[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. Res. 30 Agreed to Senate (ATS)]







106th CONGRESS
  1st Session
S. RES. 30

   Relative to the procedures concerning the articles of impeachment 
                   against William Jefferson Clinton.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            January 28, 1999

  Mr. Lott submitted the following resolution; which was considered, 
                         amended, and agreed to

_______________________________________________________________________

                               RESOLUTION


 
   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 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. 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, 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.
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