[Congressional Record Volume 145, Number 16 (Thursday, January 28, 1999)]
[Senate]
[Pages S1069-S1074]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

                                 prayer

  The Chaplain, Dr. Lloyd John Ogilvie, offered the following prayer:
  Almighty God, thank You for the gift of vibrant confidence based on 
vital convictions. We are confident in Your unlimited power. Therefore, 
at no time are we helpless or hapless. Our confidence is rooted in Your 
Commandments. Therefore, we are strengthened by Your absolutes that 
give us enduring values. Our courage is based on the assurance of Your 
ever-present, guiding Spirit. Therefore, we will not fear. Our hope is 
rooted in trust in Your reliability. Therefore, we will not be anxious. 
Your interventions in trying times in the past have made us hopeful 
thinkers for the future. Therefore, we trust You.
  You have called us to glorify You in the work here in this Senate. 
Therefore, we give You our best for this day's responsibilities. You 
have guided our beloved Nation through difficult periods of discord and 
division in the past. Therefore, we ask for Your help in the present 
deliberations of the impeachment trial. Thank You for the courage that 
flows from our unshakable confidence in You. Through our Lord and 
Savior. Amen.
  The CHIEF JUSTICE. Senators will be seated. 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 Chair recognizes the majority leader.


                           order of procedure

  Mr. LOTT. For the information of all of our colleagues--obviously, 
they have already received the word by the fact that they are not all 
present--but we are still attempting to reach an agreement with respect 
to the remaining procedures for the trial, particularly with regard to 
how and when the depositions will be taken.
  We have been making progress, but it is something we need to be 
careful about. Hopefully, we will be able to reach an agreement yet 
today. If agreement is reached, I expect it very likely that a rollcall 
vote would be requested on that agreement and, therefore, all Members 
should be aware of that. We will notify them via the hotline system as 
the voting schedule becomes clear. Certainly we will keep the Chief 
Justice informed of our deliberations and when we anticipate the need 
to reconvene.


                                 recess

  Mr. LOTT. But in view of the continuing negotiations and conferences 
that are meeting at this time, I ask unanimous consent the Senate stand 
in recess until the hour of 2 p.m. today.
  There being no objection, at 1:07 p.m., the Senate recessed until 
2:02 p.m.; whereupon, the Senate reassembled when called to order by 
the Chief Justice.
  The CHIEF JUSTICE. The Chair recognizes the majority leader.
  Mr. LOTT. Thank you, again, Mr. Chief Justice.


                           Order of Procedure

  Mr. LOTT. Mr. Chief Justice, in an effort to get an agreement on how 
to proceed, it is very important that all parties are aware of the 
procedures that we are outlining and that those include Senators on 
both sides of the aisle, the House managers, the White House, the 
attorneys for the witnesses. So it does take time.
  Just as we were prepared to come in at 2 and move to a resolution, 
questions were raised about a couple specific points. We feel like 
those questions need to be clarified for certainty. Rather than 
continue to recess hour to hour, which I know is not fair to the Chief 
Justice, I think it would be better at this point to make sure Senators 
are aware that we are working to get an agreement on this procedure, 
and we need to get that done today so the depositions can get underway 
with the attorneys consulting with their clients Friday and Saturday, 
and hopefully, the depositions will begin on Sunday and Monday, and 
hopefully, completed

[[Page S1070]]

by Tuesday. But we are working on the details of that.
  This still could very well require a vote or two today or even 
tomorrow. But we will make that announcement once it is clear that it 
is going to take a recorded vote of one or more and exactly how that 
would work.
  So, we will keep the Chief Justice notified of the expected 
timeframe, and as information becomes available as to exactly when we 
will come back into session, and whether or not or how many votes will 
be required. We will get that information to Senators.


                Recess Subject to the Call of the Chair

  Mr. LOTT. In view of all that, I ask unanimous consent that the 
Senate stand in recess subject to the call of the Chair.
  There being no objection, at 2:03 p.m., the Senate recessed subject 
to the call of the Chair.
  The Senate reassembled at 5:31 p.m., when called to order by the 
Chief Justice.
  The CHIEF JUSTICE. The majority leader is recognized.
  Mr. LOTT. Thank you, Mr. Chief Justice.
  I thought we were ready to proceed. I see Senator Daschle is not on 
the floor. He should be back momentarily. Maybe I can explain a few 
details. He is returning now. We may still need a little more time.
  We thank you for your patience, and our colleagues on both sides for 
their patience, as we have tried to work through the details of these 
resolutions and how to proceed with the depositions. There are a lot of 
details to it and everybody needs to be relatively comfortable they 
understand how that will work. That is why it has taken this additional 
time.
  I think we are to the point where we are ready to proceed. I believe 
the way it will proceed is that we will have a resolution that I will 
send to the desk, followed by a substitute from Senator Daschle. Then 
Senator Daschle has indicated that they may want to have a motion to go 
straight to the articles of impeachment. That would require three 
votes. Then we also, at that point, would make it clear the depositions 
would begin on Monday, the 1st. It is our intent to then go to those 
three votes. I also understand that both sides are willing to waive--
the parties--willing to waive the debate time on these issues.
  With that explanation, I begin that process.


   Relating to the Procedures Concerning the Articles of Impeachment 
                   Against William Jefferson Clinton

  Mr. LOTT. I send a resolution to the desk and ask that it be read in 
its entirety by the clerk, and time for the two parties be waived.
  The CHIEF JUSTICE. The clerk will read the resolution in its 
entirety.
  Mr. LOTT. I believe there was a request for unanimous consent.
  The CHIEF JUSTICE. Without objection, the request is agreed to.
  The legislative clerk read as follows:

       A resolution (S. Res. 30) 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 video tape 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 
     re-opening 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 any pending motions and amendments thereto and then 
     on the articles of impeachment no later than 12:00 noon on 
     Friday, February 12, 1999.

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 S. Res. 16, 106th Congress, 1st 
     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, 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 
     record during 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 employees of the Senate 
     whose presence is required to assist the presiding officers 
     in presiding over the depositions, or for other purposes, as 
     determined after consultation by the Majority Leader with 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 
     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

[[Page S1071]]

     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, 100th Congress, 1st Session, 2 U.S.C. 
     Sec. Sec. 191, 192, 194, 288b, 288d, 288f, 18 U.S.C. 
     Sec. Sec. 6002, 6005, and 28 U.S.C. Sec. 1365. The Secretary 
     shall arrange for stenographic assistance, including 
     videotaping, to record the depositions as provided in section 
     5. 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 Secretary shall notify the Managers on the 
     part of the House, and counsel for the President, of this 
     resolution.

  The CHIEF JUSTICE. The Chair recognizes the minority leader.


                            Amendment No. 1

  Mr. DASCHLE. Mr. Chief Justice, I have an amendment that I send to 
the desk.
  The CHIEF JUSTICE. The clerk will read the amendment.
  The legislative clerk read as follows:

       The Senator from South Dakota [Mr. Daschle] proposes an 
     amendment numbered 1.
       In the resolution strike all after the word ``that'' in the 
     first line and insert the following:

     ``the deposition time for all witnesses to be deposed be 
     limited to no later than close of business Wednesday, 
     February 3 and that all Senators have an opportunity to 
     review all deposition material, which shall be made available 
     at the earliest possible time.
       ``When the Senate reconvenes the trial at 10 a.m. on 
     Saturday, February 6 it shall be in order to resolve any 
     objections that may not be resolved regarding the 
     depositions; after these deposition objections have been 
     disposed of, it shall be in order for the House managers and/
     or the White House counsel to make a motion, or motions to 
     admit the depositions or portions thereof into evidence, such 
     motions shall be limited to transcribed deposition material 
     only;
       ``On Monday, February 8 there shall be 4 hours equally 
     divided for closing arguments; with the White House using the 
     first 2 hours and the House Republican managers using the 
     final 2 hours; that
       ``Upon the completion of the closing arguments the Senate 
     shall begin final deliberation on the articles; a timely 
     filed motion to suspend the rules and open these deliberation 
     shall be in order; upon the completion of these deliberations 
     the Senate shall, without any intervening action, amendment, 
     motion or debate, vote on the articles of impeachment.
       ``Provided further, That the votes on the articles shall 
     occur no later than 12 noon Friday, February 12.''

  The CHIEF JUSTICE. The Chair recognizes the Senator from Utah, Mr. 
Hatch.
  Mr. HATCH. Parliamentary inquiry, Mr. Chief Justice: Does the 
majority leader's resolution, does that also keep open the right of 
Senators to file----
  The CHIEF JUSTICE. The Parliamentarian says it takes a unanimous 
consent for a parliamentary inquiry.
  Mr. HATCH. I ask unanimous consent I be permitted to ask one 
question.
  The CHIEF JUSTICE. Is there objection?
  Without objection, it is so ordered.
  Mr. HATCH. Does the majority leader's resolution allow for the filing 
and consideration of motions that may not be mentioned in the 
resolution itself?
  The CHIEF JUSTICE. The Parliamentarian tells me it is never the 
function of the Chair to interpret a resolution.
  Mr. LOTT addressed the Chair.
  The CHIEF JUSTICE. The majority leader.
  Mr. LOTT. I believe the regular order is, now we would go to a vote 
on the two resolutions. Just for the information of the Senators, after 
that, Senator Daschle may have a motion, again, as I indicated earlier, 
just to go to a vote on the articles of impeachment.
  So there could be three votes now, in order, without intervening 
debate. After that, Senator Daschle and I will formally lock in the 
beginning time for the depositions.
  I yield the floor.
  The CHIEF JUSTICE. The first vote will be on the amendment from the 
minority leader, the Senator from South Dakota.
  The yeas and nays are required.
  The clerk will call the roll.
  The legislative clerk called the roll.
  Mr. NICKLES. I announce that the Senator from Colorado [Mr. Allard] 
is necessarily absent.
  Mr. REID. I announce that the Senator from Maryland [Ms. Mikulski] is 
absent because of illness.
  I further announce that, if present and voting, the Senator from 
Maryland [Ms. Mikulski] would vote ``aye.''
  The result was announced--yeas 44, nays 54, as follows:

                         [Rollcall Vote No. 6]

            [Subject: Daschle amendment No. 1 to S. Res. 30]

                                YEAS--44

     Akaka
     Baucus
     Bayh
     Biden
     Bingaman
     Boxer
     Breaux
     Bryan
     Byrd
     Cleland
     Conrad
     Daschle
     Dodd
     Dorgan
     Durbin
     Edwards
     Feingold
     Feinstein
     Graham
     Harkin
     Hollings
     Inouye
     Johnson
     Kennedy
     Kerrey
     Kerry
     Kohl
     Landrieu
     Lautenberg
     Leahy
     Levin
     Lieberman
     Lincoln
     Moynihan
     Murray
     Reed
     Reid
     Robb
     Rockefeller
     Sarbanes
     Schumer
     Torricelli
     Wellstone
     Wyden

                                NAYS--54

     Abraham
     Ashcroft
     Bennett
     Bond
     Brownback
     Bunning
     Burns
     Campbell
     Chafee
     Cochran
     Collins
     Coverdell
     Craig
     Crapo
     DeWine
     Domenici
     Enzi
     Fitzgerald
     Frist
     Gorton
     Gramm
     Grams
     Grassley
     Gregg
     Hagel
     Hatch
     Helms
     Hutchinson
     Hutchison
     Inhofe
     Jeffords
     Kyl
     Lott
     Lugar
     Mack
     McCain
     McConnell
     Murkowski
     Nickles
     Roberts
     Roth
     Santorum
     Sessions
     Shelby
     Smith (NH)
     Smith (OR)
     Snowe
     Specter
     Stevens
     Thomas
     Thompson
     Thurmond
     Voinovich
     Warner

                             NOT VOTING--2

     Allard
     Mikulski
       
  The amendment (No. 1) was rejected.
  The CHIEF JUSTICE. The question is on agreeing to S. Res. 30, the 
resolution offered by Senator Lott. On this question, the yeas and nays 
are called for.
  Mr. DASCHLE addressed the Chair.
  The CHIEF JUSTICE. The Chair recognizes the minority leader.
  Mr. DODD. Mr. Chief Justice, the Senate is not in order.
  The CHIEF JUSTICE. The Senate will be in order.


                            Amendment No. 2

  Mr. DASCHLE. Mr. Chief Justice, I send an amendment to the desk.
  The CHIEF JUSTICE. The clerk will report.
  The legislative clerk read as follows:

       The Senator from South Dakota (Mr. Daschle) proposes an 
     amendment numbered 2.
       In the resolution strike all after the word ``that'' in the 
     first line and insert the following:

     ``the Senate now proceed to closing arguments; that there be 
     2 hours for the White House counsel followed by 2 hours for 
     the House managers; and that at the conclusion of this time 
     the Senate proceed to vote, on each of the articles, without 
     intervening action, motion or debate, except for 
     deliberations, if so decided by the Senate.''

  The CHIEF JUSTICE. The question is on the amendment just read. The 
yeas and nays are automatic. The clerk will call the roll.
  The legislative clerk called the roll.
  Mr. NICKLES. I announce that the Senator from Colorado [Mr. Allard] 
is necessarily absent.
  Mr. REID. I announce that the Senator from Maryland [Ms. Mikulski] is 
absent because of illness.
  I further announce that, if present and voting, the Senator from 
Maryland [Ms. Mikulski] would vote ``aye.''
  The result was announced--yeas 43, nays 55, as follows:

                         [Rollcall Vote No. 7]

                   [Subject: Daschle amendment No. 2]

                                YEAS--43

     Akaka
     Baucus
     Bayh
     Biden
     Bingaman
     Boxer
     Breaux
     Bryan
     Byrd
     Cleland
     Conrad
     Daschle
     Dodd
     Dorgan
     Durbin
     Edwards
     Feinstein
     Graham
     Harkin
     Hollings
     Inouye
     Johnson
     Kennedy
     Kerrey
     Kerry
     Kohl
     Landrieu
     Lautenberg
     Leahy
     Levin
     Lieberman
     Lincoln
     Moynihan
     Murray
     Reed
     Reid
     Robb
     Rockefeller
     Sarbanes
     Schumer
     Torricelli
     Wellstone
     Wyden

                                NAYS--55

     Abraham
     Ashcroft
     Bennett
     Bond
     Brownback
     Bunning
     Burns
     Campbell
     Chafee
     Cochran
     Collins
     Coverdell
     Craig
     Crapo
     DeWine
     Domenici
     Enzi
     Feingold
     Fitzgerald
     Frist
     Gorton
     Gramm
     Grams
     Grassley
     Gregg
     Hagel
     Hatch

[[Page S1072]]


     Helms
     Hutchinson
     Hutchison
     Inhofe
     Jeffords
     Kyl
     Lott
     Lugar
     Mack
     McCain
     McConnell
     Murkowski
     Nickles
     Roberts
     Roth
     Santorum
     Sessions
     Shelby
     Smith (NH)
     Smith (OR)
     Snowe
     Specter
     Stevens
     Thomas
     Thompson
     Thurmond
     Voinovich
     Warner

                             NOT VOTING--2

     Allard
     Mikulski
       
  The amendment (No. 2) was rejected.
  The CHIEF JUSTICE. The majority leader.
  Mr. LOTT. Mr. Chief Justice, I suggest the absence of a quorum.
  The CHIEF JUSTICE. The clerk will call the roll.
  The assistant legislative clerk proceeded to call the roll.
  Mr. LOTT. Mr. Chief Justice, I ask unanimous consent that the order 
for the quorum call be rescinded.
  The CHIEF JUSTICE. Without objection, it is so ordered.
  Mr. LEAHY. Mr. Chief Justice, may we have order, please?
  The CHIEF JUSTICE. The Senate will be in order.


                            Amendment No. 3

  Mr. LOTT. Mr. Chief Justice, I send an amendment to the desk 
modifying the last paragraph of page 3.
  The CHIEF JUSTICE. The clerk will report the amendment.
  The legislative clerk read as follows:

       The Senator from Mississippi [Mr. Lott] proposes an 
     amendment numbered 3.
       On page 3, strike the words ``any pending motions and 
     amendments thereto and then on'' and insert the following at 
     the end of page 3 ``strike the period and insert, if all 
     motions are disposed of and final deliberations are 
     completed.''

  Mr. LOTT. Mr. Chief Justice, I ask unanimous consent that the 
amendment be agreed to and that the motion to reconsider be laid upon 
the table.
  The CHIEF JUSTICE. Without objection, it is so ordered.
  The amendment (No. 3) was agreed to.
  The CHIEF JUSTICE. The question is on the resolution, as amended. The 
yeas and nays are automatic. The clerk will call the roll.
  The legislative clerk called the roll.
  Mr. NICKLES. I announce that the Senator from Colorado [Mr. Allard] 
is necessarily absent.
  Mr. REID. I announce that the Senator from Maryland [Ms. Mikulski] is 
absent because of illness.
  I further announce that, if present and voting, the Senator from 
Maryland [Ms. Mikulski] would vote ``aye.''
  The result was announced--yeas 54, nays 44, as follows:

                         [Rollcall Vote No. 8]

                    [Subject: S. Res. 30 as amended]

                                YEAS--54

     Abraham
     Ashcroft
     Bennett
     Bond
     Brownback
     Bunning
     Burns
     Campbell
     Chafee
     Cochran
     Collins
     Coverdell
     Craig
     Crapo
     DeWine
     Domenici
     Enzi
     Fitzgerald
     Frist
     Gorton
     Gramm
     Grams
     Grassley
     Gregg
     Hagel
     Hatch
     Helms
     Hutchinson
     Hutchison
     Inhofe
     Jeffords
     Kyl
     Lott
     Lugar
     Mack
     McCain
     McConnell
     Murkowski
     Nickles
     Roberts
     Roth
     Santorum
     Sessions
     Shelby
     Smith (NH)
     Smith (OR)
     Snowe
     Specter
     Stevens
     Thomas
     Thompson
     Thurmond
     Voinovich
     Warner

                                NAYS--44

     Akaka
     Baucus
     Bayh
     Biden
     Bingaman
     Boxer
     Breaux
     Bryan
     Byrd
     Cleland
     Conrad
     Daschle
     Dodd
     Dorgan
     Durbin
     Edwards
     Feingold
     Feinstein
     Graham
     Harkin
     Hollings
     Inouye
     Johnson
     Kennedy
     Kerrey
     Kerry
     Kohl
     Landrieu
     Lautenberg
     Leahy
     Levin
     Lieberman
     Lincoln
     Moynihan
     Murray
     Reed
     Reid
     Robb
     Rockefeller
     Sarbanes
     Schumer
     Torricelli
     Wellstone
     Wyden

                             NOT VOTING--2

     Allard
     Mikulski
       
  The resolution (S. Res. 30), as amended, was agreed to.
  The CHIEF JUSTICE. The Chair recognizes the majority leader.


                        Modification To Title II

  Mr. LOTT. Mr. Chief Justice, with regard to the beginning of the 
depositions, I ask unanimous consent that title II of S. Res. 30 be 
modified with the language I send to the desk.
  The CHIEF JUSTICE. Without objection, it is so ordered.
  The modification follows:

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. Jordon, 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.

  The resolution (S. Res. 30), as amended, as modified, reads as 
follows:

                               S. Res. 30

       Resolved,

[[Page S1073]]

  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. Jordon, 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.


                      Unanimous-Consent Agreement

  Mr. LOTT. Mr. chief Justice, I ask unanimous consent that the 
unanimous consent agreement I send to the desk be agreed to. This all 
deals with the taking of depositions.
  The CHIEF JUSTICE. Without objection, it is so ordered.
  The text of the unanimous consent agreement reads as follows:

       I ask unanimous consent that the time and place to take 
     depositions in the trial of the articles of impeachment 
     against William Jefferson Clinton be decided jointly by the 
     majority leader, and the Democratic leader, and shall be set 
     forth in each subpoena.
       I further ask unanimous consent that the opportunity for 
     taking depositions of Monica Lewinsky, Vernon Jordan and 
     Sidney Blumenthal expires when the Senate convenes on 
     Thursday, Feb. 4, 1999.
       Finally I ask unanimous consent that each deposition may 
     last no more than 8 hours, unless the majority leader, and 
     the Democratic leader determine on a deposition-by-deposition 
     basis, to extend the time of the deposition, and all the time 
     allotted for examination shall be divided equally between the 
     parties, and time consumed by objections shall not be charged 
     to either objecting party.

  Mr. LOTT. Now, I understand, Mr. Chief Justice, that the Democratic 
leader is prepared to agree that the depositions will begin on Monday, 
February 1, and with this having been decided, and the vote we just 
took, we have discussed the schedule for the remainder of the week. In 
view of the fact that at this point the parties will begin to prepare 
for depositions and the depositions will begin on Monday, Members will 
not be expected to be here for any business before Wednesday, but we 
could be required to have a session Wednesday afternoon.
  I want to emphasize that as the deposition material becomes 
available, we will have the Sergeant at Arms have it in a room for 
Members to begin to review. So beginning Tuesday, Senators who would 
like to begin reviewing the depositions, the material in the 
depositions, it will be available in installments as it becomes 
available on Tuesday. So you would have that opportunity Tuesday and 
Wednesday. Not

[[Page S1074]]

later than Thursday, then, we would go to the next phase of our 
agreement that we have voted on.
  At this time, we are notifying the Members that there will be no 
further recorded votes and no further business while we await returning 
of the depositions through Friday, Saturday, Sunday, Monday, and 
Tuesday, but Members should expect to be here on Wednesday and they 
would need to be here on Wednesday, in order to begin to make sure they 
have had time to review the documents, the deposition material, so that 
we can proceed, then, on Thursday.
  Mr. HARKIN. Will the Senator yield?
  Mr. LOTT. I yield.
  Mr. HARKIN. Are Senators allowed to attend these depositions or not?
  Mr. LOTT. Under the agreement we just passed, Mr. Chief Justice, if I 
may proceed and respond to that question.
  The CHIEF JUSTICE. Without objection.
  Mr. LOTT. There will be a Senator from each side at the depositions 
who will preside over the depositions. Senator Daschle and I also will 
have certain staff there, but a Senator other than the two presiding 
Senators would not be in order to what we agreed to. There will be one 
from each side who will be presiding and will actually make 
determinations when objections are made.


                              Adjournment

  Mr. LOTT. I now ask unanimous consent that the Court of Impeachment 
stand in adjournment until the hour of 1 p.m. on Thursday, February 4.
  The motion was agreed to; and at 6:34 p.m. the Senate, sitting as a 
Court of Impeachment, adjourned until Thursday, February 4, 1999, at 1 
p.m.

                          ____________________