[Congressional Record Volume 156, Number 106 (Monday, July 19, 2010)]
[Senate]
[Pages S5988-S5989]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                   IMPEACHMENT TRIAL COMMITTEE RULES

  Mrs. McCASKILL. Mr. President, on April 13, 2010, the Impeachment 
Trial Committee on the Articles of Impeachment Against Judge G. Thomas 
Porteous, Jr., adopted two rules to govern aspects of its pretrial 
proceedings. On July 14, 2010, the committee adopted two additional 
rules.
  The first rule, adopted pursuant to rule 26.7(a)(1) of the Standing 
Rules of the Senate, establishes seven members as the committee quorum. 
In the interest of fairness and continuity, and consistent with prior 
impeachment trials, the committee adopted this rule and established a 
``natural'' quorum of at least seven of its members to receive evidence 
and conduct the business of the committee.
  The second rule delegates the authority of the committee to the 
chairman

[[Page S5989]]

and vice chairman to conduct the daily operations of the committee. 
This includes, but is not limited to, hiring staff, issuing 
administrative orders, ensuring compliance with those orders, 
communicating with counsel for the parties, determining a course of 
proceeding, and for any other purposes necessary for the committee to 
discharge its responsibilities and address any other administrative or 
procedural matters.
  The third rule delegates to the chairman, in consultation with the 
vice chairman, the committee's authority to issue subpoenas for 
witnesses called to testify or produce documents during all committee 
proceedings. Senate impeachment rule XI grants to the Impeachment Trial 
Committee the power granted by Senate impeachment rule VI to the Senate 
``to compel the attendance of witnesses.''
  The fourth rule, adopted pursuant to rule 26.7(a)(2) of the Standing 
Rules of the Senate, reduces to one member the committee quorum for 
taking sworn pretrial testimony. Judge Porteous has asked to examine 
certain witnesses in advance of the committee's evidentiary hearings, 
which will begin on September 13, 2010. Although the pretrial 
examination of witnesses in a Senate impeachment trial remains rare, 
the committee has concluded that it should, in the circumstances of the 
present impeachment, permit a limited number of them. The rule 
implements the committee's determination that pretrial examinations may 
proceed before a quorum of one member. As with prior impeachment 
proceedings, and pursuant to the rules of this committee, the 
evidentiary hearings will take place in the presence of a natural 
quorum of at least 7 of its 12 members.
  I ask unanimous consent to have those rules printed in the Record.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:


                    RULE 1--DELEGATION OF AUTHORITY

       The Chairman and Vice Chairman are delegated the authority 
     to communicate as necessary with House counsel and counsel to 
     Judge Porteous, for the purpose of determining a course of 
     proceeding, pretrial and trial scheduling, and for any other 
     purposes necessary for the Committee to discharge its 
     responsibilities. The Chairman and Vice Chairman are further 
     delegated the authority to address any other administrative 
     or procedural matters necessary for the Committee to 
     discharge its responsibilities.


                 RULE 2--QUORUM FOR RECEIVING EVIDENCE

       A natural number of seven members shall constitute a quorum 
     for the purpose of receiving evidence.


                           RULE 3--SUBPOENAS

       The Chairman and Vice Chairman are delegated the authority 
     to issue subpoenas on behalf of the Committee.


          RULE 4--QUORUM FOR THE TAKING OF PRETRIAL TESTIMONY

       One member shall constitute a quorum for the purpose of a 
     pretrial examination of a witness at which sworn testimony is 
     heard and evidence taken.

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