Congressional Report Discusses Secret Sessions Of House, Senate

Secret sessions are held for Senate deliberations during impeachment trials, national security issues, and sensitive administration messages.Congressional Report Discusses Secret Sessions of House, SenateBy Cliff Montgomery – June 23rd, 2007A short May 25th, 2007, Congressional Research Service (CRS) report on “Secret Sessions of the House and Senate” was released without fanfare. But its timing may be telling, as the Bush White House continues to insist on powers it does not possess.For various reasons, Congressional secret sessions could be used as a counter to such overworked claims of secrecy and privilege.We quote the report below:“‘Secret,’ or ‘closed,’ sessions of the House and Senate exclude the press and the public. They are held to discuss business such as Senate deliberations during impeachment trials, issues of national security, and sensitive communications received from the President, all deemed to require confidentiality and secrecy.”During a secret session, the doors of the chamber are closed. The chamber and its galleries are cleared of all individuals except Members and those officers and employees specified in the rules or essential to the session. Secret sessions occur infrequently. Any Member of Congress may request one, although there is usually agreement in advance among Members.”Authority for the House and Senate to hold secret sessions appears in Article I, section 5, of the Constitution, which says: ‘Each House may determine the Rules of its proceedings…Each House shall keep a journal of its Proceedings, and from time to time publish the same, excepting such Parts as may in their judgment require Secrecy…'”Both chambers have implemented this section through rules and precedents. A chamber’s rulesapply during secret sessions in the House and Senate, except during impeachment deliberations in the Senate.”In the House, Rule XVII, clause 9, governs secret sessions, including the types of business to be considered behind closed doors. A motion to resolve into a secret session may only be made in the House, not in Committee of the Whole. A Member who offers such a motion announces the possession of confidential information, and moves that the House go into a secret session. The motion is not debatable, but, if agreed to, the Member making the motion is recognized under the one-hour rule in closed session.”For Senate impeachment proceedings, Rules XX and XXIV of the Senate Rules for Impeachment Trials govern secret deliberations. The Senate has interpreted these rules to require open deliberations during impeachment trials, unless the Senate votes to close its doors during deliberations.”Standing Senate Rules XXI, XXIX, and XXXI cover secret sessions for legislative and executive business (nominations and treaties).”Rule XXI calls for the Senate to close its doors once a motion is made and seconded. The motion is not debatable, and its disposition is made behind closed doors.”Rule XXIX calls for Senate consideration of treaties to be conducted in secret unless the Senate lifts the ‘injunction of secrecy,’ which it usually does and undertakes by unanimous consent.”Rule XXXI mandates that all nominations, treaties, and other matters be considered in open session unless the Senate votes to do so in secret, and, for treaties, the injunction of secrecy hasbeen removed.”The Continental Congress and the Constitutional Convention met in secret. The Senate met in secret until 1794, its first rules reflecting a belief that the body’s various special roles, including providing advice and consent to the executive branch, compelled it to conduct its business behind closed doors.”The Senate’s executive sessions (to consider nominations and treaties) were not opened until 1929.”Since 1929, the Senate has held 54 secret sessions, generally for reasons of national security. On November 1, 2005, the Senate met behind closed doors to discuss Iraq war intelligence. Six of the seven most recent secret sessions, however, were held during the impeachment trial of President Bill Clinton.”In 1997, the Senate met in secret to consider the Chemical Weapons Convention Treaty and in 1992, to debate the ‘most favored nation’ status of China. The Senate also closed its doors during the impeachment trial of federal judges in 1933 and 1936 and on six occasions in the 1980s.”The House met frequently in secret session through the end of the War of 1812, and then only in 1825 and in 1830. Since 1830, the House has met behind closed doors only three times: in 1979 to discuss the Panama Canal, in 1980 to discuss Central American assistance, and in 1983 to discuss U.S. support for paramilitary operations in Nicaragua.”Members and staff of both houses are prohibited from divulging information from secret sessions, and all staff are sworn to secrecy. Violations of secrecy are punishable by the  disciplinary rules of a chamber. A Member may be subject to a variety of punishments, including loss of seniority, fine, reprimand, censure, or expulsion. An officer or employee may be fired or subject to other internal disciplinary actions.”The proceedings of a secret session are not published unless the relevant chamber votes, during the meeting or at a later time, to release them. Then, those portions released are printed in the Congressional Record.”Like what you’re reading so far? Then why not order a full year (52 issues) of thee-newsletter for only $15? A major article covering an story not being told in the Corporate Press will be delivered to your email every Monday morning for a full year, for less than 30 cents an issue. Order Now!