[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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