Capitol Briefing

By Paul Kane
After two days in the hospital, Rep. Henry A. Waxman (D-Calif.) is being released today, a spokeswoman said, and he is expected back in the Capitol next week.

Waxman, 69, fainted Tuesday and was taken to Cedars-Sinai Medical Center in Los Angeles. His office did not elaborate on the fainting spell or its cause. A spokeswoman from the House Energy and Commerce Committee said in a statement that the congressman is "in good health."

Waxman, the chair of that committee, just finished shepherding a landmark climate-change bill through the House and is now expected to play a leading role in crafting health-care legislation.

Updated 7:08 p.m.
By Paul Kane
Rep. Henry A. Waxman (D-Calif.) was admitted to a Los Angeles hospital last night after fainting, according to his office.

"Yesterday, Chairman Waxman did not feel well and fainted in his office. He is undergoing evaluation at Cedars-Sinai [Medical Center]. He is feeling fine today and is in good spirits," Waxman's office said this afternoon in a statement.

Waxman, chairman of the House Energy and Commerce Committee, had just ushered a historic climate change legislation to a narrow victory Friday.

Waxman, 69, is midway through one of the most grueling summers of legislative battle in recent memory. First, he crafted the climate change bill, which is the first national effort at curbing greenhouse gas emissions, and he's next slated to be one of the lead engineers of the House's health-care legislation that aims to insure all Americans. Elected in 1974, Waxman took over the commerce panel after ousting the longtime chairman, Rep. John Dingell (D-Mich.), in an internal leadership election last fall.

By Perry Bacon Jr.
Updated, 4:25 p.m. ET: Norm Coleman (R) today conceded defeat to former Saturday Night Live star Al Franken (D) in the U.S. Senate contest in Minnesota following the Minnesota Supreme Court's ruling that Franken won last November's election, completing one of the longest election processes in American history and giving the Democrats an even larger majority in the Senate.

"The Supreme Court has spoken. We have a United States senator," Coleman said in a press conference outside of his house in Saint Paul, as his daughter stood beside him. "It's time to move forward."

Coleman, who was elected to the seat in 2002, said he had called to congratulate Franken today following the court's decision and also told the state's Gov. Tim Pawlenty (R) that he would concede. Pawlenty must sign an certificate certifying Coleman's victory, which he is expected to do soon.

Franken, in a press conference outside of his home in Minneapolis, said of his victory "it hasn't fully sunk in yet." He played down the importance of giving Democrats their 60th vote.

"I"m not going to Washington to be the 60th Democratic senator, I"m going to Washington to be the second senator from Minnesota and that's the way I'm going to do this job," he said. "I won by 312 votes so I really have to earn the truth of people who didn't vote for me and let them know that I"m going to be working for every Minnesotan," he said.

President Obama, in a statement released by the White House, said "I look forward to working with Senator-Elect Franken."

After a seven-month long election battle, Coleman said he still disagreed with the court's decision, but "I think the issues have been heard." Coleman had argued a recount of the vote there that put Franken ahead by 312 votes was improperly conducted and applied different standards to ballots in different counties in the state, but he decided against any further appeals.

"The election of Nov. 2008 is over," he told reporters. "I congratulated Al Franken on victory."

The longtime politician and former mayor of St. Paul said he wasn't sure what he would do in the future, but said "I'm really at peace."

Franken could be seated as soon as next week when the Senate returns from a holiday recess. His seating would give the Democrats a 60-seat majority in the Senate, potentially allowing them to stop Republicans from using the filibuster to slow down controversial bills, although Democrats Ted Kennedy (Mass.) and Robert Byrd (W.V.) have missed many votes this year because of health issues and might continue to do so.

The court's unsigned opinion did not include a dissent from any of the five justices who heard the case. The court's decision completes a legal process in Minnesota that started with a legally required recount after the Nov. 4 election, which ended with Coleman narrowly ahead by 206 votes out of almost three million cast. A statewide recount that lasted till January found after counting absentee ballots that had been improperly excluded, Franken was ahead by 225 votes.

Coleman filed a formal contest of the election in January, resulting in a two-month long trial where more absentee ballots were counted, and Franken emerged with a 312 vote lead. Coleman appealed the decision by the district court in April, and the state Supreme Court heard arguments in the case earlier this month.

Sen. Robert Byrd, seen here on Inauguration Day, is now out of the hospital, but it's not clear when he'll be able to return to work (Melina Mara/The Washington Post).

By Ben Pershing
Sen. Robert Byrd (D-W.Va.) was released today after a six-week stay in the hospital, his office announced, allowing the longest-serving senator in U.S. history to spend July 4th at home.

"I am pleased to be home in anticipation of celebrating our nation's birthday with my loving family," Byrd said in an official statement. "I also thank everyone who sent me their good wishes and prayers."

The statement said Byrd "will continue his recuperation and physical therapy" at home. His office declined to comment on when he might return to work in the Senate.

Byrd, 91, was hospitalized on May 15 for a "minor infection," and then was forced to remain there after contracting a staph infection. At the request of his family, Byrd's office has been sparing with the press, never specifying why exactly he was hospitalized in the first place or in which hospital he was a patient.

As early as May 18, his office suggested he would be home in a matter of days, but as his stay lengthened and details remained scarce, speculation appeared in the West Viriginia press about who might succeed Byrd. If Byrd is unable to return to the Senate for whatever reason, his successor would be appointed by Gov. Joe Manchin (D) until a special election is held in November 2010.

Many West Virginia observers believe Manchin is interested in taking the Senate seat himself. Though he could appoint himself to the position, a more likely scenario would have Manchin appoint a "caretaker" to the job who would not run in 2010, allowing Manchin to campaign for the post instead.

Congress is in recess through July 6.

In the meantime, visit our Votes Database to check members' votes on Friday's climate bill, among all other votes in the 111th Congress.

Updated 6:57 p.m.
By Paul Kane
House Minority Leader John Boehner (R-Ohio) today launched the equivalent of a filibuster of landmark climate-change legislation, using special unlimited speaking privileges granted only to party leaders to speak for more than an hour.

Boehner, leading opposition to the bill, was slated to be the second-to-last lawmaker to talk, with House Speaker Nancy Pelosi (R-Calif.) waiting in the wings to conclude a debate that had already been going on for more than five hours.

"The gentleman's had 30 years to put this bill together," Boehner snapped at Rep. Henry Waxman (D-Calif.), the author of the legislation, when Waxman asked the GOP leader how long he intended to speak.

Boehner's actions signaled that Republicans doubted they had the votes to defeat the measure, for which President Obama and Pelosi had been furiously lobbying wavering Democrats all day long. Obama called at least 10 Democrats today, according to leaders.

Under House custom, the minority and majority leaders, along with the speaker, are given unlimited time to speak on the floor. Usually they conclude debate for their parties, sometimes taking up to 10 minutes or so in speeches usually written in advance.

However, by 6:15 p.m., Boehner had surpassed 40 minutes in his speech. Republicans objected to a 309-page amendment added into the legislation at 3 a.m., saying substantial changes were made to the bill literally in the dark of night. So Boehner read long portions of the amendment into the Congressional Record. Aides said it was unclear how long he would speak.

"This is the House equivalent of the filibuster in the Senate. We expect it may take a while, but Members of Congress, and -- more importantly -- the American people have a right know what the House is voting on," Boehner's office said in a memo issued to reporters.

More than hour after he started speaking, Boehner concluded, shortly after 6:30 p.m., to a standing ovation from his GOP colleagues.

Despite objections from Democrats, Rep. Ellen Tauscher (D-Calif.) ruled that Boehner's speech was "customary".

Tauscher, in her last day in the House before becoming the undersecretary of State for arms control, is the presiding officer in charge of issuing rulings.

Not only will her vote tonight be her last in office, Tauscher gets married tomorrow.

Confident they will now win the vote, Democratic aides said the net effect of Boehner's speech was to delay Tauscher's departure for her rehearsal dinner.

The House has now begun the series of three votes on the bill, the last of which is final passage.

By Ben Pershing
The wife of House Judiciary Chairman John Conyers (D-Mich.) pleaded guilty to a federal bribery charge today and now faces a likely jail sentence after being implicated in an investigation of corruption on the Detroit City Council.

Monica Conyers, the city council's president pro tem, pleaded to a single count of conspiracy to commit bribery, admitting that she took thousands of dollars in cash payments in exchange for her vote in favor of a $1.2 billion city sludge-hauling contract for Houston-based Synagro Technologies, Inc. A former official with the company and another Detroit businessman have already pleaded guilty in connection with the scandal.

Monica Conyers is currently free on personal bond, and it's not clear whether she will keep her position on the council until she is sentenced. According to the Detroit News, Conyers' attorney believes she faces 30-37 months of prison under federal sentencing guidelines. Federal prosecutors say she faces a maximum penalty of five years in prison.

Conyers reportedly had also been under investigation for allegedly accepting $40,000 worth of jewelry from a pawn shop owner with business before the city council. Today's plea agreement did not reference those allegations, and prosecutors said their investigation is now closed.

John Conyers, meanwhile, declined to talk to reporters in the Capitol today, and his office provided this statement from a spokesperson: "This has been a trying time for the Conyers family, and with hope and prayer they will make it through this as a family. Public officials must expect to be held to the highest ethical and legal standards. With this in mind, Mr. Conyers wants to work towards helping his family and the city recover from this serious matter."

In his capacity as Judiciary chairman, John Conyers is the lead House official conducting oversight of the Justice Department and the FBI. A Judiciary panel spokesman would not entertain a question on whether Conyers recused or considered recusing himself from any matters under the committee's jurisdiction while the investigation of Monica Conyers was underway.

Terrence Berg, the U.S. attorney in charge of the investigation in Michigan, told the Detroit Free Press: "I also want to make it equally clear that the evidence offered no suggestion that U.S. Rep. John Conyers, Mrs. Conyers' husband, had any knowledge or role in Mrs. Conyers' illegal conduct, nor did the congressman attempt to influence this investigation in any way."

John Conyers isn't the first Michigan House member to have a relative face legal trouble. In September, Detroit Mayor Kwame Kilpatrick (D), son of Rep. Carolyn Cheeks Kilpatrick (D), pleaded guilty to lying under oath and resigned from office after being accused of trying to cover up a sexual affair with a former aide.

By Paul Kane

Win or lose in today's cliffhanger vote on climate change legislation, House Minority Leader John Boehner (R-Ohio) can be forgiven if he's already looking ahead to next week.

An avid golfer with a seven handicap, Boehner is playing golf with Tiger Woods on Wednesday in the pro-am portion of the AT&T National at Congressional Country Club, hosted by the world's No. 1 ranked golfer. Named after Tiger's late father, Earl Woods, the pro-am matches up top PGA Tour pros with local celebrities and corporate executives. Leaving the House floor today lobbyists rushed to Boehner's side not to ask about the contentious cap-and-trade bill but instead to ask about Wednesday's outing.

"Is that foursome true?" one whispered to Boehner.

Indeed, Boehner is playing with Woods, whose stature in the halls of Congress ranks up there with other mega-celebrities who frequent the Capitol, such as rock star Bono or Angelina Jolie. Two years ago, upon announcing the launch of the new tournament, Woods was fawned over at a media event in House Speaker Nancy Pelosi's office by congressional golf aficionados Boehner, House Majority Whip James Clyburn (D-S.C.) and Rep. Joe Baca (D-Calif.).

Baca has gone so far in his Woods worship to regularly introduce legislation asking for Woods to be awarded the Congressional Medal of Honor Congressional Gold Medal.

By Paul Kane
Most presidential appointees like to get a head start on the new job and get sworn-in immediately after winning Senate confirmation. Not Rep. Ellen Tauscher.

The California Democrat, confirmed unanimously last night by the Senate as undersecretary of State for arms control, will wait at least one more day to take her position. Instead, Tauscher is in the House today, where Democrats expect a razor-thin vote on climate change legislation and don't want to risk losing out on a single vote. Tauscher, a parliamentary expert, is in the presiding officer's chair this morning, overseeing the early portion of debate on the legislation, which is expected to be voted on late this afternoon.

Democrats are still optimistic that they will have enough votes to secure passage of the controversial legislation, but there's no sense in losing a vote. So, rather than starting her job refereeing arms disputes between, say, India and Pakistan, Tauscher this morning refereed debate between conservative Republicans who believe global warming is a hoax and liberal Democrats who, deep down, don't think this legislation goes far enough in capping greenhouse gas emissions.

Here's the list of other nominees who were confirmed by the Senate by unanimous consent last evening, before closing the doors until July 6, for a congressional recess:

Lawrence Strickling to be Assistant Secretary of Commerce
Mercedes Marquez to be Assistant Secretary of HUD
Robert Litt to be General Counsel for the DNI
Stephen Preston to be General Counsel for the CIA
Ellen Tauscher to be Undersecretary of State for Arms Control
Kurt Campbell to be Assistant Secretary of State for East Asian & Pacific Affairs
Julius Genachowski to be a Member of the FCC
Robert McDowell to be a Member of the FCC
Kathleen Martinez to be Assistant Secretary of Labor
Kathy Greenlee to be Assistant Secretary for Aging of HHS
Dennis McCarthy to be Assistant Secretary of Defense
Daniel M. Rooney to be Ambassador to Ireland

The Senate is not in session. The House meets at 9:00 a.m. for legislative business and will likely vote on H.R. 2454, the American Clean Energy and Security Act of 2009.

For a complete schedule of House and Senate committee hearings, visit Today in Congress.