The precipitating event was Senator Nguyen's use of the period for "adjourn in memory" items to "recognize the memories...of hundreds of thousands of Vietnamese refugees who died in seeking freedom and democracy" to criticize the late state Senator Tom Hayden (D, WLA-Santa Monica), a 60's radical ("Chicago 7" defendant) and outspoken Vietnam war opponent who went on to serve 18 years in the CA legislature...and two days earlier had been honored in state Senate proceedings.

Sen. Nguyen, a immigrant refugee from Vietnam, began speaking in Vietnamese, then switched to English, stating [verbatim, including grammar]: "Members, today I recognize in memories of the millions of the Vietnamese of hundreds of thousands of Vietnamese refugees who died in seeking for freedom and democracy. [Sen. Lara, mutters "yes, um"] On Tuesday, you had an opportunity to honor Senator Tom Hayden. With all due respect, I would like to offer..."

That brought Senate Majority Leader Bill Monning (D., San Jose) to his feet and Sen Lara inquired "For what purpose do you rise?" Meanwhile, Senator Nguyen continued speaking: "On Tuesday, instead of participating, I choose to step out of the Chamber..." when her mike was cut off...and she continued speaking off mike.

Sen. Monning stated his point of order: that Sen Nguyen's attempt to discuss a matter of personal privilege from two days earlier was out of order. Senator Lara, presiding, ruled the point of order well taken and stated that Sen. Nguyen was out of order. Senator Nguyen continued to speak with her microphone turned off; Senator Lara repeatedly directed her to take her seat calling her out of order as she continued speaking speak.

Ultimately, Sen. Lara directed Sergeant at Arms to remove Senator Nguyen from the Chamber. Meanwhile, Senator Monning called Senator Nguyen's conduct "disrespectful to the memory of a fellow senator who was memorialized two days ago, and this is fully inapporpiate. It denigrates the respect afforded to colleagues, particularly fallen colleagues of this house...and I appreciate the President (Sen. Lara) taking action to rule this out of order." Sen. Lara responded, "Sen. Monning, your point of order is well taken" and moved onto other adjournments in memory. To see Senate Floor video, click below.

And the dust-up didn't end there.

At an unrelated press event, reporters asked Senate President Pro Tem Kevin deLeon for his reaction to what had happened and also sought comment from Senate Minority Leader Jean Fuller (R. Bakersfield) (video below):.

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By the day's end, Sen. deLeon issued a formal written statement:

[Sen. deLeon written statement] California's Senate Chamber is a house that celebrates free expression and fair representation, which is why I'm troubled by the events which led to the removal of Senator Nguyen from the floor today.

To be very clear, every Senator has the right to speak for their constituents, including Senator Nguyen, a Vietnamese refugee who represents an incredibly diverse community.

At the same time, to maintain order so every Senator can be heard, we all observe a clear set of parliamentary rules, which were explained beforehand to Senator Nguyen and her staff who asked to speak on a specific issue.

Senator Nguyen could and should have spoken today on condition of the file -- and she can on Monday. But, today, for reasons unknown to me she chose not to and was ruled out of order.

The removal of a Senator can and should be an absolute last resort, and I've instructed staff to ensure that we have clearly and specifically communicated house rules and procedures to every Senator to avoid future interruptions to the workings of the Senate. I will also be conducting an internal review to find out exactly what happened today and why.

This is the people's house -- and we have an obligation to our constituents and our democratic process to maintain an environment that respects one another, civil discourse, and promotes the spirit of free expression on which our government is founded."

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And the morning after (Feb. 24), Senator Nguyen issued the following statement:

Today [Feb. 23], in a clear violation of my first amendment rights, I was silenced and forcibly removed from the Senate Floor during an adjournment in memory of Vietnamese and Vietnamese refugees which also offered another historic perspective on Former Senator Tom Hayden's active support of North Vietnam's Communist Regime during the Vietnam War.

I was especially perplexed by the actions taken against me because I notified the Senate Pro Tem's office of my desire to speak on this subject matter and followed protocol. Out of respect for former Senator Hayden's family, I also chose to wait to make my comments today rather than on the day they were present earlier this week. Nevertheless, the Senate leadership chose to censor me.

My family came to this country in search of the very freedom that was taken away from me this morning. I am deeply disappointed with Senate leadership's actions because more than an act against me, Senate leadership silenced the voice of the residents of the 34th District, the more than 960,000 residents that I represent, whose freedoms of speech should never be silenced.

And the OC Republican Party issued a statement:

[OC Republican Party statement] Republican Party of Orange County Chairman Fred M. Whitaker released the following statement after Senator Janet Nguyen was forcibly removed from the Senate floor by the Democratic Leadership for speaking out against the late Senator Tom Hayden's support of the murderous North Vietnamese Communist regime:

"Democrats try to brand themselves as champions of the oppressed, but their disgraceful actions on the floor of the California State Senate earlier yesterday prove that they put politics above people," said Chairman Fred Whitaker. "It is patently unacceptable that Senate Democrats forcibly removed Senator Janet Nguyen for having the temerity to speak truth to power."

"Senator Janet Nguyen's inspirational story of her and her family finding refuge in America and overcoming the oppressors supported by Tom Hayden deserves to be told. The Democrats' silencing of Senator Nguyen is utterly reprehensible and I call on the Senate Democrat Leadership to apologize for such contemptible behavior. Will they continue the shameful tactics of a one party state or will they respect duly elected officials' fundamental rights to free speech?"

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