[Congressional Record Volume 145, Number 15 (Wednesday, January 27, 1999)]
[Senate]
[Page S1031]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




  MOTION TO TAKE DEPOSITIONS OF WITNESSES IN COURT OF IMPEACHMENT OF 
                       WILLIAM JEFFERSON CLINTON

 Mr. ABRAHAM. Mr. President, there is a lot about this 
impeachment process that is new and unfamiliar to all of us. That is 
all the more reason why we should allow ourselves to be guided by the 
Constitution and historical precedents in deciding how we proceed. The 
Constitution's requirement that the Senate ``shall have the sole Power 
to try all Impeachments.'' certainly suggests that the Senate will 
ordinarily do more than simply look at the record made by the House in 
deciding whether to send us Articles of impeachment, and that has 
generally been the Senate's practice.
  Moreover, the Senate sitting as a court of impeachment is charged 
with seeking the truth in this trial. If any Senators reasonably 
believe that hearing witnesses would assist in finding the truth, then 
I believe both the President and the House should have the opportunity 
to call witnesses. Based on the record before us and the arguments we 
have heard, it is clear that at least on some of the House's charges, 
there are factual issues in dispute that the witnesses whom this motion 
proposes to subpoena for depositions could help us resolve.
  It is for this reason, Mr. President, that I support the motion to 
allow both sides to depose these three witnesses. I do not see why this 
limited discovery should in any way cause this matter to be drawn out 
for any extended period of time. Rather, I believe it can be conducted 
very expeditiously without in any way jeopardizing the Senate's ability 
to conduct other important legislative business.

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