[Congressional Record Volume 165, Number 206 (Thursday, December 19, 2019)]
[Senate]
[Pages S7225-S7226]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                              IMPEACHMENT

  Mr. McCONNELL. Mr. President, for the information of all of our 
colleagues, earlier this afternoon, my friend the Democratic leader and 
I had a cordial conversation. We discussed a potential path forward 
following the House Democrats' precedent-breaking impeachment of 
President Trump. Our conversation was cordial, but my friend from New 
York continues to insist on departing from the unanimous bipartisan 
precedent that 100 Senators approved before the beginning of President 
Clinton's trial.
  Back in 1999, Senators recognized that there might well be 
disagreements about questions that would arise at the middle and end of 
the trial, such as witnesses. Here is what happened: All 100 Senators 
endorsed a commonsense solution. We divided the process into two 
stages. The first resolution passed unanimously before the trial began. 
It laid the groundwork, such as scheduling and structured early steps 
like opening arguments. Mid-trial questions such as witnesses were left 
until the middle of the trial when Senators could make a more informed 
judgment about that more contentious issue. All 100 Senators, including 
me, including Mr. Schumer, and a number of our colleagues on both sides 
who were here in 1999 endorsed the first resolution as a bipartisan, 
minimalist first step.
  As of today, however, we remain at an impasse because my friend the 
Democratic leader continues to demand a new and different set of rules 
for President Trump. He wants to break from that unanimous bipartisan 
precedent and force an all-or-nothing approach. My colleague wants a 
special pretrial guarantee of certain witnesses whom the House 
Democrats themselves

[[Page S7226]]

did not bother to pursue as they assembled their case, or he wants to 
proceed without giving any organizational resolution whatsoever. As I 
said, we remain at an impasse on these logistics.
  For myself, I continue to believe that the unanimous bipartisan 
precedent that was good enough for President Clinton ought to be good 
enough for President Trump. Fair is fair.
  Now, of course, there is the matter of the Articles of Impeachment 
themselves. It is a highly unusual step. The House continues to hem and 
haw about whether and when she intends to take the normal next step and 
transmit the House's accusations over here to the Senate. Some House 
Democrats imply they are withholding the articles for some kind of 
leverage so they can dictate the Senate process to Senators.
  I admit, I am not sure what leverage there is in refraining from 
sending us something we do not want; but, alas, if they can figure that 
out, they can explain it. Meanwhile, other House Democrats seem to be 
suggesting they prefer never to transmit the articles. That is fine 
with me, and the Speaker of the House herself has been unclear on this. 
Her message has been somewhat muddled.
  So here is where we are, Mr. President. We have a curious situation 
where, following House Democrats' rush to impeachment, following weeks 
of pronouncement about the urgency of the situation, the prosecutors 
appear to have developed cold feet. The House Democrat prosecution 
seems to have gotten cold feet and to be unsure of whether they even 
want to proceed to the trial.
  As I said, a very unusual spectacle and, in my view, certainly not 
one that reflects well on the House. So we will see whether House 
Democrats ever want to work up the courage to actually take their 
accusations to trial.
  Let me close with this: I am proud that the Senate came together 
today to confirm more well-qualified nominees and to pass major 
legislation for the American people.
  I wish all of my colleagues a merry Christmas, happy holidays, and a 
joyous new year. I hope everyone enjoys this important time with their 
families and loved ones. We will see you in 2020.

                          ____________________