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You may have seen in the news recently where I was fined $15,000 for bypassing the new metal detectors on the way to the House floor. I have no problem following security measures (in fact, I go through metal detectors when I fly to and from Washington every week), but these are intimidation tactics from the liberal Left, and I won't stand for it. Of course, it wouldn't be the liberal left if there wasn't a healthy dose of hypocrisy.
On Feb 4th, Speaker Pelosi was caught bypassing the metal detectors and has yet to be fined.
It is time for all of us, against all odds, to defeat unconstitutional overreach by the radical Left and stand up for everyday Americans.
Will you join me in standing up to Queen Pelosi and her intimidation tactics?
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I decided that I would move forward and explore the possibility of challenging the constitutionality of the proposed H. Res. 73 if it was introduced and passed in the House. As I understood its intent, it violated the U.S. Constitution in three areas: Article 1 - Section 5, Article 1 - Section 6, and the 27th Amendment.
H. Res. 73 introduced in the House by Rep. James McGovern (D-MA-2)
Official Title as Introduced: Providing the Sergeant-at-Arms with the authority to fine Members, Delegates, or the Resident Commissioner for failure to complete security screening for entrance to the House Chamber, and for other purposes.
I reached out to a friend to ask legal advice as to who would be a good attorney that could help challenge H. Res. 73 if it passed in the House. In my opinion, this was going to require sage counsel to Fight and Win this battle.
Retained legal counsel at personal expense and was advised that I would have to be fined under H. Res. 73 in order to obtain the legal standing necessary to challenge it in court.
I bypassed the magnetometers and hand wands that afternoon and entered through the Speakers Lobby. I told the officers manning the entrance both my name and my district and that I would not submit to their screening.
Congressman Gohmert was fined $5,000 for returning through the Speakers Lobby after making a trip to the men’s member restroom directly outside the Speakers Lobby. He had already been security screened once and it made no sense to him to screen him a second time for simply going to the men’s restroom.
Nancy Pelosi was caught bypassing the magnetometers and the hand wand security check by going through the Speakers Lobby exactly as I had done the day before. This was witnessed by multiple Members and resulted in a letter being generated by the House Admin Committee documenting the violation. Speaker Pelosi was NOT fined for this violation. The Sergeant at Arms replied to this email.
As of that morning I had not been notified of a fine yet so I entered the House floor to vote by intentionally going through an entrance that had a magnetometer and allowed my government issued cell phone to trip the magnetometer. When the officer tried to stop me from entering I bypassed him and told him “I need to vote”. Later that afternoon I was notified by the House Sergeant at Arms via a letter dated February 4th, that I would be fined $5,000 for bypassing the security screening from two days earlier, on Wednesday, Feb 3rd.
Monday morning I was notified by the House Sergeant at Arms that I would now be fined an additional $10,000 for a second violation, for bypassing the security screening on Friday, Feb 5th. My fines now totaled $15,000.
Submitted our evidence preservation letter, “Demand for Preservation of Electronically Stored Information & Other Evidence”, which put Speaker Pelosi, Acting Sergeant-At-Arms Timothy P. Blodgett, and Acting Chief of Police of the U.S. Capitol Police Yogananda D. Pittman on notice that a lawsuit was being drafted to challenge H.Res 73.
Speaker Pelosi’s counsel revealed their identity and responded by email to our evidence preservation letter.
Speaker Pelosi’s counsel responded to our evidence preservation letter with an additional letter.
According to H. Res. 73, I had 30 days to appeal the fines and so on February 23rd, I submitted my letter appealing the fines in order to follow all the legal procedures outlined in the House Resolution.
My counsel responded to House counsel answering their questions.
Ethics Committee meets to discuss Congressman Clyde’s appeal of the two fines. There are 5 Democrats and 5 Republicans on the Ethics Committee. Per H. Res.73 it takes a majority vote to clear any member of a fine so the Member is automatically assumed guilty of the fine unless it is overruled by a majority vote. So, unlike anywhere else in the American legal system, a tie vote levies the fine. In any real court of law it would take a unanimous vote to penalize a person with a fine but in the ethics Committee it only takes a tie vote. Even in the House of Representatives, a tie vote would not advance a bill but would cause the bill to fail. Also, according to the rules of the Ethics Committee, it requires a majority vote for any ethics violation to pass, but not for H. Res. 73. House Resolution 73 is the unethical exception and EVERY DEMOCRAT member at the time voted for its passage. So every Democrat member is complicit in this violation, in its corruption and its anti-American policy subverting the “Due Process of Law”.
Notified by the House Ethics Committee that the vote was not a majority vote to overturn the fine (it was a tie vote) so both fines would be upheld. This was the expected outcome as the rules were crafted in such a way as to unethically give the Democrat majority total control of the Ethics Committee for H. Res. 73.
Committee On Ethics informed Speaker Pelosi via letter that they had received my appeals on February 23rd, had finally adopted its written rules on March 9th, and that a majority of the committee did not agree with my appeal. In any legitimate court, it would take a unanimous decision to levy a fine but in the unethical Ethics Committee under Democrat control, it only took a tie vote. Throw the “due process of law” out the window and make the victim guilty, first and foremost, making him prove his innocence against a stacked deck of Democrat Members drunk on the power of the majority.
As promised, I filed a lawsuit in the United States District Court for the District of Columbia, Case # 1:21-cv-01605
Announced the lawsuit through a news conference held in the Capitol triangle.
The Washington Times Article
Judge Tim Kelly, appointed in 2017, is assigned to our case
Our Counsel requests that during the course of the lawsuit that both the magnetometer screening and the penalty factor of H.Res. 73 be held in abeyance. House Counsel denies the request after consultation with “affected parties” which I read to be Speaker Pelosi.
Republican Congressman Lloyd Smuckers fine is upheld by the “Ethics Committee and the Judge agrees to amend the complaint to add him.
The lopsided Committee on House Administration sporting 6 Democrat members and only 3 Republican members approve Resolution 117-17, “A Resolution to Establish Timetables and Procedures for the Deduction of Net Salary for the Payment of Fines for Violations Under House Resolution 73”.
Received a letter from the Chief Administrative Officer, Catherine L. Szpindor notifying me that my 90 days to voluntarily pay the $15,000 in fines had expired and that the entire amount was still due. Hence, beginning with the July pay cycle date of August 1, 2021 the entire amount would be deducted from member net pay in equal installments through the remainder of the 117th Congress. By their calculation, that meant $833.33 would be deducted each month for 18 months. If I had any questions then I was to contact the CAO Members Services Office.
So now was the time to implement my offensive strategy to deny the Democrat machine its “pound of flesh” and to turn the $15,000 H.Res. 73 fine into $1.04 per month. At that rate it would take Speaker Pelosi every bit of 1,202 years to collect the entire fine and I would have to be a member of Congress until the year 3,223… which is not going to happen! I contacted the CAO Members Services Office and notified them that I would be providing a new W-4 and increasing my Federal Tax Withholding until my net pay was reduced to $1.04 per month.
Then at the end of every calendar year I would file my federal tax return and receive the entire overpayment back in the form of a rather large refund. Why did I leave $1.04 in net pay? Well, I figured I would leave something just to make sure I retained the legal standing necessary to bring the lawsuit.
CAO Member Services acknowledges my change in W-4 withholding and concurs that $1.04 will be deducted from my July 2021 Member pay.
“This amount represents your full net salary for the current pay cycle after required deductions, to include the increased federal withholding amount”.
The Chief Administrative Officer deducts my entire net pay in the amount of $1.04 from my paycheck.
The Chief Administrative Officer deducts my entire net pay in the amount of $1.04 from my paycheck. Total H.Res. 73 deduction to date is $2.08
Defendants (the administrative subordinates of Speaker Nancy Pelosi) file a motion to dismiss the case.
Our response to the Defendants motion to dismiss the case, requesting that their motion be denied.
Defendants file a response to our request that their motion for dismissal be denied.
The Chief Administrative Officer deducts my entire net pay in the amount of $1.04 from my paycheck. Total H.Res. 73 deduction to date is $3.12
The Chief Administrative Officer deducts my entire net pay in the amount of $1.04 from my paycheck. Total H.Res. 73 deduction to date is $4.16
The Chief Administrative Officer deducts my entire net pay in the amount of $1.04 from my paycheck. Total H.Res. 73 deduction to date is $5.20
The Chief Administrative Officer deducts my entire net pay in the amount of $1.04 from my paycheck. Total H.Res. 73 deduction to date is $6.24