THE IMPEACHMENT TRIAL
Jan. 28: Opening Business and Resolutions
From the Congressional Record
The Chaplain, Dr. Lloyd John Ogilvie, offered the following prayer: Almighty God, thank You for the gift of vibrant confidence based on vital convictions. We are confident in Your unlimited power. Therefore, at no time are we helpless or hapless. Our confidence is rooted in Your Commandments. Therefore, we are strengthened by Your absolutes that give us enduring values. Our courage is based on the assurance of Your ever-present, guiding Spirit. Therefore, we will not fear. Our hope is rooted in trust in Your reliability. Therefore, we will not be anxious. Your interventions in trying times in the past have made us hopeful thinkers for the future. Therefore, we trust You. You have called us to glorify You in the work here in this Senate. Therefore, we give You our best for this day's responsibilities. You have guided our beloved Nation through difficult periods of discord and division in the past. Therefore, we ask for Your help in the present deliberations of the impeachment trial. Thank You for the courage that flows from our unshakable confidence in You. Through our Lord and Savior. Amen.
The CHIEF JUSTICE. Senators will be seated. The Sergeant at Arms will make the proclamation. The Sergeant at Arms, James W. Ziglar, made proclamation as follows: Hear ye! Hear ye! Hear ye! All persons are commanded to keep silent, on pain of imprisonment, while the Senate of the United States is sitting for the trial of the articles of impeachment exhibited by the House of Representatives against William Jefferson Clinton, President of the United States.
The CHIEF JUSTICE. If there is no objection, the Journal of proceedings of the trial are approved to date. The Chair recognizes the majority leader.
ORDER OF PROCEDURE
Mr. LOTT. For the information of all of our colleagues--obviously, they have already received the word by the fact that they are not all present--but we are still attempting to reach an agreement with respect to the remaining procedures for the trial, particularly with regard to how and when the depositions will be taken. We have been making progress, but it is something we need to be careful about. Hopefully, we will be able to reach an agreement yet today. If agreement is reached, I expect it very likely that a rollcall vote would be requested on that agreement and, therefore, all Members should be aware of that. We will notify them via the hotline system as the voting schedule becomes clear. Certainly we will keep the Chief Justice informed of our deliberations and when we anticipate the need to reconvene. RECESS
Mr. LOTT. But in view of the continuing negotiations and conferences that are meeting at this time, I ask unanimous consent the Senate stand in recess until the hour of 2 p.m. today. There being no objection, at 1:07 p.m., the Senate recessed until 2:02 p.m.; whereupon, the Senate reassembled when called to order by the Chief Justice.
The CHIEF JUSTICE. The Chair recognizes the majority leader.
Mr. LOTT. Thank you, again, Mr. Chief Justice.
ORDER OF PROCEDURE
Mr. LOTT. Mr. Chief Justice, in an effort to get an agreement on how to proceed, it is very important that all parties are aware of the procedures that we are outlining and that those include Senators on both sides of the aisle, the House managers, the White House, the attorneys for the witnesses. So it does take time. Just as we were prepared to come in at 2 and move to a resolution, questions were raised about a couple specific points. We feel like those questions need to be clarified for certainty. Rather than continue to recess hour to hour, which I know is not fair to the Chief Justice, I think it would be better at this point to make sure Senators are aware that we are working to get an agreement on this procedure, and we need to get that done today so the depositions can get underway with the attorneys consulting with their clients Friday and Saturday, and hopefully, the depositions will begin on Sunday and Monday, and hopefully, completed by Tuesday. But we are working on the details of that. This still could very well require a vote or two today or even tomorrow. But we will make that announcement once it is clear that it is going to take a recorded vote of one or more and exactly how that would work. So, we will keep the Chief Justice notified of the expected timeframe, and as information becomes available as to exactly when we will come back into session, and whether or not or how many votes will be required. We will get that information to Senators.
RECESS SUBJECT TO THE CALL OF THE CHAIR
Mr. LOTT. In view of all that, I ask unanimous consent that the Senate stand in recess subject to the call of the Chair. There being no objection, at 2:03 p.m., the Senate recessed subject to the call of the Chair. The Senate reassembled at 5:31 p.m., when called to order by the Chief Justice. The CHIEF JUSTICE. The majority leader is recognized.
Mr. LOTT. Thank you, Mr. Chief Justice. I thought we were ready to proceed. I see Senator Daschle is not on the floor. He should be back momentarily. Maybe I can explain a few details. He is returning now. We may still need a little more time. We thank you for your patience, and our colleagues on both sides for their patience, as we have tried to work through the details of these resolutions and how to proceed with the depositions. There are a lot of details to it and everybody needs to be relatively comfortable they understand how that will work. That is why it has taken this additional time. I think we are to the point where we are ready to proceed. I believe the way it will proceed is that we will have a resolution that I will send to the desk, followed by a substitute from Senator Daschle. Then Senator Daschle has indicated that they may want to have a motion to go straight to the articles of impeachment. That would require three votes. Then we also, at that point, would make it clear the depositions would begin on Monday, the 1st. It is our intent to then go to those three votes. I also understand that both sides are willing to waive--the parties--willing to waive the debate time on these issues. With that explanation, I begin that process.
RELATING TO THE PROCEDURES CONCERNING THE ARTICLES OF IMPEACHMENT AGAINST WILLIAM JEFFERSON CLINTON
Mr. LOTT. I send a resolution to the desk and ask that it be read in its entirety by the clerk, and time for the two parties be waived.
The CHIEF JUSTICE. The clerk will read the resolution in its entirety.
Mr. LOTT. I believe there was a request for unanimous consent.
The CHIEF JUSTICE. Without objection, the request is agreed to. The legislative clerk read as follows: A resolution (S. Res. 30) relative to the procedures concerning the Articles of Impeachment against William Jefferson Clinton. 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 video tape 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 re-opening 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 any pending motions and amendments thereto and then on the articles of impeachment no later than 12:00 noon on Friday, February 12, 1999.
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 S. Res. 16, 106th Congress, 1st 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. Jordan, 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, 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 record during 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 employees of the Senate whose presence is required to assist the presiding officers in presiding over the depositions, or for other purposes, as determined after consultation by the Majority Leader with 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 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, 100th Congress, 1st Session, 2 U.S.C. 191, 192, 194, 288b, 288d, 288f, 18 U.S.C. Sec. 6002, 6005, and 28 U.S.C. 1365. The Secretary shall arrange for stenographic assistance, including videotaping, to record the depositions as provided in section 5. 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 Secretary shall notify the Managers on the part of the House, and counsel for the President, of this resolution.
The CHIEF JUSTICE. The Chair recognizes the minority leader.
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