[Congressional Record Volume 145, Number 3 (Friday, January 8, 1999)]
[Senate]
[Pages S50-S51]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




   TRIAL OF WILLIAM JEFFERSON CLINTON, PRESIDENT OF THE UNITED STATES

  The CHIEF JUSTICE. Pursuant to rule III of the procedure and 
guidelines for impeachment trials in the U.S. Senate, the Senate will 
now resume consideration of the articles of impeachment of William 
Jefferson Clinton. 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 silence, on pain of imprisonment, while the House of 
     Representatives is exhibiting to the Senate of the United 
     States articles of impeachment against William Jefferson 
     Clinton, President of the United States.

  The CHIEF JUSTICE. The majority leader is recognized.


    Providing for Issuance of a Summons and for Related Procedures 
   Concerning the Articles of Impeachment Against William Jefferson 
                Clinton, President of the United States

  Mr. LOTT. Mr. Chief Justice, I am quite pleased to send a resolution 
to the desk on behalf of myself and the Democratic leadership, Senator 
Daschle, and, in fact, for the entire U.S. Senate, and I ask consent 
that if the resolution is agreed to by the Senate, it be considered to 
have the dignity of a unanimous-consent agreement up to the final 
paragraph.
  The CHIEF JUSTICE. Is there objection to the request of the majority 
leader?
  Mr. REID. No objection.
  The CHIEF JUSTICE. Without objection, it is so ordered.
  The clerk will report the resolution by title.
  The legislative clerk read as follows:

       A resolution (S. Res. 16) to provide for issuance of a 
     summons and for related procedures concerning the articles of 
     impeachment against William Jefferson Clinton, President of 
     the United States.

  The CHIEF JUSTICE. The question occurs on Senate Resolution 16 
submitted by the majority leader, Mr. Lott. Pursuant to rule XXIV of 
the Senate rules on impeachment, the yeas and nays are required on this 
question.
  Mr. BYRD addressed the Chair.
  The CHIEF JUSTICE. The Senator from West Virginia.
  Mr. BYRD. Parliamentary inquiry. Could the clerk read the resolution 
for the edification of the Senate at this time.
  The CHIEF JUSTICE. If that is the will of the body, the resolution 
will be read.
  Mr. BYRD. I ask unanimous consent that be done.
  The CHIEF JUSTICE. Is there objection to the reading of the 
resolution?
  Without objection, it is so ordered.
  The clerk will read the resolution in its entirety.
  The legislative clerk read as follows:

       Resolved, That the summons be issued in the usual form 
     provided that the President may have until 12 noon on Monday, 
     January 11th, to file his answer with the Secretary of the 
     Senate, and the House have until 12 noon on January 13th to 
     file its replication with the Secretary of the Senate, 
     together with the record which will consist of those publicly 
     available materials that have been submitted to or produced 
     by the House Judiciary Committee, including transcripts of 
     public hearings or mark-ups and any materials printed by the 
     House of Representatives or House Judiciary Committee 
     pursuant to House Resolutions 525 and 581. Such record will 
     be admitted into evidence, printed, and made available to 
     Senators. If the House wishes to file a trial brief it shall 
     be filed by 5 p.m. on January 11th.
       The President and the House shall have until 5 p.m. on 
     January 11th to file any motions permitted under the rules of 
     impeachment except for motions to subpoena witnesses or to 
     present any evidence not in the record. Responses to any such 
     motions shall be filed no later than 10 a.m. on January 13th. 
     The President may file a trial brief at or before that time. 
     The House may file a rebuttal brief no later than 10 a.m. 
     January 14th.
       Arguments on such motions shall begin at 1 p.m. on January 
     13th, and each side may determine the number of persons to 
     make its presentation, following which the Senate shall 
     deliberate and vote on any such motions. Following the 
     disposition of these motions, or if no motions occur then at 
     1 p.m. on January 14th, the House shall make its presentation 
     in support of the articles of impeachment for a period of 
     time not to exceed 24 hours. Each side may determine the 
     number of persons to make its presentation. The presentation 
     shall be limited to argument from the record. Following the 
     House presentation. The President shall make his presentation 
     for a period not to exceed 24 hours as outlined in the 
     paragraph above with reference to the House presentation.
       Upon the conclusion of the President's presentation, 
     Senators may question the parties for a period of time not to 
     exceed 16 hours.
       After the conclusion of questioning by the Senate, it shall 
     be in order to consider and debate a motion to dismiss as 
     outlined by the impeachment rules. Following debate it shall 
     be in order to make a motion to subpoena witnesses and/or 
     present any evidence not in the record, with debate time on 
     that motion limited to 6 hours, to be equally divided between 
     the two parties. Following debate and any deliberation as 
     provided in the impeachment rules, the Senate will proceed to 
     vote on the motion to dismiss, and if defeated, an immediate 
     vote on the motion to subpoena witnesses and/or to present 
     any evidence not in the record, all without any intervening 
     action, motion, amendment or debate.
       If the Senate agrees to allow either the House or the 
     President to call witnesses, the witnesses shall first be 
     deposed and the Senate shall decide after deposition which 
     witnesses shall testify, pursuant to the impeachment rules. 
     Further, the time for depositions shall be agreed to by both 
     leaders. No testimony shall be admissible in the Senate 
     unless the parties have had an opportunity to depose such 
     witnesses.
       If the Senate fails to dismiss the case, the parties will 
     proceed to present evidence. At the conclusion of the 
     deliberations by the Senate, the Senate shall proceed to vote 
     on each article of impeachment.

  The CHIEF JUSTICE. The question occurs on Senate Resolution 16. The 
clerk will call the roll.
  The legislative clerk called the roll.
  The result was announced--yeas 100, nays 0, as follows:

                       [Rollcall Vote No. 1 Leg.]

                               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 resolution (S. Res. 16) was agreed to.


    notice of intent to suspend the rules of the Senate by Senators 
                          Wellstone and Harkin

       In accordance to Rule V of the Standing Rules of the 
     Senate, I (for myself and for Mr. Harkin) hereby give notice 
     in writing that it is my intention to move to suspend the 
     following portions of the Rules of Procedure and Practice in 
     the Senate When Sitting on Impeachment Trials for the 
     duration of the trial of President William Jefferson Clinton:
       (1) The phrase ``without debate'' in Rule VII;
       (2) The following portion of Rule XX: ``, unless the Senate 
     directs shall direct the doors to be closed while 
     deliberating upon its decisions. A motion to close the doors 
     may be acted upon without objection, or, if objected is 
     heard, the motion shall be voted on without debate by the 
     yeas and nays, which shall be entered on the Record''; and
       (3) In Rule XXIV, the phrases ``without debate'', ``except 
     when the doors shall be closed for deliberation, and in that 
     case'' and ``, to be had without debate''.


notice of intent to suspend the rules of the senate by senators harkin 
                             and wellstone

       In accordance to Rule V of the Standing Rules of the 
     Senate, I (for myself and for Mr. Wellstone) hereby give 
     notice in writing that it is my intention to move to suspend 
     the following portions of the Rules of Procedure and Practice 
     in the Senate When Sitting on Impeachment Trials for the 
     duration of the trial of President William Jefferson Clinton:
       (1) The phrase ``without debate'' in Rule VII;
       (2) The following portion of Rule XX: ``, unless the Senate 
     directs shall direct the doors to be closed while 
     deliberating upon its

[[Page S51]]

     decisions. A motion to close the doors may be acted upon 
     without objection, or, if objected is heard, the motion shall 
     be voted on without debate by the yeas and nays, which shall 
     be entered on the Record''; and
       (3) In Rule XXIV, the phrases ``without debate'', ``except 
     when the doors shall be closed for deliberation, and in that 
     case'' and ``, to be had without debate''.

  Mr. LOTT addressed the Chair.
  The CHIEF JUSTICE. The Chair recognizes the majority leader.
  Mr. LOTT. Thank you, Mr. Chief Justice.
  I remind all Senators to please remain in their seats until the Chief 
Justice has departed the Chamber.


                              adjournment

  Mr. LOTT. I now ask unanimous consent that the Court of Impeachment 
stand in adjournment, and that all Senators remain at their desks, as I 
just suggested, so the Chief Justice can depart the Chamber.
  The CHIEF JUSTICE. Without objection, it is so ordered.
  Thereupon, at 4:34 p.m., the Senate, sitting as a Court of 
Impeachment, adjourned.

                          ____________________