On Wednesday, I voted for a motion to table (or temporarily set aside) H. Res 489, concerning Representative Adam Schiff. Many people have asked why. The reason is simple: I believe that the legislation, as it was then written, was unconstitutional. Fortunately, I have been in contact with the author of the Resolution, and she is working to address the constitutional issues. I look forward to voting on a revised version next week.

The prior version of the Resolution suggested a fine be paid by Schiff in the amount of $16 million. While it might be satisfying to see him hit with such a fine – indeed, he deserves far worse! – I believe a court would find that this violates some or all of these constitutional provisions: the Due Process Clause of the 5th Amendment, the Fines Clause of the 8th Amendment, the 27th Amendment, and the Bill of Attainder Clause of Article I, Section 9. Schiff would then claim vindication and use the whole episode to shore up support from the left for his U.S. Senate campaign.

The revisions I’ve asked for to the Resolution put it on solid legal ground and will prevent this perverse outcome.  

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In the many battles we’ve fought together, we’ve used every tool at our disposal to fight for sanity, decency, and conservative values. We’ve won tremendous victories against all odds. And we’ve always done so in the name of our country’s founding ideals: freedom, self-government, the rule of law, and the Constitution itself.

Yet a few people have suggested that it’s time to give up those principles. They’ve pointed out that people like Schiff don’t care about the Constitution, and the left is weaponizing our political and legal systems in unprecedented ways – so we must fight fire with fire. 

I must disagree. I believe the way to counter our opponents’ assault on the Constitution is not with equal and opposite violations of our own. It is with fidelity to the Constitution, of a renewed and urgent kind. 

Our political institutions have taken a beating in recent years, and with the arrival of COVID they collapsed entirely. We see new threats every day to freedom of speech, freedom of religion, the right to bear arms, due process, and equal treatment under law. There is so much at stake right now. If we don’t fight for the principles that have made America the greatest country in the world, then who will?  

If you don’t agree with me on the first H. Res 489 vote, I respect and value your opinion. I am accountable to you. And while I can’t promise this will be the last time you disagree with me, I can promise that I will always be guided by my oath, my conscience, my duty to my constituents – and our shared belief that our state and country are worth fighting for.

-Kevin