Elizabeth Warren's Legal Troubles: What Laws Were Broken?

In 2017, Senator Elizabeth Warren was silenced by Republican Majority Leader Mitch McConnell for allegedly breaking Rule 19, which states that no Senator in debate shall, directly or indirectly, by any form of words impute to another Senator or to other Senators any conduct or motive unworthy or unbecoming a Senator. During a debate on the confirmation of Jeff Sessions as Attorney General, Warren quoted Coretta Scott King's letter calling Sessions unfit for office. Senators voted along party lines to silence Warren, with McConnell stating that she had been warned and nevertheless, she persisted. This phrase sparked social media outrage and became a slogan for Warren and others.

Did Elizabeth Warren break the rules?

In February 2017, Democratic Senator Elizabeth Warren was prevented from speaking on the Senate floor by Republican Majority Leader Mitch McConnell. This was due to her alleged violation of Rule 19, a Senate rule that states that "no Senator in debate shall, directly or indirectly, by any form of words impute to another Senator or to other Senators any conduct or motive unworthy or unbecoming a Senator".

The incident occurred during a debate on whether to confirm President Donald Trump's nominee for attorney general, Senator Jeff Sessions. Warren was arguing against Sessions' confirmation, quoting the late Senator Edward Kennedy, who had opposed Sessions' confirmation as a federal judge in 1986, and reading a letter from Coretta Scott King, the widow of Martin Luther King Jr., which called Sessions' fitness for the office into question.

McConnell warned Warren that she appeared to be violating Rule 19 and asked her to stop speaking. However, Warren continued, and the Senate voted along party lines (49-43) to silence her for the rest of the debate. This sparked outrage among Warren's supporters on social media, with the hashtag #shepersisted trending alongside photos of people like Rosa Parks.

While the interpretation of Rule 19 may be subject to debate, and there is discretion in applying the rule, scholars suggest that Warren's case set an extremely low bar for its invocation, as she was reading a public document that had already been recorded in the Congressional Record. Additionally, the selective enforcement of the rule, with other senators making similar comments without repercussion, also calls into question the fairness of its application in this instance.

What is Rule 19?

Rule 19 is a provision in the Rules of the Senate that dictates how senators should behave. It states that senators may not:

> "directly or indirectly, by any form of words impute to another Senator or to other Senators any conduct or motive unworthy or unbecoming a Senator."

In other words, senators are not allowed to insult or accuse each other of wrongdoing. This rule was created after a physical fight broke out between two senators in 1902. Since then, it has rarely been invoked.

In 2017, Senate Republicans used Rule 19 to shut down a speech by Senator Elizabeth Warren, in which she criticised Senator Jeff Sessions, then a nominee for attorney general. Warren quoted Coretta Scott King and Senator Edward Kennedy, who had both previously opposed Sessions's nomination to a federal judgeship. In her speech, Warren said that Sessions had pursued a "shabby" voter fraud case against African American activists when he was a prosecutor. She also quoted Kennedy, who had called Sessions a "disgrace to the Justice Department".

The mechanism used to silence Warren was Rule 19, with Senate Majority Leader Mitch McConnell stating that Warren had "impugned the motives and conduct of our colleague from Alabama".

How frequently is Rule 19 invoked?

Rule 19, or Rule XIX, of the Standing Rules of the United States Senate, is rarely invoked, according to the Senate historian's office and scholars. It was last formally invoked in 2017 against Senator Elizabeth Warren, but there have only been two other recorded votes on this question in the history of the Senate: on January 29, 1915, and April 21, 1952.

The rule states that "no Senator in debate shall, directly or indirectly, by any form of words impute to another Senator or to other Senators any conduct or motive unworthy or unbecoming a Senator." It was formalised in 1902 after a physical altercation between two senators.

The rule is rarely invoked because there is a great deal of discretion in applying it. While any senator can invoke it, they are not required to do so, and senators often prefer to let questionable remarks slide rather than make a battle out of it.

Why did Mitch McConnell pursue Rule 19 in this instance?

In February 2017, during the debate on Senator Jeff Sessions's nomination for United States Attorney General, Elizabeth Warren quoted a letter written by Coretta Scott King in 1986 to Senator Strom Thurmond. In the letter, King expressed her view that Sessions had used his power as a lawyer to "chill the free exercise of the vote by black citizens". As a result of reading this letter, the Senate Republicans, led by Mitch McConnell, voted that Warren had violated Senate Rule 19, which prohibits impugning another senator's character.

McConnell pursued Rule 19 in this instance because he believed that Warren's actions impugned the character of Senator Sessions. As the Senate Majority Leader at the time, McConnell had the power to enforce Rule 19 and prevent Warren from continuing to participate in the debate. McConnell's decision to pursue Rule 19 in this instance was likely influenced by his political alignment with Sessions and his desire to protect his fellow Republican senator from criticism. Additionally, McConnell may have also wanted to send a message to Warren and other Democratic senators about the consequences of speaking out against Republican nominees.

McConnell's decision to enforce Rule 19 had significant consequences for Warren and the debate. As a result of the ruling, Warren was no longer allowed to participate in the debate and was silenced on the Senate floor. However, she refused to be deterred and instead read King's letter while streaming live online, reaching a wider audience. McConnell's attempt to silence Warren ultimately backfired, as his statement, "She was warned. She was given an explanation. Nevertheless, she persisted," became a slogan for Warren and a rallying cry for her supporters.

Does what Elizabeth Warren did represent an unusually low threshold for the use of Rule 19?

On February 7, 2017, Senator Elizabeth Warren was silenced on the Senate floor by Republican Majority Leader Mitch McConnell for impugning the character of Senator Jeff Sessions, who was at the time President Donald Trump's nominee for attorney general. Warren was reading a letter from Coretta Scott King, the widow of slain civil rights leader Martin Luther King Jr., in which King called out Sessions' fitness for the office of attorney general.

Rule 19, or Rule XIX, states that "no Senator in debate shall, directly or indirectly, by any form of words impute to another Senator or to other Senators any conduct or motive unworthy or unbecoming a Senator." The rule was formalized in 1902 after a physical altercation between two senators.

While the application of Rule 19 is subjective and discretionary, scholars say that the case against Warren set "an extremely low bar" for its use. This is because she was reading a public document that had already been recorded in the Congressional Record. A similar precedent was set in 1950 when Senator Estes Kefauver was called out for "reading a newspaper article." However, it is important to note that Rule 19 is rarely invoked, and senators often prefer to let questionable remarks slide rather than make a battle out of it.

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