[Congressional Record Volume 166, Number 21 (Friday, January 31, 2020)]
[Senate]
[Pages S771-S772]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 1297. Mr. SCHUMER proposed an amendment to the resolution S. Res.
488, to provide for related procedures concerning the articles of
impeachment against Donald John Trump, President of the United States;
as follows:
At the appropriate place in the matter following the
resolving clause, insert the following:
Notwithstanding any other provision of this resolution,
pursuant to rules V and VI of the Rules of Procedure and
Practice in the Senate When Sitting on Impeachment Trials,
the Chief Justice of the United States, through the Secretary
of the Senate, shall issue a subpoena for the taking of
testimony on oral deposition and subsequent testimony before
the Senate of John Robert Bolton, and the Sergeant at Arms is
authorized to utilize the services of the Deputy Sergeant at
Arms or any other employee of the Senate in serving the
subpoena authorized to be issued by this paragraph.
The deposition authorized by this resolution shall be taken
before, and presided over by, the Chief Justice of the United
States, who shall administer to the witness the oath
prescribed by rule XXV of the Rules of Procedure and Practice
in the Senate When Sitting on Impeachment Trials. The Chief
Justice shall have authority to rule, as an initial matter,
upon any question arising out of
[[Page S772]]
the deposition. All objections to a question shall be noted
by the Chief Justice upon the record of the deposition but
the examination shall proceed, and the witness shall answer
such question. The 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.
Examination of the witness at a deposition shall be
conducted by the Managers on the part of the House of
Representatives or their counsel, and by counsel for the
President. The witness shall be examined by not more than 2
persons each on behalf of the Managers and counsel for the
President. The witness may be accompanies by counsel. The
scope of the examination by the Managers and counsel for both
parties shall be limited to subject matters reflected in the
Senate record. The party taking a deposition shall present to
the other party, not less than 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 the witness as if the witness were declared
adverse.
The deposition shall be videotaped and a transcript of the
proceeding shall be made. The deposition shall be conducted
in private. No person shall be admitted to the deposition
except for the following: The witness, counsel for the
witness, the Managers on the part of the House of
Representatives, counsel for the Managers, counsel for the
President, and the Chief Justice; further, such persons whose
presence is required to make and preserve a record of the
proceeding in videotaped and transcript forms, and staff
members to the Chief Justice whose presence is required to
assist the Chief Justice in presiding over the deposition, or
for other purposes, as determined by the Chief Justice. All
persons present must maintain the confidentiality of the
proceeding.
The Chief Justice at the deposition shall file the
videotaped and transcribed records of the deposition 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 videotapes 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
paragraph.
The deposition 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, sections 101,
102, and 104 of the Revised Statutes (2 U.S.C. 191, 192, and
194), sections 703, 705, and 707 of the Ethics in Government
Act of 1978 (2 U.S.C. 288b, 288d, and 288f), sections 6002
and 6005 of title 18, United States Code, and section 1365 of
title 28, United States Code. The Secretary of the Senate
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.
The deposition authorized by this resolution may be
conducted for a period of time not to exceed 1 day. The
period of time for the subsequent testimony before the Senate
authorized by this resolution shall not exceed 1 day. The
deposition and the subsequent testimony before the Senate
shall both be completed not later than 5 days after the date
on which this resolution is adopted.
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