🧵 The deleterious effect of Michigan's strictest-in-the-nation legislative term limits was plain for all to see during last night's Oversight Committee hearing. Too many Members lack basic proficiency in House Rules and statutes governing the Michigan Legislature. #MILeg 1/7
For example, Rep. LaFave claimed that "a motion to swear a witness in requires a vote of this committee." Not so. The right to administer an oath or affirmation to a witness is personal to a Member by virtue of their office. It does not belong to the committee. See Rule 35. 2/7
When Chairman Hall declared "I'm not going to allow that" in response to @DarrinCamilleri exercising his right to place Mr. Giuliani under oath/affirmation, he acted without authority. Again, the right belongs to each Member, not the committee nor the Chairman. See MCL 4.85. 3/7
Perhaps it is reasonable for the Republican Members to be unfamiliar with the rule and statutory provisions at issue here. Their use is hardly unprecedented, but it is unusual. But that doesn't explain the mishandling of basic parliamentary procedures, like an appeal. 4/7
Chairman Hall presented Rep. @DarrinCamilleri's appeal as "a motion to appeal the ruling of the chair." Of course, it's not a motion at all and that's not the proper form under Mason's. See Mason’s, § 241, ¶ 3, p 191. 5/7
Because the appeal was stated improperly by Chairman Hall, the vote was likewise taken improperly. For the ruling of the chair to stand as the judgement of the committee, a majority vote in the *affirmative* is required. See Mason’s, § 244, p 193. 5/7
Why care about seemingly arcane procedural minutiae? Because procedures exist to protect the rights of the minority and the legitimacy of the deliberative/legislative process. Without procedural rules, you get last night: the exercise of arbitrary power. 6/7
Had procedures governing #MILeg been adhered to by the Oversight Committee, Mr. Giuliani and other witnesses would have been placed under oath. Instead, we were left with hours of unsworn testimony fueling conspiracy theories & spreading disinfo with a legislative imprimatur. 7/7
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