Thompson moved into the seat on the other side. According to Nick Smith, the two "scrunched him."
Smith remained unmoved as Hastert and other legislators returned often, from 4 a.m. to 5 a.m., to plead. Members offered campaign support and endorsements for Nick Smith’s son, Brad, who sought the father‘s seat. When the carrot did not work, members, including Candace Miller (R-MI), told Smith that: if you do not change the vote we will work to make sure your son does not come to Congress. Miller angrily remarked: "I’m going to do all I can to defeat your son." Smith told Miller to "get the hell out of here." Representative James Walsh told Smith that Smith should return a campaign contribution Walsh purportedly gave Smith’s son. Doc Hastings still would not end the vote.
During the open vote, House Majority Leader Tom Delay twice nestled against Nick Smith. The powerful Delay agreed to support Smith’s son, in the 2004 Republican primary, if Smith switched votes. Smith considered support from DeLay as equating to large campaign contributions and as being tantamount to the election of his son.
White House Legislative Liaison David Hobbs, operating from a room adjacent to the House floor, called President George Bush, at 5 a.m. Bush, who the previous day called a dozen members, reached House members in their offices or on cell phones. Bush called freshman Congressman Tom Feeney (R-FL) and told Feeney to change his vote or else his ascendancy in House leadership would end. Feeney refused to budge, and Bush abruptly hung up the phone. Hastings still left the Medicare bill vote open.
At 5:30 a.m., Secretary Tommy Thompson and Speaker Dennis Hastert proselytized Nick Smith again. Hastert told Smith that Smith’s help was vital to the party and the president, a fitting gift at the end of a long career. Hastert suggested to Smith that a positive vote would also help Smith's son, who planned to run for the seat. Nick Smith, the former dairy farmer and budget hawk, waved his hands dismissively and told Hastert that his son had advised him, "Do what is right."
While sensing defeat, the Republican leadership, around 5:30, concocted a ruse to pry loose some conservative votes. The leadership called seven errant Republican members into a meeting, in a private Capitol room, with White House Liaison Hobbs and told the members that the Democratic Party would enact a broader version of the bill. One leadership aide explained: "We couldn't get the votes we needed by promising bridges or roads. The conservatives opposed this bill on policy grounds, so we had to give them a policy reason to be for it." The artifice worked. Two of the seven conservatives in the meeting, C.L. "Butch" Otter of Idaho and Trent Franks of Arizona, agreed to switch. Calls from President Bush to Franks and Otter sealed the deal. Otter had earlier told a reporter that "I could stomach this bill if we were going to pay for it, but borrowing that much money, that means we're voting for the next election, not the next generation."
Moments later, Majority Leader Tom DeLay strode to the House floor microphone. Many members thought he would concede at least temporary defeat. Instead, the scoreboard over his head flashed new numbers: Yeas 218, Nays 216. Within seconds, a flurry of last-minute converts boosted the margin of victory to five. Congressman Hastings hastily called the vote to a close.
At 5:51 a.m., the longest roll call in House history ended with Republicans cheering a 220 to 215 victory and Democrats denouncing the vote as a travesty. The 2-hour-and-51-minute ordeal was more than double the previous record. Minority Leader Nancy Pelosi (D-CA) called the extended vote an outrage. "We won it fair and square," she said, "so they stole it by hook or crook." Minority Whip Steny Hoyer (D-Md.) declared Republicans "stole" the victory through "undemocratic subversion of the will of the House."
Immediately after the Medicare vote, Republican members of Congress repeated threats to prevent the election of Representative Nick Smith‘s son. Duke Cunningham waved his billfold at Smith, still seated in the House chambers, and declared: "We’ve got $10,000 already to make sure your son does not get elected."
Four years later, Congressman Dan Burton (R-IN) explained that the voting and switching of votes, for the Medicare drug bill, occurred in the early hours of the morning so that the "shenanigans" were not televised in primetime. Congressman Walter Jones (D-NC) characterized the proceedings as the "ugliest night" in his 22 years as a Congressman.
During a 60 Minutes broadcast, in 2007, Dan Burton declared: "They’re suppose to have 15 minutes to leave the voting machines open and it was open for almost three hours. The votes were there to defeat the bill for two hours and 45 minutes and we had leaders going around and gathering around individuals, trying to twist their arms to get them to change their votes." Walter Jones stated the arm-twisting was horrible. "We had a good friend from Michigan, Nick Smith, and they threatened to work against his son who wanted to run for his seat when he retired," he recalled. "I saw a woman, a Member of the House, a lady, crying when they came around her, trying to get her to change her votes. It was ugly."
Duke Cunningham is now in jail for accepting unrelated bribes as a Congressman. The Bush Justice Department refused to investigate the attempted bribery of Congressmen on the House floor. On August 3, 2004, Brad Smith lost the Republican Party primary to succeed his father in the 7th Congressional District of Michigan. Billy Tauzin (R-LA), who steered the drug bill through the House of Representatives, retired in 2004 to become President of Pharmaceutical Research and Manufactures of America, at $2 million per year. The profits of pharmaceutical companies have increased by the billions, by reason of the Medicare prescription bill.
On September 30, 2004, the House Ethics Committee, chaired by Colorado Congressman Joel Hefley, admonished Majority Leader Tom Delay for promising to support Congressman Nick Smith’s son in exchange for Smith’s approval of the bill. In January 2005, Delay and Speaker Hastert replaced Hefley, as Chair of the Ethics Committee, with my Congressman, Doc Hastings, who received campaign donations from Delay and drug companies. Hastings has no regrets about holding the Medicare bill open for two hours and fifty one minutes.
In January 2007, a new Democratic House of Representatives voted to mandate Medicare to negotiate lower prices with the drug companies. A similar measure remains blocked in the Senate, due in part to the efforts of the drug lobby.