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THE IMPEACHMENT TRIAL
Feb. 12: Final Votes

  • More Transcripts From the Trial

  • From the Congressional Record
    Friday, February 12, 1999

    The Chaplain, Dr. Lloyd John Ogilvie, offered the following prayer:

    Gracious God, whose love for this Nation has been displayed so magnificently through our history, we praise You that Your presence fills this historic Chamber and enters into the minds of the Senators gathered here. Each of them is here by Your divine appointment. Together they claim Your promise, `Call upon Me in the day of trouble: I will deliver you.'--Ps.50:15. We call upon You on this day of trouble in America as this impeachment trial comes to a close. You have enabled an honest, open debate of alternative solutions. Soon a vote will be taken. You have established a spirit of unity in the midst of differences. Most important of all, we know that we can trust You with the results. You can use what is decided and continue to accomplish Your plans for America. We entrust to Your care the President and his family. Use whatever is decided today to enable a deeper experience of Your grace in his life and healing in his family. We commit this day to You and thank You for the hope that fills our hearts as we place our complete trust in You. You are our Lord and Saviour. Amen.

    The CHIEF JUSTICE. 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 JOURNAL

    The CHIEF JUSTICE. If there is no objection, the Journal of proceedings of the trial are approved to date.

    The majority leader is recognized.

    Mr. LOTT. Thank you, Mr. Chief Justice.

    ORDER OF PROCEDURE

    Mr. LOTT. For the information of all Senators, later on today, the Secretary of the Senate will be putting at each Senator's desk something I think you will enjoy reading later. It is the prayers of the Chaplain during the impeachment trial. Subsequently, we plan to put it in a small pamphlet, because they truly have been magnificent. We thought you each would like to have copies.

    The Senate will resume final deliberations now in the closed session. Thank goodness. At this point in the proceedings, there are approximately eight Members who still wish to speak or submit part of their speech into the Record.

    Following those final speeches, the Senate will resume open session and proceed to the votes on the two articles of impeachment. I estimate that those votes will begin at approximately 11, 11:30. However, the exact time will depend on the length of the remaining speeches, and also we will have to have a few minutes to open the Chamber and the galleries so that our constituents and our families can enter the galleries if they would like to.

    Following those votes, all Senators should remain at their desks as the Senate proceeds to several housekeeping items relating to the adjournment of the Court of Impeachment. So again, I emphasize, please, after the votes, don't rush out of the Chamber because we have some very important proceedings to attend to, and I think you will enjoy them if you will stay and participate.

    Under the consent agreement reached last night, following those votes, a motion relating to censure may be offered by the Senator from California, Senator Feinstein. If offered, Senator Gramm will be recognized to offer a motion relative to the Feinstein motion, with a vote to occur on the Gramm motion. Therefore, Senators may anticipate an additional vote or votes following the votes on the articles.

    I thank the Senators. And I believe we are ready to proceed to the closed session.

    Mrs. BOXER. Will the majority leader yield for a question?

    Mr. LOTT. Yes.

    Mrs. BOXER. Will there be intervening debate or no debate on any of those votes?

    Mr. LOTT. In the UC that was reached last night, I believe we have 2 hours, which will be equally divided, for Senators to submit statements at that point or to make speeches if they would like. So I presume--after the votes, yes.

    Mrs. BOXER. That is the question. Yes.

    Mr. LOTT. I presume we will go on for a couple hours--2 or 3 o'clock in the afternoon, yes.

    UNANIMOUS-CONSENT AGREEMENT--PRINTING OF STATEMENTS IN THE RECORD AND PRINTING OF SENATE DOCUMENT OF IMPEACHMENT PROCEEDINGS

    Mr. LOTT. I would like to clarify one other matter. Senators will recall the motion approved February 9, 1999, which permitted each Senator to place in the Congressional Record his or her own statements made during final deliberations in closed session.

    I ask unanimous consent that public statements made by Senators subsequent to the approval of that motion, with respect to his or her own statements made during the closed session, be deemed to be in compliance with the Senate rules. This would permit a Senator to release to the public his or her statement made during final deliberations in closed session, except that, in doing so, a Senator may not disclose any remarks of the other Senators made during deliberations, without the prior consent, of course, of that Senator.

    I further ask unanimous consent that Senators have until Tuesday, February 23, 1999--that would be the Tuesday after we come back--to have printed statements and opinions in the Congressional Record, if they choose, explaining their votes.

    Finally, I ask unanimous consent that the Secretary be authorized to include these statements, along with the full record of the Senate's proceedings, the filings by the parties, and the supplemental materials admitted into evidence by the Senate, in a Senate document printed under the supervision of the Secretary of the Senate, that will complete the documentation of the Senate's handling of these impeachment proceedings.

    Mr. REID. Mr. Leader, point of clarification. I had a couple of Members ask, does it take an affirmative act of a Senator to get their speech placed in the Record or does it happen automatically?

    Mr. LOTT. I believe it does take an affirmative act. It is not automatic.

    Mr. REID. To whom should that be given?

    Mr. LOTT. It should be given to the clerks at the desk, or to Marty on your side, or your secretary of the minority, or the secretary of the majority. They will get it into the Record at the right place.

    So I believe, once again, we are ready to go to our closed session.

    Mrs. HUTCHISON. Will the majority leader yield for a question?

    Mr. LOTT. Yes.

    Mrs. HUTCHISON. It does not require each person to ask unanimous consent to insert their remarks, just giving it?

    Mr. LOTT. Yes. That has already been cleared.

    I believe we have a unanimous consent request propounded.

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

    The Senate will now go into closed session to complete its deliberations on the articles of impeachment. The Sergeant at Arms is directed to clear the galleries and close the doors of the Senate Chamber.

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

    The CHIEF JUSTICE. The clerk will call the roll.

    The legislative clerk proceeded to call the roll.

    CLOSED SESSION

    (At 9:44 a.m., the doors of the Chamber were closed. The proceedings of the Senate were held in closed session until 12:04 p.m., at which time the following occurred.)

    OPEN SESSION

    Mr. LOTT. Will Senators return to their desks? Managers, thank you for joining us. Would Senators stand, and the gallery, as the Chief Justice enters the Chamber, please.

    The CHIEF JUSTICE. The Senate will be in order.

    Mr. LOTT. Mr. Chief Justice, Members of the Senate, the Senate has met almost exclusively as a Court of Impeachment since January 7, 1999, to consider the articles of impeachment against the President of the United States. The Senate meets today to conclude this trial by voting on the articles of impeachment, thereby, fulfilling its obligation under the Constitution. I believe we are ready to proceed to the votes on the articles. And I yield the floor.

    The CHIEF JUSTICE. The Chair would inform those in attendance in the Senate galleries, that under rule XIX of the Standing Rules of the Senate, demonstrations of approval or disapproval are prohibited, and it is the duty of the Chair to enforce order on its own initiative.

    ARTICLE I

    The CHIEF JUSTICE. The clerk will now read the first Article of impeachment.

    The legislative clerk read as follows:

    Article I
    In his conduct while President of the United States, William Jefferson Clinton, in violation of his constitutional oath faithfully to execute the office of President of the United States and, to the best of his ability, preserve, protect, and defend the Constitution of the United States, and in violation of his constitutional duty to take care that the laws be faithfully executed, has willfully corrupted and manipulated the judicial process of the United States for his personal gain and exoneration, impeding the administration of justice, in that:
    On August 17, 1998, William Jefferson Clinton swore to tell the truth, the whole truth, and nothing but the truth before a Federal grand jury of the United States. Contrary to that oath, William Jefferson Clinton willfully provided perjurious, false and misleading testimony to the grand jury concerning one or more of the following: (1) the nature and details of his relationship with a subordinate Government employee; (2) prior perjurious, false and misleading testimony he gave in a Federal civil rights action brought against him; (3) prior false and misleading statements he allowed his attorney to make to a Federal judge in that civil rights action; and (4) his corrupt efforts to influence the testimony of witnesses and to impede the discovery of evidence in that civil rights action.
    In doing this, William Jefferson Clinton has undermined the integrity of his office, has brought disrepute on the Presidency, has betrayed his trust as President, and has acted in a manner subversive of the rule of law and justice, to the manifest injury of the people of the United States.
    Wherefore, William Jefferson Clinton, by such conduct, warrants impeachment and trial, and removal from office and disqualification to hold and enjoy any office of honor, trust, or profit under the United States.

    The CHIEF JUSTICE. The Chair reminds the Senate that each Senator, when his or her name is called, will stand in his or her place and vote `guilty' or `not guilty' as required by rule XXIII of the Senate rules on impeachment.

    The Chair also refers to article I, section 3, clause 6, of the Constitution regarding the vote required for conviction on impeachment. Quote: `[N]o Person shall be convicted without the Concurrence of two-thirds of the Members present.'

    VOTE ON ARTICLE I

    The CHIEF JUSTICE. The question is on the first article of impeachment. Senators, how say you? Is the respondent, William Jefferson Clinton, guilty or not guilty? A rollcall vote is required.

    The clerk will call the roll.

    The legislative clerk called the roll.

    Rollcall Vote No. 17

    [Rollcall Vote No. 17]

    Subject: Article I--Articles of Impeachment Against President William Jefferson Clinton

    [SUBJECT: ARTICLE I--ARTICLES OF IMPEACHMENT AGAINST PRESIDENT WILLIAM JEFFERSON CLINTON]

    GUILTY--45

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

    NOT GUILTY--55

    • Akaka
    • Baucus
    • Bayh
    • Biden
    • Bingaman
    • Boxer
    • Breaux
    • Bryan
    • Byrd
    • Chafee
    • Cleland
    • Collins
    • Conrad
    • Daschle
    • Dodd
    • Dorgan
    • Durbin
    • Edwards
    • Feingold
    • Feinstein
    • Gorton
    • 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
    • Shelby
    • Snowe
    • Specter
    • Stevens
    • Thompson
    • Torricelli
    • Warner
    • Wellstone
    • Wyden

    The CHIEF JUSTICE. On this article of impeachment, 45 Senators having pronounced William Jefferson Clinton, President of the United States, guilty as charged, 55 Senators having pronounced him not guilty, two-thirds of the Senators present not having pronounced him guilty, the Senate adjudges that the respondent, William Jefferson Clinton, President of the United States, is not guilty as charged in the first article of impeachment.

    ARTICLE II

    The CHIEF JUSTICE. The clerk will read the second article of impeachment.

    The legislative clerk read as follows:

    Article II
    In his conduct while President of the United States, William Jefferson Clinton, in violation of his constitutional oath faithfully to execute the office of President of the United States and, to the best of his ability, preserve, protect, and defend the Constitution of the United States, and in violation of his constitutional duty to take care that the laws be faithfully executed, has prevented, obstructed, and impeded the administration of justice, and has to that end engaged personally, and through his subordinates and agents, in a course of conduct or scheme designed to delay, impede, cover up, and conceal the existence of evidence and testimony related to a Federal civil rights action brought against him in a duly instituted judicial proceeding.
    The means used to implement this course of conduct or scheme included one or more of the following acts:

    (1) On or about December 17, 1997, William Jefferson Clinton corruptly encouraged a witness in a Federal civil rights action brought against him to execute a sworn affidavit in that proceeding that he knew to be perjurious, false and misleading.

    (2) On or about December 17, 1997, William Jefferson Clinton corruptly encouraged a witness in a Federal civil rights action brought against him to give perjurious, false and misleading testimony if and when called to testify personally in that proceeding.

    (3) On or about December 28, 1997, William Jefferson Clinton corruptly engaged in, encouraged, or supported a scheme to conceal evidence that had been subpoenaed in a Federal civil rights action brought against him.

    (4) Beginning on or about December 7, 1997, and continuing through and including January 14, 1998, William Jefferson Clinton intensified and succeeded in an effort to secure job assistance to a witness in a Federal civil rights action brought against him in order to corruptly prevent the truthful testimony of that witness in that proceeding at a time when the truthful testimony of that witness would have been harmful to him.

    (5) On January 17, 1998, at his deposition in a Federal civil rights action brought against him, William Jefferson Clinton corruptly allowed his attorney to make false and misleading statements to a Federal judge characterizing an affidavit, in order to prevent questioning deemed relevant by the judge. Such false and misleading statements were subsequently acknowledged by his attorney in a communication to that judge.

    (6) On or about January 18 and January 20-21, 1998, William Jefferson Clinton related a false and misleading account of events relevant to a Federal civil rights action brought against him to a potential witness in that proceeding, in order to corruptly influence the testimony of that witness.

    (7) On or about January 21, 23, and 26, 1998, William Jefferson Clinton made false and misleading statements to potential witnesses in a Federal grand jury proceeding in order to corruptly influence the testimony of those witnesses. The false and misleading statements made by William Jefferson Clinton were repeated by the witnesses to the grand jury, causing the grand jury to receive false and misleading information.
    In all of this, William Jefferson Clinton has undermined the integrity of his office, has brought disrepute on the Presidency, has betrayed his trust as President, and has acted in a manner subversive of the rule of law and justice, to the manifest injury of the people of the United States.
    Wherefore, William Jefferson Clinton, by such conduct, warrants impeachment and trial, and removal from office and disqualification to hold and enjoy any office of honor, trust, or profit under the United States.

    VOTE ON ARTICLE II

    The CHIEF JUSTICE. The question is on the second article of impeachment. Senators, how say you? Is the respondent, William Jefferson Clinton, guilty or not guilty?

    The clerk will call the roll.

    The bill clerk called the roll.

    The result was announced--guilty 50, not guilty 50, as follows:

    Rollcall Vote No. 18

    [Rollcall Vote No. 18]

    Subject: Article II--Articles of Impeachment against President William Jefferson Clinton

    [SUBJECT: ARTICLE II--ARTICLES OF IMPEACHMENT AGAINST PRESIDENT WILLIAM JEFFERSON CLINTON]

    GUILTY--50

    • Abraham
    • Allard
    • Ashcroft
    • Bennett
    • Bond
    • Brownback
    • Bunning
    • Burns
    • Campbell
    • Cochran
    • 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)
    • Stevens
    • Thomas
    • Thompson
    • Thurmond
    • Voinovich
    • Warner

    NOT GUILTY--50

    • Akaka
    • Baucus
    • Bayh
    • Biden
    • Bingaman
    • Boxer
    • Breaux
    • Bryan
    • Byrd
    • Chafee
    • Cleland
    • Collins
    • 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
    • Snowe
    • Specter
    • Torricelli
    • Wellstone
    • Wyden

    The CHIEF JUSTICE. The galleries will be in order.

    On this article of impeachment, 50 Senators having pronounced William Jefferson Clinton, President of the United States, guilty as charged, 50 Senators having pronounced him not guilty, two-thirds of the Senators present not having pronounced him guilty, the Senate adjudges that the respondent, William Jefferson Clinton, President of the United States, is not guilty as charged in the second article of impeachment.

    The Chair directs judgment to be entered in accordance with the judgment of the Senate as follows:

    The Senate, having tried William Jefferson Clinton, President of the United States, upon two articles of impeachment exhibited against him by the House of Representatives, and two-thirds of the Senators present not having found him guilty of the charges contained therein: it is, therefore, ordered and adjudged that the said William Jefferson Clinton be, and he is hereby, acquitted of the charges in this said article.

    The Chair recognizes the majority leader.

    COMMUNICATION TO THE SECRETARY OF STATE AND TO THE HOUSE OF REPRESENTATIVES

    Mr. LOTT. Mr. Chief Justice, there is an order at the desk.

    The CHIEF JUSTICE. The clerk will read the order.

    The legislative clerk read as follows:

    Ordered, that the Secretary be directed to communicate to the Secretary of State, as provided by Rule XXIII of the Rules of Procedure and Practice in the Senate when sitting on impeachment trials, and also to the House of Representatives, the judgment of the Senate in the case of William Jefferson Clinton, and transmit a certified copy of the judgment to each.

    The CHIEF JUSTICE. Without objection, the order will be entered.

    STATEMENT BY THE CHIEF JUSTICE OF THE UNITED STATES ON THE SENATE TRIAL

    The CHIEF JUSTICE. The Chair wishes to make a brief statement, without objection on such. (Laughter.)

    More than a month ago, I first came here to preside over the Senate sitting as the Court of Impeachment. I was a stranger to the great majority of you. I underwent the sort of culture shock that naturally occurs when one moves from the very structured environment of the Supreme Court to what I shall call, for want of a better phrase, the more free-form environment of the Senate. (Laughter.)

    I leave you now a wiser but not a sadder man. I have been impressed by the manner in which the majority leader and the minority leader have agreed on procedural rules in spite of the

    differences that separate their two parties on matters of substance.

    I have been impressed by the quality of the debate in closed session on the entire question of impeachment as provided for under the Constitution. Agreed-upon procedures for erring on substantive divisions must be the hallmark of any great deliberative body.

    Our work as a Court of Impeachment is now done. I leave you with the hope that our several paths may cross again under happier circumstances.

    The majority leader.

    Mr. LOTT. Mr. Chief Justice, we thank you for your comments.

    EXPRESSION OF GRATITUDE TO THE CHIEF JUSTICE OF THE UNITED STATES

    Mr. LOTT. I send a resolution to the desk.

    The CHIEF JUSTICE. The clerk will read the resolution.

    The legislative clerk read as follows:

    A resolution (S. Res. 37) to express gratitude for the service of the Chief Justice of the United States as Presiding Officer during the impeachment trial.

    Mr. LOTT. Mr. Chief Justice, I ask unanimous consent the Senate proceed to the immediate consideration of S. Res. 37 introduced earlier today by Senator Lott and Senator Daschle.

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

    Mr. LOTT. Mr. Chief Justice, I ask unanimous consent that the resolution be agreed to, the motion to reconsider be laid upon the table, and any statements that Senators wish to make on this resolution be printed at this point in the Record.

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

    The resolution (S. Res. 37) was agreed to.

    The preamble was agreed to.

    The resolution, with its preamble, reads as follows:

    S. Res. 37

    Whereas Article I, section 3, clause 6 of the Constitution of the United States provides that, when the President of the United States is tried on articles of impeachment, the Chief Justice of the United States shall preside over the Senate;

    Whereas, pursuant to Rule IV of the Rules of Procedure and Practice in the Senate When Sitting on Impeachment Trials, on January 6, 1999, the Senate notified William H. Rehnquist, Chief Justice of the United States, of the time and place fixed for consideration of the articles of impeachment against William Jefferson Clinton, President of the United States, and requested him to attend;

    Whereas, in the intervening days since January 7, 1999, Chief Justice Rehnquist has presided over the Senate, when sitting on the trial of the articles of impeachment, for long hours over many days;

    Whereas Chief Justice Rehnquist, in presiding over the Senate, has exhibited extraordinary qualities of fairness, patience, equanimity, and wisdom;

    Whereas, by his manner of presiding over the Senate, Chief Justice Rehnquist has contributed greatly to the Senate's conduct of fair, impartial, and dignified proceedings in the trial of the articles of impeachment;

    Whereas the Senate and the Nation are indebted to Chief Justice Rehnquist for his distinguished and valued service in fulfilling his constitutional duty to preside over the Senate in the trial of the articles of impeachment: Now, therefore, be it

    Resolved, That the Senate expresses its profound gratitude to William H. Rehnquist, Chief Justice of the United States, for his distinguished service in presiding over the Senate, while sitting on the trial of the articles of impeachment against William Jefferson Clinton, President of the United States.

    Sec. 2. The Secretary shall notify the Chief Justice of the United States of this resolution.

    Mr. LOTT. Mr. Chief Justice, on behalf of myself and the entire U.S. Senate, we want to offer you our thanks and the gratitude of the American people for your service to the Nation and throughout this Impeachment Court and to this institution.

    As our Presiding Officer during most of the last 5 weeks, you have brought to our proceedings a gentle dignity and an unfailing sense of purpose, and sometimes sense of humor.

    The majority leader realized when it was time to take a break and not to take a break when the Chief Justice said let's go forward.

    By placing duty above personal convenience and many other considerations, you have taught a lesson in leadership. Your presence in the chair of the President of the Senate, following the directives of our Constitution, gave comity to this Chamber and assurance to the Nation. I would like to close with our traditional Mississippi parting: Y'all come back soon. But I hope that is not taken the wrong way, and not for an occasion like this one.

    So instead, as you return to your work on the Court in the great marble temple of the law right across the lawn from this Capitol, we salute you, sir, with renewed appreciation and esteem for a good friend and good neighbor.

    PRESENTATION OF THE GOLDEN GAVEL AWARD

    Now, Mr. Chief Justice, if the Democratic leader will join me, we have a small token of our appreciation. We have a tradition in the Senate that after you have presided over the Senate for 100 hours, we present you with the Golden Gavel Award. I am not sure it quite reached 100 hours, but it is close enough.

    The CHIEF JUSTICE. It seemed like it.

    (Applause, Senators rising.)

    Mrs. HUTCHISON. Mr. President, I wish to add my thanks to the Chief Justice for his untiring efforts throughout the impeachment trial and to commend him for his dignity, fairness, and humor.

    Mr. KYL. I add my expression of appreciation to the Chief Justice and the officers of the court who had a role in this proceeding--the House managers, the counsel for the White House, and Independent Counsel Kenneth Starr--for their honorable service.

    UNANIMOUS-CONSENT AGREEMENT

    Mr. LOTT. Mr. Chief Justice, I ask unanimous consent that the February 5, 1999, affidavit of Mr. Christopher Hitchens; the February 7, 1999, affidavit of Ms. Carol Blue; and the affidavit of Mr. R. Scott Armstrong be admitted into evidence in this proceeding and the full written transcripts of the depositions taken pursuant to S. Res. 30 be included in the public record of the trial. This matter has been cleared on both sides of the aisle.

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

    ADJOURNMENT SINE DIE OF THE COURT OF IMPEACHMENT

    Mr. LOTT. Now, Mr. Chief Justice, I move that the Senate, sitting as a Court of Impeachment on the articles exhibited against William Jefferson Clinton, adjourn sine die.

    The motion was agreed to, and at 12:43 p.m., the Senate, sitting as a Court of Impeachment, adjourned sine die.

    ESCORTING OF THE CHIEF JUSTICE

    Mr. LOTT. The committee will go to the podium to escort the Chief Justice from the Chamber.

    Whereupon, the Committee of Escort: Mr. Thurmond, Mr. Roth, Mr. Domenici, Mr. Sarbanes, Mr. Moynihan, and Mrs. Lincoln, escorted the Chief Justice from the Chamber.

    The PRESIDING OFFICER (Mr. Enzi). The Sergeant at Arms will escort the House managers out of the Senate Chamber.

    Whereupon, the Sergeant at Arms escorted the House managers from the Chamber.

    Mr. LOTT addressed the Chair.

    The PRESIDING OFFICER. The Senate will please come to order. The majority leader.

    Mr. LOTT. Mr. President--I almost called you Mr. Chief Justice; I have to get used to this, going back to `Mr. President'--before Senator Feinstein is recognized, I must take just a moment further to recognize a few individuals, and I know Senator Daschle would like to do that. In addition to the Chief Justice and his assistants who were here throughout----

    Mrs. HUTCHISON. Mr. President, I believe the White House attorneys should have the same privilege of being escorted out.

    Mr. LOTT. I think we will ask Senator Nickles to handle that. (Laughter.)

    The PRESIDING OFFICER. The White House counsel will be escorted from the Chamber.

    Whereupon, White House counsel were escorted from the Chamber.

    CENSURE RESOLUTION

    Mr. ASHCROFT. Mr. President, the debate we will be having in the Senate is on whether to suspend the rules of the Senate to consider a resolution censuring the President's conduct.

    A motion will be made to indefinitely postpone the motion to suspend the rules. These votes will occur before Senators have the opportunity to amend the resolution censuring the President's conduct.

    I take the floor of the Senate to make clear that I am opposed to a censure resolution of President Clinton.

    The Impeachment Trial of President William Jefferson Clinton is over. The Senate has faithfully discharged its constitutional obligation by serving as impartial jurors of the Articles of Impeachment approved by a bipartisan majority of the U.S. House of Representatives.

    The Senate has rendered its verdict, and has found the President not guilty as charged. The consequence of this action by the Senate is to keep the President in office where he is to fully and faithfully discharge the constitutional duties of his office.

    The trial is over. It is time for the Senate to focus on the national legislative agenda.

    On this last point, I chose my words carefully. I did not say it is time for the Senate to turn to the people's business.

    Some have said we should not have had the trial or should have adjourned the trial much earlier so that we could turn to the people's business.

    I reject that notion. I firmly believe that conducting the trial was doing the people's business.

    But the truth is the trial is over. I do not see any place for the pending resolution censuring the President. It is not the business of the Senate to punish President Clinton.

    As Senator Byrd has concluded censure, unlike impeachment, is `extra-constitutional.' The Constitution empowers the Senate to try a President impeached by the House and remove him if 67 Senators agree.

    The Constitution does not empower the Senate to punish a President, in the absence of 67 votes to remove. The impeachment trial is over.

    The Senate should move on and leave President Clinton alone.

    The Constitution recognizes that if a President cannot be removed through impeachment, he should not be weakened by censure. Although the Senate passes sense of the Senate resolutions on many subjects, censure is different because the Constitution requires a 2/3 vote before the Senate can discipline the President and requires removal upon conviction for impeachable offenses. Censure is an effort to end-run these constitutional requirements.

    One final problem is that any censure resolution will have to be weak. Even proponents of censure concede that a censure resolution that actually punished the President would be an unconstitutional bill of attainder. Any censure that is consistent with the Bill of Attainder Clause is too weak to be worth doing.

    The highest form of censure the Constitution allows is impeachment by the House. The failure to convict the President will not erase that action by the House. It is time for the Senate to move on.

    If the effort to suspend the rules passes, and the text of the censure resolution is before the Senate, and is amendable, I will seek recognition to offer the following substitute, and I quote:

    After the word `Resolved' strike everything and insert the following:

    `That the United States Senate at the earliest opportunity will consider and have final votes on legislation favorably reported by its committees that--

    (1) reduces taxes so that Americans no longer pay record high levels of federal income taxes;

    (2) prohibits the financial surplus in the Social Security Trust Funds from financing additional deficit spending in the operating budget of the United States Government;

    (3) increases funds and flexibility for programs that local school districts and their parents, teachers and principals believe will enhance teaching and learning;

    (4) offers comprehensive responses to juvenile justice needs and criminal drug abuse, including increased penalties for adults who use minors in the commission of crimes, increased penalties for drug trafficking, and greater resources for local law enforcement agencies to stop methamphetamine trafficking.

    (5) improves military pay to reduce sharp declines in attracting new and keeping well-qualified solders in the all-volunteer Armed Forces.'

    This substitute resolution speaks for itself. This resolution sets the Senate on the right course for the Senate to accomplish the legislative priorities of this nation.

    These priorities include:

    Congress this year should direct the budget surplus to where it belongs, and that is to the people whose hard work produced the surplus.

    That means Congress should cut taxes. Americans should no longer pay record high levels of federal income taxes.

    The average household paid 25 percent of its income in taxes (federal, state, and local) and 30 percent of every additional dollar earned by a four-person median income household of $55,000 will go to pay taxes.

    The typical American family spends more money on taxes than on food, clothing, and shelter combined. Each year Americans work four months and 10 days just to pay their taxes. The tax burden is getting worse, not better. For the past five years, tax

    payments have grown faster than salaries. Total federal taxes in 1997 were the highest since World War II.

    Second, Congress should protect Social Security.

    The best action we can take now to protect the economic security of tomorrow's retirees is to protect current surpluses from government raiding.

    Using these surpluses to pay down our debt will put our country in the best possible financial position to meet our future obligations.

    Third, we should improve education by increasing funds and flexibility for programs that local school districts and their parents, teachers and principals believe will enhance teaching and learning.

    The Department of Education requires over 48.6 million hours worth of paperwork to receive federal dollars. This bureaucratic maze takes up to 35% of every federal education dollar.

    Local school districts could find far better uses of the $10-$12 billion Washington spends. With direct funding, local schools could deploy resources to areas they deem most crucial for their students, such as hiring new teachers, raising teacher salaries, buying new textbooks or new computers

    Fourth, Congress must fight crime and drug abuse.

    While in the last few years the violent crime rate has declined, it remains at levels that are far too high. In 1960, 159 violent crimes per 100,000 inhabitants were reported; in 1997, 611 were reported. In short, violent crime has quadrupled since 1960.

    Drug abuse, especially use of methamphetamines, is also at dangerous levels. Public health and law enforcement officials believe that meth is more dangerous and addictive than cocaine and heroin. Communities are being devastated and the problem is growing exponentially. In 1994, DEA agents in Missouri seized 14 clandestine meth labs. Last year, they seized 421 labs.

    Meth use is dangerous, threatens our children and causes users to commit other crimes. Among 12th graders, the use of ice, a smokeable form of meth, has risen 60 percent since 1992. Meth-related emergency room incidents are up 63 percent over this same period.

    Fifth, Congress should improve military pay to reduce sharp declines in attracting new and keeping well-qualified solders in the all-volunteer Armed Forces.

    1999 marks the 14th straight year of decline in real dollars spent on our national defense. The number of active duty personnel is down 30% since 1991. Despite these reductions, the military is being asked to do more than it did during the Cold War.

    CONCLUSION

    In writing these principles, I strived for bipartisan agreement. I believe many, if not all of these, principles have been articulated as priorities on both sides of the aisle.

    I did not include my own proposals for accomplishing these objectives. The details of these principles can and should be worked out by the committees of the Senate, and then by the full Senate.

    Mrs. FEINSTEIN addressed the Chair.

    The PRESIDING OFFICER. The Chair recognizes the Senator from California.

    Mrs. FEINSTEIN. Mr. President, I move to proceed to my censure resolution which is at the desk.

    The text of the motion reads as follows:

    I move to suspend the following:

    Rule VII, paragraph 2 the phrase `upon the calendar', and;

    Rule VIII, paragraph 2 the phrase `during the first two hours of a new legislative day'.

    In order to permit a motion to proceed to a censure resolution, to be introduced on the day of the motion to proceed, notwithstanding the fact that it is not on the calendar of business.

    Mr. GRAMM addressed the Chair.

    The PRESIDING OFFICER. The Senator from Texas.

    Mr. GRAMM. Mr. President, I have to object. This resolution is not on the Calendar. Therefore, it is not in order to present it to the Senate.

    Mrs. FEINSTEIN addressed the Chair.

    The PRESIDING OFFICER. The Senator from California.

    Mrs. FEINSTEIN. Mr. President, in light of that objection, I move to suspend the rules, the notice of which I printed in the Record on Monday, February 8, in order to permit my motion to proceed.

    Mr. GRAMM addressed the Chair.

    The PRESIDING OFFICER. The Senator from Texas.

    Mr. GRAMM. Mr. President, I send a motion to the desk, a motion to indefinitely postpone the consideration of the Feinstein motion.

    The PRESIDING OFFICER. The clerk will report the motion.

    Mr. GRAMM. Mr. President, I ask that reading of the motion be dispensed with, and I ask for the yeas and nays.

    The PRESIDING OFFICER. Without objection, it is so ordered.

    Is there a sufficient second? There is a sufficient second.

    The yeas and nays were ordered.

    The PRESIDING OFFICER. The question is on agreeing to the motion of the Senator from Texas, Mr. Gramm. The yeas and nays have been ordered. The clerk will call the roll.

    The yeas and nays resulted--yeas 43, nays 56, as follows:

    Rollcall Vote No. 19 Leg.

    [Rollcall Vote No. 19 Leg.]

    YEAS--43

    • Allard
    • Ashcroft
    • Bond
    • Brownback
    • Bunning
    • Burns
    • Byrd
    • Campbell
    • Cochran
    • Coverdell
    • Craig
    • Crapo
    • DeWine
    • Enzi
    • Fitzgerald
    • Frist
    • Gramm
    • Grams
    • Grassley
    • Gregg
    • Hagel
    • Hatch
    • Helms
    • Hutchinson
    • Inhofe
    • Kyl
    • Lott
    • Mack
    • McCain
    • Murkowski
    • Nickles
    • Roberts
    • Santorum
    • Sessions
    • Shelby
    • Smith Bob
    • Specter
    • Stevens
    • Thomas
    • Thompson
    • Thurmond
    • Voinovich
    • Warner

    NAYS--56

    • Abraham
    • Akaka
    • Baucus
    • Bayh
    • Bennett
    • Biden
    • Bingaman
    • Boxer
    • Breaux
    • Bryan
    • Chafee
    • Cleland
    • Collins
    • Conrad
    • Daschle
    • Dodd
    • Dorgan
    • Durbin
    • Edwards
    • Feingold
    • Feinstein
    • Gorton
    • Graham
    • Harkin
    • Hollings
    • Hutchison
    • Inouye
    • Jeffords
    • Johnson
    • Kennedy
    • Kerrey
    • Kerry
    • Kohl
    • Landrieu
    • Lautenberg
    • Leahy
    • Levin
    • Lieberman
    • Lincoln
    • Lugar
    • McConnell
    • Mikulski
    • Moynihan
    • Murray
    • Reed
    • Reid
    • Robb
    • Rockefeller
    • Roth
    • Sarbanes
    • Schumer
    • Smith Gordon H
    • Snowe
    • Torricelli
    • Wellstone
    • Wyden

    NOT VOTING--1

    • Domenici

    The PRESIDING OFFICER (Mr. Inhofe). On this vote, the yeas are 43, the nays are 56. Two-thirds of the Senators not having voted in the negative, the motion to suspend is withdrawn and the Gramm point of order is sustained. The Feinstein motion to proceed falls.

       


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