[Congressional Record Volume 145, Number 16 (Thursday, January 28, 1999)]
[Senate]
[Pages S1102-S1103]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




    SENATE RESOLUTION 30--RELATIVE TO THE PROCEDURES CONCERNING THE 
       ARTICLES OF IMPEACHMENT AGAINST WILLIAM JEFFERSON CLINTON

  Mr. LOTT submitted the following resolution; which was considered and 
agreed to:

                               S. Res. 30

       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. 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

[[Page S1103]]

     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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