Conservatives Override DC Council Criminal Code Decision
Every now and then a Republican bill comes up that is “bipartisan,” in terms of attracting conservative Democrats over to the Dark Side. That happened yesterday with Andrew Clyde’s resolution slapping down local DC government with his Disapproving the action of the District of Columbia Council in approving the Revised Criminal Code Act (HJ Res 26). It passed 250-173, every Republican plus 31 conservative Democrats voting against DC.
The idea behind the Revised Criminal Code Act of 2022 was to rewrite and modernize DC’s 122-year-old criminal code, redefining offenses, adjusting penalties and codifying new crimes that the framers of the original rules didn’t envision. The new code increases the possible sentence for violent or destructive crimes, such as use of a weapon, something Republicans oppose. DC Congresswoman Eleanor Holmes Norton called Clyde’s legislation a “profoundly undemocratic, paternalistic resolution” and pointed out that “the Republican leadership believes that D.C. residents, a majority of whom are Black and Brown, are either unworthy or incapable of governing themselves.”
The dictionary defines democracy as “a government in which the supreme power is vested in the people and exercised by them directly or indirectly through a system of representation usually involving periodically held free elections.” D.C.’s lack of voting representation in Congress and Congress’ plenary authority over D.C. are the antithesis of democracy.
I would remind House Republicans that they once professed support for local control of local affairs. Their fiscal year 2016 budget said this: “America is a diverse nation. Our cities, states and local communities are best equipped and naturally inclined to develop solutions that will serve their populations. But far too often, local leaders are limited by numerous federal dictates.”
The legislative history and merits of the legislation enacted by D.C. that is the subject of this resolution are irrelevant to the consideration of this resolution, since there is never justification for Congress nullifying legislation enacted by D.C., but I would like to set the record straight.
The Revised Criminal Code Act comprehensively revises D.C.’s criminal code, which has not been done since it was created in 1901. Everyone in the D.C. legal system agrees that such a revision is long overdue. The bill is the product of over a decade of work by D.C. to create a modern, comprehensive, systematic criminal code. A majority of states, both red and blue, have adopted such a code.
In 2016, D.C. enacted legislation establishing an independent agency, the Criminal Code Reform Commission, to recommend a new criminal code. The Commission, which consisted of nonpartisan experts, drafted the Revised Criminal Code Act over nearly five years in a fully public process. The voting members of the Commission’s advisory group, including the U.S. Attorney for D.C., unanimously approved transmitting the bill to the D.C. Council and mayor.
The D.C. Council held three hearings on the bill. The Council, as required by Congress, passed the bill on two separate occasions—by votes of 12-0 and 13-0. The mayor vetoed the bill. The Council voted to override the veto by a vote of 12-1. The provisions of the bill do not take effect until October 1, 2025, at the earliest.
I say to every member of Congress: Keep your hands off D.C. If you want to legislate for D.C., become a D.C. resident and get elected mayor or councilmember.
I urge members to vote NO.
173 Democrats did vote NO. These are the ones who voted with Marjorie Traitor Greene instead:
Nikki Budzinski (New Dem-IL)
Yadira Caraveo (New Dem-CO)
Lou Correa (New Dem-CA)
Jim Costa (Blue Dog-CA)
Angie Craig (New Dem-MN)
Henry Cuellar (Blue Dog-TX)
Don Davis (New Dem-NC)
Jared Golden (Blue Dog-ME)
Vicente Gonzalez (Blue Dog-TX)
Josh Gottheimer (Blue Dog-NJ)
Josh Harder (New Dem-CA)
Marcy Kaptur (OH)
Derek Kilmer (New Dem-WA)
Greg Landsman (New Dem-OH)
Susie Lee (New Dem-NV)
Kathy Manning (New Dem-NC)
Jared Moskowitz (New Dem-FL)
Wiley Nickel (New Dem-NC)
Jimmy Panetta (New Dem-CA)
Chris Pappas (New Dem-NH)
Marie Perez (WA)
Brittany Pettersen (New Dem-CO)
Dean Phillips (New Dem-MN)
Pat Ryan (New Dem-NY)
Andrea Salinas (OR)
Kim Schrier (New Dem-WA)
Mikie Sherrill (New Dem-NJ)
Elissa Slotkin (New Dem-MI)
Eric Sorensen (New Dem-IL)
Greg Stanton (New Dem-AZ)
Mike Thompson (Blue Dog-CA)
