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THE IMPEACHMENT TRIAL
Jan. 28: Closing Remarks

  • More Transcripts From the Trial

  • From the Congressional Record
    Thursday, January 28, 1999

    CLOSING REMARKS

    The CHIEF JUSTICE. The Chair recognizes the majority leader.

    MODIFICATION TO TITLE II

    Mr. LOTT. Mr. Chief Justice, with regard to the beginning of the depositions, I ask unanimous consent that title II of S. Res. 30 be modified with the language I send to the desk.

    The CHIEF JUSTICE. Without objection, it is so ordered. The modification follows:

    TITLE II--TO AUTHORIZE ISSUANCE OF SUBPOENAS TO TAKE DEPOSITIONS IN THE TRIAL OF THE ARTICLES OF IMPEACHMENT AGAINST WILLIAM JEFFERSON CLINTON, PRESIDENT OF THE UNITED STATES

    Sec. 201. That, pursuant to Rules V and VI of the Rules of Procedure and Practice in the Senate When Sitting on Impeachment Trials, and Senate Resolution 16, One Hundred Sixth Congress, First Session, the Chief Justice of the United States, through the Secretary of the Senate, shall issue subpoenas for the taking of testimony on oral deposition to the following witnesses: Sidney Blumenthal, Monica S. Lewinsky, and Vernon E. Jordon, Jr.

    Sec. 202. The Sergeant at Arms is authorized to utilize the services of the Deputy Sergeant at Arms or any other employee of the United States Senate in serving the subpoenas authorized to be issued by this resolution.

    Sec. 203. Depositions authorized by this resolution shall be taken before, and presided over by, on behalf of the Senate, two Senators appointed by the Majority Leader and the Democratic Leader, acting jointly, one of whom shall administer to witnesses the oath prescribed by Rule XXV of the Rules of Procedure and Practice in the Senate When Sitting on Impeachment Trials. Acting jointly, the presiding officers shall have authority to rule, as an initial matter, upon any question arising out of the deposition. All objections to a question shall be noted by the presiding officers upon the record of the deposition but the examination shall proceed, and the witness shall answer such question. A witness may refuse to answer a question only when necessary to preserve a legally-recognized privilege, or constitutional right, and must identify such privilege cited if refusing to answer a question.

    Sec. 204. Examination of witnesses at depositions shall be conducted by the Managers on the part of the House or their counsel, and by counsel for the President. Witnesses shall be examined by no more than two persons each on behalf of the Managers and counsel for the President. Witnesses may be accompanied by counsel. The scope of the examination by the Managers and counsel for both parties shall be limited to the subject matters reflected in the Senate record. The party taking a deposition shall present to the other party, at least 18 hours in advance of the deposition, copies of all exhibits which the deposing party intends to enter into the deposition. No exhibits outside of the Senate record shall be employed, except for articles and materials in the press, including electronic media. Any party may interrogate any witness as if that witness were declared adverse.

    Sec. 205. The depositions shall be videotaped and a transcript of the proceedings shall be made. The depositions shall be conducted in private. No person shall be admitted to any deposition except for the following: The witness, counsel for the witness, the Managers on the part of the House, counsel for the Managers, counsel for the President, and the presiding officers; further, such persons whose presence is required to make and preserve a record of the proceedings in videotaped and transcript forms, and Senate staff members whose presence is required to assist the presiding officers in presiding over the depositions, or for other purposes, as determined by the Majority Leader and the Democratic Leader. All present must maintain the confidentiality of the proceedings.

    Sec. 206. The presiding officers at the depositions shall file the videotaped and transcribed records of the depositions with the Secretary of the Senate, who shall maintain them as confidential proceedings of the Senate. The Sergeant at Arms is authorized to make available for review at secure locations, any of the videotaped or transcribed deposition records to Members of the Senate, one designated staff member per Senator, and the Chief Justice. The Senate may direct the Secretary of the Senate to distribute such materials, and to use whichever means of dissemination, including printing as Senate documents, printing in the Congressional Record, photo- and video-duplication, and electronic dissemination, he determines to be appropriate to accomplish any distribution of the videotaped or transcribed deposition records that he is directed to make pursuant to this section.

    Sec. 207. The depositions authorized by this resolution shall be deemed to be proceedings before the Senate for purposes of Rule XXIX of the Standing Rules of the Senate, Senate Resolution 259, One Hundredth Congress, First Session, sections 191, 192, 194, 288b, 288d, 288f of title 2, United States Code, sections 6002, 6005 of title 18, United States Code, and section 1365 of title 28, United States Code. The Secretary shall arrange for stenographic assistance, including videotaping, to record the depositions as provided in section 205. Such expenses as may be necessary shall be paid from the Appropriation Account--Miscellaneous Items in the contingent fund of the Senate upon vouchers approved by the Secretary.

    Sec. 208. The Majority and Minority Leaders, acting jointly, may make other provisions for the orderly and fair conduct of these depositions as they seem appropriate.

    Sec. 209. The Secretary shall notify the Managers on the part of the House, and counsel for the President, of this resolution. The resolution (S. Res. 30), as amended, as modified, reads as follows:

    S. Res. 30 Resolved,

    TITLE I--PROCEDURES CONCERNING THE ARTICLES OF IMPEACHMENT AGAINST WILLIAM JEFFERSON CLINTON

    Sec. 101. That the deposition time for all witnesses be determined by the Senate Majority Leader and Minority Leader, as outlined in Senate Resolution 16, One Hundred Sixth Congress, First Session, and title II of this resolution and that all Senators have an opportunity to review all deposition material, which shall be made available at the earliest possible time. Sec. 102. When the Senate reconvenes on the day after completion of the depositions, and the review period, it shall be in order for both the House Managers and the President's counsel to move to resolve any objections made during any deposition. After resolution of any such motions, it shall be in order for the House Managers and/or White House counsel to make a motion or motions to admit the depositions or portions thereof into evidence, whether transcribed or on videotape provided further for a presentation employing all or portions of such tape, and it shall then be in order for the two Leaders jointly, only to make motions for additional discovery because of new relevant evidence discovered during the depositions. Motions may also then be made for orders governing the presentation of evidence and/or the testifying of witnesses before the Senate. Sec. 103. If no such motions are made, or following the completion of any procedures authorized as a result of the votes on any motions, the White House shall have up to 24 hours to make any motions dealing with testimony or evidence that the White House counsel deems appropriate, as described previously. Sec. 104. If no such motions are made, or no witnesses are called to testify in the Senate, the Senate shall proceed to final arguments as provided in the impeachment rules waiving the two person rule contained in Rule XXII of the Rules of Procedure and Practice in the Senate When Sitting on Impeachment Trials for not to exceed six hours, to be equally divided. If motions are agreed to regarding new evidence or calling of new witnesses, this resolution is suspended. Sec. 105. At the conclusion of the final arguments the parties shall proceed in accordance with the rules of impeachment: Provided however, That no motion with respect to reopening the record in the case shall be in order, and: Provided further, That it shall be in order for a Senator to offer a motion to suspend the rules to allow for open final deliberations with no amendments or motions to that motion in order; and the Senate shall proceed to vote on the motion to suspend the rules to provide for open Senate deliberations. Sec. 106. Following that vote, and if no motions have been agreed to as provided in sections 102 and 103, and no motions are agreed to following the arguments, then the vote will occur on the articles of impeachment no later than 12:00 noon on Friday, February 12, 1999, if all motions are disposed of and final deliberations are completed.

    TITLE II--TO AUTHORIZE ISSUANCE OF SUBPOENAS TO TAKE DEPOSITIONS IN THE TRIAL OF THE ARTICLES OF IMPEACHMENT AGAINST WILLIAM JEFFERSON CLINTON, PRESIDENT OF THE UNITED STATES

    Sec. 201. That, pursuant to Rules V and VI of the Rules of Procedure and Practice in the Senate When Sitting on Impeachment Trials, and Senate Resolution 16, One Hundred Sixth Congress, First Session, the Chief Justice of the United States, through the Secretary of the Senate, shall issue subpoenas for the taking of testimony on oral deposition to the following witnesses: Sidney Blumenthal, Monica S. Lewinsky, and Vernon E. Jordon, Jr.

    Sec. 202. The Sergeant at Arms is authorized to utilize the services of the Deputy Sergeant at Arms or any other employee of the United States Senate in serving the subpoenas authorized to be issued by this resolution.

    Sec. 203. Depositions authorized by this resolution shall be taken before, and presided over by, on behalf of the Senate, two Senators appointed by the Majority Leader and the Democratic Leader, acting jointly, one of whom shall administer to witnesses the oath prescribed by Rule XXV of the Rules of Procedure and Practice in the Senate When Sitting on Impeachment Trials. Acting jointly, the presiding officers shall have authority to rule, as an initial matter, upon any question arising out of the deposition. All objections to a question shall be noted by the presiding officers upon the record of the deposition but the examination shall proceed, and the witness shall answer such question. A witness may refuse to answer a question only when necessary to preserve a legally-recognized privilege, or constitutional right, and must identify such privilege cited if refusing to answer a question.

    Sec. 204. Examination of witnesses at depositions shall be conducted by the Managers on the part of the House or their counsel, and by counsel for the President. Witnesses shall be examined by no more than two persons each on behalf of the Managers and counsel for the President. Witnesses may be accompanied by counsel. The scope of the examination by the Managers and counsel for both parties shall be limited to the subject matters reflected in the Senate record. The party taking a deposition shall present to the other party, at least 18 hours in advance of the deposition, copies of all exhibits which the deposing party intends to enter into the deposition. No exhibits outside of the Senate record shall be employed, except for articles and materials in the press, including electronic media. Any party may interrogate any witness as if that witness were declared adverse.

    Sec. 205. The depositions shall be videotaped and a transcript of the proceedings shall be made. The depositions shall be conducted in private. No person shall be admitted to any deposition except for the following: The witness, counsel for the witness, the Managers on the part of the House, counsel for the Managers, counsel for the President, and the presiding officers; further, such persons whose presence is required to make and preserve a record of the proceedings in videotaped and transcript forms, and Senate staff members whose presence is required to assist the presiding officers in presiding over the depositions, or for other purposes, as determined by the Majority Leader and the Democratic Leader. All present must maintain the confidentiality of the proceedings.

    Sec. 206. The presiding officers at the depositions shall file the videotaped and transcribed records of the depositions with the Secretary of the Senate, who shall maintain them as confidential proceedings of the Senate. The Sergeant at Arms is authorized to make available for review at secure locations, any of the videotaped or transcribed deposition records to Members of the Senate, one designated staff member per Senator, and the Chief Justice. The Senate may direct the Secretary of the Senate to distribute such materials, and to use whichever means of dissemination, including printing as Senate documents, printing in the Congressional Record, photo- and video-duplication, and electronic dissemination, he determines to be appropriate to accomplish any distribution of the videotaped or transcribed deposition records that he is directed to make pursuant to this section.

    Sec. 207. The depositions authorized by this resolution shall be deemed to be proceedings before the Senate for purposes of Rule XXIX of the Standing Rules of the Senate, Senate Resolution 259, One Hundredth Congress, First Session, sections 191, 192, 194, 288b, 288d, 288f of title 2, United States Code, sections 6002, 6005 of title 18, United States Code, and section 1365 of title 28, United States Code. The Secretary shall arrange for stenographic assistance, including videotaping, to record the depositions as provided in section 205. Such expenses as may be necessary shall be paid from the Appropriation Account--Miscellaneous Items in the contingent fund of the Senate upon vouchers approved by the Secretary.

    Sec. 208. The Majority and Minority Leaders, acting jointly, may make other provisions for the orderly and fair conduct of these depositions as they seem appropriate.

    Sec. 209. The Secretary shall notify the Managers on the part of the House, and counsel for the President, of this resolution.

    UNANIMOUS-CONSENT AGREEMENT

    Mr. LOTT. Mr. chief Justice, I ask unanimous consent that the unanimous consent agreement I send to the desk be agreed to. This all deals with the taking of depositions.

    The CHIEF JUSTICE. Without objection, it is so ordered. The text of the unanimous consent agreement reads as follows: I ask unanimous consent that the time and place to take depositions in the trial of the articles of impeachment against William Jefferson Clinton be decided jointly by the majority leader, and the Democratic leader, and shall be set forth in each subpoena. I further ask unanimous consent that the opportunity for taking depositions of Monica Lewinsky, Vernon Jordan and Sidney Blumenthal expires when the Senate convenes on Thursday, Feb. 4, 1999. Finally I ask unanimous consent that each deposition may last no more than 8 hours, unless the majority leader, and the Democratic leader determine on a deposition-by-deposition basis, to extend the time of the deposition, and all the time allotted for examination shall be divided equally between the parties, and time consumed by objections shall not be charged to either objecting party.

    Mr. LOTT. Now, I understand, Mr. Chief Justice, that the Democratic leader is prepared to agree that the depositions will begin on Monday, February 1, and with this having been decided, and the vote we just took, we have discussed the schedule for the remainder of the week. In view of the fact that at this point the parties will begin to prepare for depositions and the depositions will begin on Monday, Members will not be expected to be here for any business before Wednesday, but we could be required to have a session Wednesday afternoon. I want to emphasize that as the deposition material becomes available, we will have the Sergeant at Arms have it in a room for Members to begin to review. So beginning Tuesday, Senators who would like to begin reviewing the depositions, the material in the depositions, it will be available in installments as it becomes available on Tuesday. So you would have that opportunity Tuesday and Wednesday. Not later than Thursday, then, we would go to the next phase of our agreement that we have voted on. At this time, we are notifying the Members that there will be no further recorded votes and no further business while we await returning of the depositions through Friday, Saturday, Sunday, Monday, and Tuesday, but Members should expect to be here on Wednesday and they would need to be here on Wednesday, in order to begin to make sure they have had time to review the documents, the deposition material, so that we can proceed, then, on Thursday.

    Mr. HARKIN. Will the Senator yield?

    Mr. LOTT. I yield.

    Mr. HARKIN. Are Senators allowed to attend these depositions or not?

    Mr. LOTT. Under the agreement we just passed, Mr. Chief Justice, if I may proceed and respond to that question.

    The CHIEF JUSTICE. Without objection.

    Mr. LOTT. There will be a Senator from each side at the depositions who will preside over the depositions. Senator Daschle and I also will have certain staff there, but a Senator other than the two presiding Senators would not be in order to what we agreed to. There will be one from each side who will be presiding and will actually make determinations when objections are made.

    ADJOURNMENT

    Mr. LOTT. I now ask unanimous consent that the Court of Impeachment stand in adjournment until the hour of 1 p.m. on Thursday, February 4. The motion was agreed to; and at 6:34 p.m. the Senate, sitting as a Court of Impeachment, adjourned until Thursday, February 4, 1999, at 1 p.m.

       


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