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THE IMPEACHMENT TRIAL
Feb. 4: Votes on Motions for Witnesses

  • More Transcripts From the Trial

  • From the Congressional Record
    Thursday, February 4, 1999

    The CHIEF JUSTICE. This is the motion to debate and divide the third motion.

    Mr. DASCHLE. That's correct.

    Mr. LOTT. We would vote on the first paragraph, the second paragraph, and then there would be a motion at that point by Senator Murray and a vote on that, and a vote then on the third division, and then a vote on the articles of impeachment itself.

    VOTE ON DIVISION I

    The CHIEF JUSTICE. The question is on division I. The clerk will read Division I.

    The legislative clerk read as follows:

    The House moves that the transcriptions and videotapes of the oral depositions taken pursuant to Senate resolution 30 from the point that each witness is sworn to testify under oath to the end of any direct response to the last question posed by a party be admitted into evidence.

    The CHIEF JUSTICE. The yeas and nays are required.

    The clerk will call the roll.

    The legislative clerk called the roll.

    The yeas and nays resulted--yeas 100, nays 0, as follows:

    Rollcall Vote No. 9

    [Rollcall Vote No. 9]

    Subject: Division I of House managers motion regarding admission of evidence

    [SUBJECT: DIVISION I OF HOUSE MANAGERS MOTION REGARDING ADMISSION OF EVIDENCE]

    YEAS--100

    • Abraham
    • Akaka
    • Allard
    • Ashcroft
    • Baucus
    • Bayh
    • Bennett
    • Biden
    • Bingaman
    • Bond
    • Boxer
    • Breaux
    • Brownback
    • Bryan
    • Bunning
    • Burns
    • Byrd
    • Campbell
    • Chafee
    • Cleland
    • Cochran
    • Collins
    • Conrad
    • Coverdell
    • Craig
    • Crapo
    • Daschle
    • DeWine
    • Dodd
    • Domenici
    • Dorgan
    • Durbin
    • Edwards
    • Enzi
    • Feingold
    • Feinstein
    • Fitzgerald
    • Frist
    • Gorton
    • Graham
    • Gramm
    • Grams
    • Grassley
    • Gregg
    • Hagel
    • Harkin
    • Hatch
    • Helms
    • Hollings
    • Hutchinson
    • Hutchison
    • Inhofe
    • Inouye
    • Jeffords
    • Johnson
    • Kennedy
    • Kerrey
    • Kerry
    • Kohl
    • Kyl
    • Landrieu
    • Lautenberg
    • Leahy
    • Levin
    • Lieberman
    • Lincoln
    • Lott
    • Lugar
    • Mack
    • McCain
    • McConnell
    • Mikulski
    • Moynihan
    • Murkowski
    • Murray
    • Nickles
    • Reed
    • Reid
    • Robb
    • Roberts
    • Rockefeller
    • Roth
    • Santorum
    • Sarbanes
    • Schumer
    • Sessions
    • Shelby
    • Smith (NH)
    • Smith (OR)
    • Snowe
    • Specter
    • Stevens
    • Thomas
    • Thompson
    • Thurmond
    • Torricelli
    • Voinovich
    • Warner
    • Wellstone
    • Wyden

    The CHIEF JUSTICE. On this vote, the yeas are 100, the nays are 0. Division I of the motion is agreed to.

    VOTE ON DIVISION II

    The CHIEF JUSTICE. The next vote will be on Division II of the motion. The clerk will read Division II of the motion.

    The assistant legislative clerk read as follows:

    Division II: The House further moves that the Senate authorize and issue a subpoena for the appearance of Monica S. Lewinsky before the Senate for a period of time not to exceed eight hours, and in connection with the examination of that witness, the House requests that either party be able to examine the witness as if the witness were declared adverse, that counsel for the President and counsel for the House Managers be able to participate in the examination of that witness, and that the House be entitled to reserve a portion of its examination time to reexamine the witness following any examination by the President.

    The CHIEF JUSTICE. The yeas and nays are automatic. The clerk will call the roll.

    The assistant legislative clerk called the roll.

    The yeas and nays resulted--yeas 30, nays 70, as follow:

    Rollcall Vote No. 10

    [Rollcall Vote No. 10]

    Subject: Division II of House managers motion regarding appearance of witnesses

    [SUBJECT: DIVISION II OF HOUSE MANAGERS MOTION REGARDING APPEARANCE OF WITNESSES]

    YEAS--30

    • Abraham
    • Ashcroft
    • Bond
    • Bunning
    • Burns
    • Cochran
    • Craig
    • Crapo
    • DeWine
    • Fitzgerald
    • Frist
    • Gramm
    • Grams
    • Hagel
    • Hatch
    • Helms
    • Hutchinson
    • Inhofe
    • Kyl
    • Lott
    • Lugar
    • Mack
    • McCain
    • McConnell
    • Murkowski
    • Nickles
    • Santorum
    • Smith (NH)
    • Specter
    • Thompson

    NAYS--70

    • Akaka
    • Allard
    • Baucus
    • Bayh
    • Bennett
    • Biden
    • Bingaman
    • Boxer
    • Breaux
    • Brownback
    • Bryan
    • Byrd
    • Campbell
    • Chafee
    • Cleland
    • Collins
    • Conrad
    • Coverdell
    • Daschle
    • Dodd
    • Domenici
    • Dorgan
    • Durbin
    • Edwards
    • Enzi
    • Feingold
    • Feinstein
    • Gorton
    • Graham
    • Grassley
    • Gregg
    • Harkin
    • Hollings
    • Hutchison
    • Inouye
    • Jeffords
    • Johnson
    • Kennedy
    • Kerrey
    • Kerry
    • Kohl
    • Landrieu
    • Lautenberg
    • Leahy
    • Levin
    • Lieberman
    • Lincoln
    • Mikulski
    • Moynihan
    • Murray
    • Reed
    • Reid
    • Robb
    • Roberts
    • Rockefeller
    • Roth
    • Sarbanes
    • Schumer
    • Sessions
    • Shelby
    • Smith (OR)
    • Snowe
    • Stevens
    • Thomas
    • Thurmond
    • Torricelli
    • Voinovich
    • Warner
    • Wellstone
    • Wyden

    The CHIEF JUSTICE. The Senate will be in order.

    On this vote, the yeas are 30, the nays are 70. Division II of the motion is not agreed to.

    The Chair recognizes the Senator from Washington, Mrs. Murray.

    MURRAY SUBSTITUTE FOR DIVISION III

    Mrs. MURRAY. Mr. Chief Justice, I send a substitute for division III to the desk.

    The CHIEF JUSTICE. The clerk will report.

    The legislative clerk read as follows:

    The Senator from Washington, Mrs. Murray, moves that the following shall be substituted for division III:

    I move that the parties be permitted to present before the Senate, for a period of time not to exceed a total of six hours, equally divided, all or portions of the parts of the written transcriptions of the depositions of Monica S. Lewinsky, Vernon E. Jordan, Jr., and Sidney Blumenthal.

    The CHIEF JUSTICE. Very well.

    The Parliamentarian advises me that there are 2 hours of argument on this motion. Who is the proponent?

    Mr. DASCHLE. Mr. Chief Justice, I ask unanimous consent that the time be yielded back.

    The CHIEF JUSTICE. Without objection, it is so ordered.

    I think the clerk should read division III, having read the proposed substitute.

    The legislative clerk read as follows:

    The House further moves that the parties be permitted to present before the Senate, for a period of time not to exceed a total of six hours, equally divided, all or portions of the parts of the videotapes of the oral depositions of Monica S. Lewinsky, Vernon E. Jordan, Jr., and Sidney Blumenthal admitted into evidence, and that the House be entitled to reserve a portion of its presentation time.

    The CHIEF JUSTICE. Now the clerk will read the substitute again.

    The legislative clerk read as follows:

    I move that the parties be permitted to present before the Senate for a period of time not to exceed a total of six hours, equally divided, all or portions of the parts of the written transcriptions of the depositions of Monica S. Lewinsky, Vernon E. Jordan, Jr., and Sidney Blumenthal.

    The CHIEF JUSTICE. The yeas and nays are automatic. The question is on the substitute. The clerk will call the roll.

    The legislative clerk called the roll.

    The yeas and nays resulted--yeas 27, nays 73, as follows:

    Rollcall Vote No. 11

    [Rollcall Vote No. 11]

    Subject: Murray motion to substitute division III of the House motion

    [SUBJECT: MURRAY MOTION TO SUBSTITUTE DIVISION III OF THE HOUSE MOTION]

    YEAS--27

    • Akaka
    • Biden
    • Bingaman
    • Boxer
    • Campbell
    • Conrad
    • Daschle
    • Dodd
    • Dorgan
    • Harkin
    • Inouye
    • Johnson
    • Kennedy
    • Kerrey
    • Landrieu
    • Lautenberg
    • Levin
    • Lincoln
    • Mikulski
    • Murray
    • Reed
    • Reid
    • Robb
    • Rockefeller
    • Sarbanes
    • Snowe
    • Torricelli

    NAYS--73

    • Abraham
    • Allard
    • Ashcroft
    • Baucus
    • Bayh
    • Bennett
    • Bond
    • Breaux
    • Brownback
    • Bryan
    • Bunning
    • Burns
    • Byrd
    • Chafee
    • Cleland
    • Cochran
    • Collins
    • Coverdell
    • Craig
    • Crapo
    • DeWine
    • Domenici
    • Durbin
    • Edwards
    • Enzi
    • Feingold
    • Feinstein
    • Fitzgerald
    • Frist
    • Gorton
    • Graham
    • Gramm
    • Grams
    • Grassley
    • Gregg
    • Hagel
    • Hatch
    • Helms
    • Hollings
    • Hutchinson
    • Hutchison
    • Inhofe
    • Jeffords
    • Kerry
    • Kohl
    • Kyl
    • Leahy
    • Lieberman
    • Lott
    • Lugar
    • Mack
    • McCain
    • McConnell
    • Moynihan
    • Murkowski
    • Nickles
    • Roberts
    • Roth
    • Santorum
    • Schumer
    • Sessions
    • Shelby
    • Smith (NH)
    • Smith (OR)
    • Specter
    • Stevens
    • Thomas
    • Thompson
    • Thurmond
    • Voinovich
    • Warner
    • Wellstone
    • Wyden

    The CHIEF JUSTICE. On this vote the yeas are 27, the nays are 73, and the motion is not agreed to.

    VOTE ON DIVISION III

    The CHIEF JUSTICE. The vote is now on the division III of the motion. The clerk will read division III.

    The assistant legislative clerk read as follows:

    Division III. The House further moves that the parties be permitted to present before the Senate, for a period of time not to exceed a total of six hours, equally divided, all or portions of the parts of the videotapes of the oral depositions of Monica S. Lewinsky, Vernon E. Jordan, Jr., and Sidney Blumenthal admitted into evidence, and that the House be entitled to reserve a portion of its presentation time.

    The CHIEF JUSTICE. The yeas and nays are automatic. The clerk will call the roll.

    The assistant legislative clerk called the roll.

    The yeas and nays resulted--yeas 62, nays 38, as follows:

    Rollcall Vote No. 12

    [Rollcall Vote No. 12]

    Subject: Division III of the House managers motion regarding presentation of evidence

    [SUBJECT: DIVISION III OF THE HOUSE MANAGERS MOTION REGARDING PRESENTATION OF EVIDENCE]

    YEAS--62

    • Abraham
    • Allard
    • Ashcroft
    • Bennett
    • Bond
    • Breaux
    • Brownback
    • Bryan
    • Bunning
    • Burns
    • Byrd
    • Campbell
    • Chafee
    • Cochran
    • Collins
    • Coverdell
    • Craig
    • Crapo
    • DeWine
    • Domenici
    • Enzi
    • Feingold
    • Fitzgerald
    • Frist
    • Gorton
    • Gramm
    • Grams
    • Grassley
    • Gregg
    • Hagel
    • Hatch
    • Helms
    • Hollings
    • Hutchinson
    • Hutchison
    • Inhofe
    • Kyl
    • Lieberman
    • Lott
    • Lugar
    • Mack
    • McCain
    • McConnell
    • Moynihan
    • Murkowski
    • Nickles
    • Roberts
    • Roth
    • Santorum
    • Sessions
    • Shelby
    • Smith (NH)
    • Smith (OR)
    • Specter
    • Stevens
    • Thomas
    • Thompson
    • Thurmond
    • Voinovich
    • Warner
    • Wellstone
    • Wyden

    NAYS--38

    • Akaka
    • Baucus
    • Bayh
    • Biden
    • Bingaman
    • Boxer
    • Cleland
    • Conrad
    • Daschle
    • Dodd
    • Dorgan
    • Durbin
    • Edwards
    • Feinstein
    • Graham
    • Harkin
    • Inouye
    • Jeffords
    • Johnson
    • Kennedy
    • Kerrey
    • Kerry
    • Kohl
    • Landrieu
    • Lautenberg
    • Leahy
    • Levin
    • Lincoln
    • Mikulski
    • Murray
    • Reed
    • Reid
    • Robb
    • Rockefeller
    • Sarbanes
    • Schumer
    • Snowe
    • Torricelli

    The CHIEF JUSTICE. On this vote, the yeas are 62, the nays are 38. Division III of the motion is agreed to.

    The CHIEF JUSTICE. The Chair recognizes the minority leader.

    MOTION TO PROCEED TO CLOSING ARGUMENTS

    Mr. DASCHLE. I send a motion to the desk.

    The CHIEF JUSTICE. The clerk will report the motion.

    The legislative clerk read as follows:

    The Senator from South Dakota [Mr. Daschle] moves that the Senate now proceed to closing arguments; that there be 2 hours for the White House Counsel followed by 2 hours for the House Managers; and that at the conclusion of this time the Senate proceed to vote, on each of the articles, without intervening action, motion or debate, except for deliberations, if so decided by the Senate.

    The CHIEF JUSTICE. The minority leader.

    Mr. DASCHLE. I ask unanimous consent that all time be yielded back.

    The CHIEF JUSTICE. In the absence of objection, it is so ordered. The yeas and nays are automatic. The clerk will call the roll.

    The legislative clerk called the roll.

    The yeas and nays resulted--yeas 44, nays 56, as follows:

    Rollcall Vote No. 13

    [Rollcall Vote No. 13]

    Subject: Daschle motion to proceed to closing arguments

    [SUBJECT: DASCHLE MOTION TO PROCEED TO CLOSING ARGUMENTS]

    YEAS--44

    • Akaka
    • Baucus
    • Bayh
    • Biden
    • Bingaman
    • Boxer
    • Breaux
    • Bryan
    • Byrd
    • Cleland
    • Conrad
    • Daschle
    • Dodd
    • Dorgan
    • Durbin
    • Edwards
    • Feinstein
    • Graham
    • Harkin
    • Hollings
    • Inouye
    • Johnson
    • Kennedy
    • Kerrey
    • Kerry
    • Kohl
    • Landrieu
    • Lautenberg
    • Leahy
    • Levin
    • Lieberman
    • Lincoln
    • Mikulski
    • Moynihan
    • Murray
    • Reed
    • Reid
    • Robb
    • Rockefeller
    • Sarbanes
    • Schumer
    • Torricelli
    • Wellstone
    • Wyden

    NAYS--56

    • Abraham
    • Allard
    • Ashcroft
    • Bennett
    • Bond
    • Brownback
    • Bunning
    • Burns
    • Campbell
    • Chafee
    • Cochran
    • Collins
    • Coverdell
    • Craig
    • Crapo
    • DeWine
    • Domenici
    • Enzi
    • Feingold
    • Fitzgerald
    • Frist
    • Gorton
    • Gramm
    • Grams
    • Grassley
    • Gregg
    • Hagel
    • Hatch
    • Helms
    • Hutchinson
    • Hutchison
    • Inhofe
    • Jeffords
    • Kyl
    • Lott
    • Lugar
    • Mack
    • McCain
    • McConnell
    • Murkowski
    • Nickles
    • Roberts
    • Roth
    • Santorum
    • Sessions
    • Shelby
    • Smith (NH)
    • Smith (OR)
    • Snowe
    • Specter
    • Stevens
    • Thomas
    • Thompson
    • Thurmond
    • Voinovich
    • Warner

    The CHIEF JUSTICE. On this vote the yeas are 44, the nays are 56, and the motion is not agreed to.

    The Chair recognizes the majority leader.

    Mr. LOTT. Mr. Chief Justice, I believe that was the last of the motions that had been offered.

    I am ready to go to the closing script unless there is some other motion pending or to be offered.

    Mr. Counsel RUFF. May I ask, Mr. Chief Justice, for indulgence for just a couple minutes to consult with my colleagues?

    Mr. LOTT. Mr. Chief Justice, I suggest the absence of a quorum.

    The CHIEF JUSTICE. The clerk will call the roll.

    The assistant legislative clerk proceeded to call the roll.

    Mr. LOTT. Mr. Chief Justice, I ask unanimous consent that the order for the quorum call be rescinded.

    The CHIEF JUSTICE. Without objection, it is so ordered.

    Mr. LOTT. Mr. Chief Justice, I believe that it is in order for White House counsel to offer a motion at this point. If they wish to do so, then I believe they could, then we would vote on that motion.

    The CHIEF JUSTICE. The Chair recognizes Mr. White House Counsel Ruff.

    Mr. Counsel RUFF. Thank you, Mr. Chief Justice.

    MOTION TO PROVIDE WRITTEN NOTICE TO COUNSEL

    Mr. Counsel RUFF. Mr. Majority Leader, I want to hand up to the desk a brief motion dealing with the presentation of videotape evidence on Saturday pursuant to the motion that has just been voted on by the Senate. If I may, I hand it up to the clerk.

    The CHIEF JUSTICE. The clerk will read the motion.

    The legislative clerk read as follows:

    Mr. Ruff moves that no later than 2:00 P.M. on Friday, February 5, 1999, the Managers shall provide written notice to counsel for the President indicating the precise page and line designations of any video excerpts from the depositions of Monica Lewinsky, Vernon Jordan or Sidney Blumenthal that they plan to use during their three-hour presentation on Saturday, or during their closing argument.

    The CHIEF JUSTICE. There are 2 hours equally divided on the motion.

    Mr. Counsel RUFF. Mr. Chief Justice, we won't use but a small percentage of that. I will turn the matter over, if I may, to my colleague, Mr. Kendall.

    The CHIEF JUSTICE. The Chair recognizes Mr. Counsel Kendall.

    Mr. Counsel KENDALL. Thank you, Mr. Chief Justice.

    Ladies and gentlemen of the Senate, House managers, I will be brief. This is simply a procedural motion which I think will make for a fairer hearing and a more efficient use of the Senate's time on Saturday.

    Fascinating though these depositions are, I don't think there is any need to inflict them on you repeatedly. What we are asking in this motion is simply a procedure that would be normal in a civil trial, and that is by a fair time tomorrow for the House managers to designate the portions of the three depositions that they intend to use. That will allow us not to repeat those portions, and it will give us some fair chance to organize our responsive presentation.

    The burden is on the House managers. I think this is not an extensive set of transcripts. I think it can be easily done. You have all, many of you, watched the depositions this week, read the transcripts. So I think if we can simply have this designation by 2 o'clock tomorrow, it will enable Saturday, perhaps, to be a shorter proceeding.

    The CHIEF JUSTICE. Counsel for House managers? The Chair recognizes Mr. Manager Rogan.

    Mr. Manager ROGAN. Mr. Chief Justice, thank you.

    I will imitate my colleague at the bar Mr. Kendall's brevity, if not his eloquence.

    I simply suggest this is somewhat a unique opportunity that counsel is inviting the House managers to engage in, to give counsel notice of page and line of transcripts for the presentation of evidence that we are going to make. It is our prerogative to put on our evidence; it is White House counsel's opportunity to put on their evidence. Asking us to choreograph that for them and with them is something that I am unfamiliar with, except for one time.

    I remember during my days as a judge in California that a similar request was made for me, and a law clerk pointed out to me language from one of the late great justices of the California Supreme Court, Otto Kaus. Apparently, a similar request was made to Justice Kaus to do the same thing in a case, and Justice Kaus looked at the lawyer making the request and he said, `I believe the appropriate legal response to your request is that it is none of your damn business what the other side is going to put on.'

    With that, Mr. Chief Justice, we will yield back the balance of our time.

    The CHIEF JUSTICE. Mr. Kendall.

    Mr. Counsel KENDALL. That philosophy might want to be emulated at some point by the drafters of the Federal Civil Rules, but it is not. In every Federal civil trial, this procedure is followed, the designation, the identifying, and designating of deposition excerpts.

    Again, I think it will make for a fairer and more efficient proceeding. I don't think trial by surprise has a place here.

    The CHIEF JUSTICE. The vote is on the motion.

    The clerk will read the motion.

    The legislative clerk read as follows:

    Mr. Ruff moves that no later than 2:00 P.M. on Friday, February 5, 1999, the Managers shall provide written notice to counsel for the President indicating the precise page and line designations of any video excerpts from the depositions of Monica Lewinsky, Vernon Jordan or Sidney Blumenthal that they plan to use during their three-hour presentation on Saturday, or during their closing argument.

    Mr. BYRD. Mr. Chief Justice, may we have order.

    The CHIEF JUSTICE. I fully agree with the Senator.

    Mr. BYRD. Would the clerk read that again.

    The CHIEF JUSTICE. Let the Senate remain in order and let the clerk read the motion again.

    The legislative clerk read as follows:

    Mr. Ruff moves that no later than 2:00 P.M. on Friday, February 5, 1999, the Managers shall provide written notice to counsel for the President indicating the precise page and line designations of any video excerpts from the depositions of Monica Lewinsky, Vernon Jordan or Sidney Blumenthal that they plan to use during their three-hour presentation on Saturday, or during their closing argument.

    The CHIEF JUSTICE. The yeas and nays are automatic. The clerk will call the roll.

    The assistant legislative clerk called the roll.

    (Disturbance in the Visitors' Galleries.)

    The CHIEF JUSTICE. The Sergeant at Arms will restore order to the gallery.

    The assistant legislative clerk continued with the call of the roll.

    The yeas and nays resulted--yeas 46, nays 54, as follows:

    Rollcall Vote No. 14

    [Rollcall Vote No. 14]

    Subject: White House Counsels' motion

    [SUBJECT: WHITE HOUSE COUNSELS' MOTION]

    YEAS--46

    • Akaka
    • Baucus
    • Bayh
    • Biden
    • Bingaman
    • Boxer
    • Breaux
    • Bryan
    • Byrd
    • Cleland
    • Conrad
    • Daschle
    • Dodd
    • Dorgan
    • Durbin
    • Edwards
    • Feingold
    • Feinstein
    • Graham
    • Harkin
    • Hollings
    • Inouye
    • Jeffords
    • Johnson
    • Kennedy
    • Kerrey
    • Kerry
    • Kohl
    • Landrieu
    • Lautenberg
    • Leahy
    • Levin
    • Lieberman
    • Lincoln
    • Mikulski
    • Moynihan
    • Murray
    • Reed
    • Reid
    • Robb
    • Rockefeller
    • Sarbanes
    • Schumer
    • Torricelli
    • Wellstone
    • Wyden

    NAYS--54

    • Abraham
    • Allard
    • Ashcroft
    • Bennett
    • Bond
    • Brownback
    • Bunning
    • Burns
    • Campbell
    • Chafee
    • Cochran
    • Collins
    • Coverdell
    • Craig
    • Crapo
    • DeWine
    • Domenici
    • Enzi
    • Fitzgerald
    • Frist
    • Gorton
    • Gramm
    • Grams
    • Grassley
    • Gregg
    • Hagel
    • Hatch
    • Helms
    • Hutchinson
    • Hutchison
    • Inhofe
    • Kyl
    • Lott
    • Lugar
    • Mack
    • McCain
    • McConnell
    • Murkowski
    • Nickles
    • Roberts
    • Roth
    • Santorum
    • Sessions
    • Shelby
    • Smith (NH)
    • Smith (OR)
    • Snowe
    • Specter
    • Stevens
    • Thomas
    • Thompson
    • Thurmond
    • Voinovich
    • Warner

    The CHIEF JUSTICE. On this vote, the yeas are 46, the nays are 54. The motion is rejected.

       


    Copyright © 1999 The Washington Post Company

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