mr. conley. >> thank you mr. cummings and thank you for your leadership on this issue. the stakes here are very serious. we shouldn't play politics with the tragedy occurring on the southern border. the instability because of drug cartels and unfeathered, free-flowing illicit arms crossing our border into mexico into the hands of drug cartels is very serious business. we ought to look at whole issue and not trying to simply make cheap political points at the expense of the tragedy with an atf family and at the expense of the security of the american people. you all have some questions, and we have to go vote. let's open it up for the questions. >> any questions? >> i have a question. have you guys heard vocal support from the obama administration for your gun trafficking legislation before the testimony we heard today? was it mentioned in the present state of the union address, and why do you think we're now hearing support for it 37 months into the administration? >> it was not in the state of the union, but when we had our first hearing, there were three things that t

mr. conley sort of berated and told you of his disapproval. who would have or could have, not the 44, the 47, who could have, in fact, held hearings, particularly let's talk about the nlrb, who schedules those? >> the committee. >> the committee is controlled by? >> democrats. >> did they schedule a hearing on an nlrb appointee? >> not the two nominated on december 14th. >> and who could have scheduled the vote on the first one? >> democrats in the senate. >> and it wasn't the 44 that stopped that, was it? >> correct. >> thank you. i yield back. >> gentleman's time has expired. i yield myself five minutes for the purpose of questioning, senator lee, i appreciate you being here with us and your leadership on this important issue. my colleague from oklahoma concluded with the main focus of my questioning and that the precedent here is pretty dramatic, if we do not undo what has occurred. and it's my understanding the department of justice memorandum that in essence said that the president has a unilateral authority or ability to decide when you,