Congressional Record, Volume 166 Issue 24 (Wednesday, February 5, 2020)

[Congressional Record Volume 166, Number 24 (Wednesday, February 5, 2020)]
[Senate]
[Pages S936-S939]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

TRIAL OF DONALD J. TRUMP, PRESIDENT OF THE UNITED STATES

The CHIEF JUSTICE. The Senate will convene as a Court of Impeachment.

The Journal

The CHIEF JUSTICE. If there is no objection, the Journal of
proceedings of the trial is approved to date.
The Deputy Sergeant at Arms, Jennifer Hemingway, will make the
proclamation.
The Deputy Sergeant at Arms, Jennifer Hemingway, 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
Donald John Trump, President of the United States.
As a reminder to everyone in the Chamber, as well as those
in the Galleries, demonstrations of approval or disapproval
are prohibited.

The CHIEF JUSTICE. The majority leader is recognized.
Mr. McCONNELL. Mr. Chief Justice, the Senate is now ready to vote on
the Articles of Impeachment, and after that is done, we will adjourn
the Court of Impeachment.

Article I

The CHIEF JUSTICE. The clerk will now read the first Article of
Impeachment.
The senior assistant legislative clerk read as follows:

article i: abuse of power

[[Page S937]]

acts of significant value to Ukraine on its public
announcement of the investigations. President Trump engaged
in this scheme or course of conduct for corrupt purposes in
pursuit of personal political benefit. In so doing, President
Trump used the powers of the Presidency in a manner that
compromised the national security of the United States and
undermined the integrity of the United States democratic
process. He thus ignored and injured the interests of the
Nation.
President Trump engaged in this scheme or course of conduct
through the following means:
(1) President Trump--acting both directly and through his
agents within and outside the United States Government--
corruptly solicited the Government of Ukraine to publicly
announce investigations into--
(A) a political opponent, former Vice President Joseph R.
Biden, Jr.; and
(B) a discredited theory promoted by Russia alleging that
Ukraine--rather than Russia--interfered in the 2016 United
States Presidential election.
(2) With the same corrupt motives, President Trump--acting
both directly and through his agents within and outside the
United States Government--conditioned two official acts on
the public announcements that he had requested--
(A) the release of $391 million of United States taxpayer
funds that Congress had appropriated on a bipartisan basis
for the purpose of providing vital military and security
assistance to Ukraine to oppose Russian aggression and which
President Trump had ordered suspended; and
(B) a head of state meeting at the White House, which the
President of Ukraine sought to demonstrate continued United
States support for the Government of Ukraine in the face of
Russian aggression.
(3) Faced with the public revelation of his actions,
President Trump ultimately released the military and security
assistance to the Government of Ukraine, but has persisted in
openly and corruptly urging and soliciting Ukraine to
undertake investigations for his personal political benefit.
These actions were consistent with President Trump's
previous invitations of foreign interference in United States
elections.
In all of this, President Trump abused the powers of the
Presidency by ignoring and injuring national security and
other vital national interests to obtain an improper personal
political benefit. He has also betrayed the Nation by abusing
his high office to enlist a foreign power in corrupting
democratic elections.
Wherefore President Trump, by such conduct, has
demonstrated that he will remain a threat to national
security and the Constitution if allowed to remain in office,
and has acted in a manner grossly incompatible with self-
governance and the rule of law. President Trump thus warrants
impeachment and trial, removal from office, and
disqualification to hold and enjoy any office of honor,
trust, or profit under the United States.

Vote on Article I

The CHIEF JUSTICE. Each Senator, when his or her name is called, will
stand at his or her place and vote guilty or not guilty, as required by
rule XXIII of the Senate Rules on Impeachment.
Article I, section 3, clause 6 of the Constitution regarding the vote
required for conviction on impeachment provides that no person shall be
convicted without the concurrence of two-thirds of the Members present.
The question is on the first Article of Impeachment. Senators, how
say you? Is the respondent, Donald John Trump, guilty or not guilty?
A rollcall vote is required.
The clerk will call the roll.
The legislative clerk called the roll.
The result was announced--guilty 48, not guilty 52, as follows:

[Rollcall Vote No. 33]

GUILTY--48

Baldwin
Bennet
Blumenthal
Booker
Brown
Cantwell
Cardin
Carper
Casey
Coons
Cortez Masto
Duckworth
Durbin
Feinstein
Gillibrand
Harris
Hassan
Heinrich
Hirono
Jones
Kaine
King
Klobuchar
Leahy
Manchin
Markey
Menendez
Merkley
Murphy
Murray
Peters
Reed
Romney
Rosen
Sanders
Schatz
Schumer
Shaheen
Sinema
Smith
Stabenow
Tester
Udall
Van Hollen
Warner
Warren
Whitehouse
Wyden

NOT GUILTY--52

Alexander
Barrasso
Blackburn
Blunt
Boozman
Braun
Burr
Capito
Cassidy
Collins
Cornyn
Cotton
Cramer
Crapo
Cruz
Daines
Enzi
Ernst
Fischer
Gardner
Graham
Grassley
Hawley
Hoeven
Hyde-Smith
Inhofe
Johnson
Kennedy
Lankford
Lee
Loeffler
McConnell
McSally
Moran
Murkowski
Paul
Perdue
Portman
Risch
Roberts
Rounds
Rubio
Sasse
Scott (FL)
Scott (SC)
Shelby
Sullivan
Thune
Tillis
Toomey
Wicker
Young
The CHIEF JUSTICE. On this Article of Impeachment, 48 Senators have
pronounced Donald John Trump, President of the United States, guilty as
charged; 52 Senators have pronounced him not guilty as charged.
Two-thirds of the Senators present not having pronounced him guilty,
the Senate adjudges that the Respondent, Donald John Trump, President
of the United States, is not guilty as charged on the first Article of
Impeachment.

Article II

The clerk will read the second Article of Impeachment.
The legislative clerk read as follows:

article ii: obstruction of congress

The Constitution provides that the House of Representatives
``shall have the sole Power of Impeachment'' and that the
President ``shall be removed from Office on Impeachment for,
and Conviction of, Treason, Bribery, or other high Crimes and
Misdemeanors''. In his conduct of the office of President of
the United States--and in violation of his constitutional
oath faithfully to execute the office of President of the
United States and, to the best of his ability, preserve,
protect, and defend the Constitution of the United States,
and in violation of his constitutional duty to take care that
the laws be faithfully executed--Donald J. Trump has directed
the unprecedented, categorical, and indiscriminate defiance
of subpoenas issued by the House of Representatives pursuant
to its ``sole Power of Impeachment''. President Trump has
abused the powers of the Presidency in a manner offensive to,
and subversive of, the Constitution, in that:
The House of Representatives has engaged in an impeachment
inquiry focused on President Trump's corrupt solicitation of
the Government of Ukraine to interfere in the 2020 United
States Presidential election. As part of this impeachment
inquiry, the Committees undertaking the investigation served
subpoenas seeking documents and testimony deemed vital to the
inquiry from various Executive Branch agencies and offices,
and current and former officials.
In response, without lawful cause or excuse, President
Trump directed Executive Branch agencies, offices, and
officials not to comply with those subpoenas. President Trump
thus interposed the powers of the Presidency against the
lawful subpoenas of the House of Representatives, and assumed
to himself functions and judgments necessary to the exercise
of the ``sole Power of Impeachment'' vested by the
Constitution in the House of Representatives.
President Trump abused the powers of his high office
through the following means:
(1) Directing the White House to defy a lawful subpoena by
withholding the production of documents sought therein by the
Committees.
(2) Directing other Executive Branch agencies and offices
to defy lawful subpoenas and withhold the production of
documents and records from the Committees--in response to
which the Department of State, Office of Management and
Budget, Department of Energy, and Department of Defense
refused to produce a single document or record.
(3) Directing current and former Executive Branch officials
not to cooperate with the Committees--in response to which
nine Administration officials defied subpoenas for testimony,
namely John Michael ``Mick'' Mulvaney, Robert B. Blair, John
A. Eisenberg, Michael Ellis, Preston Wells Griffith, Russell
T. Vought, Michael Duffey, Brian McCormack, and T. Ulrich
Brechbuhl.
These actions were consistent with President Trump's
previous efforts to undermine United States Government
investigations into foreign interference in United States
elections.
Through these actions, President Trump sought to arrogate
to himself the right to determine the propriety, scope, and
nature of an impeachment inquiry into his own conduct, as
well as the unilateral prerogative to deny any and all
information to the House of Representatives in the exercise
of its ``sole Power of Impeachment''. In the history of the
Republic, no President has ever ordered the complete defiance
of an impeachment inquiry or sought to obstruct and impede so
comprehensively the ability of the House of Representatives
to investigate ``high Crimes and Misdemeanors''. This abuse
of office served to cover up the President's own repeated
misconduct and to seize and control the power of
impeachment--and thus to nullify a vital constitutional
safeguard vested solely in the House of Representatives.
In all of this, President Trump has acted in a manner
contrary to his trust as President and subversive of
constitutional government, to the great prejudice of the
cause of law and justice, and to the manifest injury of the
people of the United States.
Wherefore, President Trump, by such conduct, has
demonstrated that he will remain a threat to the Constitution
if allowed to remain in office, and has acted in a manner
grossly incompatible with self-governance and the rule of
law. President Trump thus warrants impeachment and trial,
removal from office, and disqualification to hold and enjoy
any office of honor, trust, or profit under the United
States.

Vote on Article II

The CHIEF JUSTICE. The question is on the second Article of
Impeachment.

[[Page S938]]

Senators, how say you? Is the respondent, Donald John Trump, guilty or
not guilty?
The clerk will call the roll.
The senior assistant legislative clerk called the roll.
The result was announced--guilty 47, not guilty 53, as follows:

[Rollcall Vote No. 34]

GUILTY--47

Baldwin
Bennet
Blumenthal
Booker
Brown
Cantwell
Cardin
Carper
Casey
Coons
Cortez Masto
Duckworth
Durbin
Feinstein
Gillibrand
Harris
Hassan
Heinrich
Hirono
Jones
Kaine
King
Klobuchar
Leahy
Manchin
Markey
Menendez
Merkley
Murphy
Murray
Peters
Reed
Rosen
Sanders
Schatz
Schumer
Shaheen
Sinema
Smith
Stabenow
Tester
Udall
Van Hollen
Warner
Warren
Whitehouse
Wyden

NOT GUILTY--53

Alexander
Barrasso
Blackburn
Blunt
Boozman
Braun
Burr
Capito
Cassidy
Collins
Cornyn
Cotton
Cramer
Crapo
Cruz
Daines
Enzi
Ernst
Fischer
Gardner
Graham
Grassley
Hawley
Hoeven
Hyde-Smith
Inhofe
Johnson
Kennedy
Lankford
Lee
Loeffler
McConnell
McSally
Moran
Murkowski
Paul
Perdue
Portman
Risch
Roberts
Romney
Rounds
Rubio
Sasse
Scott (FL)
Scott (SC)
Shelby
Sullivan
Thune
Tillis
Toomey
Wicker
Young
The CHIEF JUSTICE. On this Article of Impeachment, 47 Senators have
pronounced Donald John Trump, President of the United States, guilty as
charged; 53 Senators have pronounced him not guilty as charged; two-
thirds of the Senators present not having pronounced him guilty, the
Senate adjudges that respondent, Donald John Trump, President of the
United States, is not guilty as charged in the second Article of
Impeachment.
The Presiding Officer directs judgment to be entered in accordance
with the judgment of the Senate as follows:

The Senate, having tried Donald John Trump, President of
the United States, upon two articles of impeachment exhibited
against him by the House of Representatives, and two-thirds
of the Senators present not having found him guilty of the
charges contained therein, it is, therefore, ordered and
adjudged that the said Donald John Trump be, and he is
hereby, acquitted of the charges in said articles.

The Chair recognizes the majority leader.

Communication To The Secretary Of State And To The House Of
Representatives

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

Ordered, that the Secretary be directed to communicate to
the Secretary of State, as provided by Rule XXII of the Rules
of Procedure and Practice in the Senate when sitting on
impeachment trials, and also to the House of Representatives,
the judgment of the Senate in the case of Donald John Trump,
and transmit a certified copy of the judgment to each.

The CHIEF JUSTICE. Without objection, the order will be entered.
The majority leader is recognized.

Expression Of Gratitude To The Chief Justice Of The United States

Mr. McCONNELL. Mr. Chief Justice, before this process fully
concludes, I want to very quickly acknowledge a few of the people who
helped the Senate fulfill our duty these past weeks.
First and foremost, I know my colleagues join me in thanking Chief
Justice Roberts for presiding over the Senate trial with a clear head,
steady hand, and the forbearance that this rare occasion demands.
(Applause.)
We know full well that his presence as our Presiding Officer came in
addition to, not instead of, his day job across the street, so the
Senate thanks the Chief Justice and his staff who helped him perform
this unique role.
Like his predecessor, Chief Justice Rehnquist, the Senate will be
awarding Chief Justice Roberts the golden gavel to commemorate his time
presiding over this body. We typically award this to new Senators after
about 100 hours in the chair, but I think we can agree that the Chief
Justice has put in his due and then some.
The page is delivering the gavel.
The CHIEF JUSTICE. Thank you very much.
Mr. McCONNELL. Of course, there are countless Senate professionals
whose efforts were essential, and I will have more thorough facts to
offer next week to all of those teams, from the Secretary of the
Senate's office, to the Parliamentarian, to the Sergeant at Arms team,
and beyond.
But there are two more groups I would like to single out now. First,
the two different classes of Senate pages who participated in this
trial, their footwork and cool under pressure literally kept the floor
running. Our current class came on board right in the middle of the
third Presidential impeachment trial in American history and quickly
found themselves hand-delivering 180 question cards from Senators'
desks to the dais.
No pressure, right, guys?
So thank you all very much for your good work.
(Applause.)
Second, the fine men and women of the Capitol Police, we know that
the safety of our democracy literally rests in their hands every single
day, but the heightened measures surrounding the trial meant even more
hours and even more work and even more vigilance.
Thank you all very much for your service to this body and to the
country.
(Applause.)
The CHIEF JUSTICE. The Chair recognizes the Democratic leader.
Mr. SCHUMER. Mr. Chief Justice, I join the Republican leader in
thanking the personnel who aided the Senate over the past several
weeks. The Capitol Police do an outstanding job, day in and day out, to
protect the Members of this Chamber, their staffs, the press, and
everyone who works in and visits this Capitol.
They were asked to work extra shifts and in greater numbers provide
additional security over the past 3 weeks. Thank you to every one of
them.
I, too, would like to thank those wonderful pages. I so much enjoyed
you with your serious faces walking down right here and giving the
Chief Justice our questions. As the leader noted, the new class of
pages started midway in this impeachment trial. When you take a new
job, you are usually given a few days to take stock of things and get
up to speed.
This class was given no such leeway, but they stepped right in and
didn't miss a beat. Carrying hundreds of questions from U.S. Senators
to the Chief Justice on national television is not how most of us spend
our first week at work, but they did it with aplomb.
I would also like to extend my personal thank you to David Hauck,
Director of the Office of Accessibility Services; Tyler Pumphrey,
supervisor; and Grace Ridgeway, wonderful Director of Capitol
Facilities.
Everyone on Grace's team worked so hard to make sure we were ready
for impeachment: Gary Richardson, known affectionately to us as
``Tiny,'' the chief Chamber attendant; Jim Hoover and the cabinet shop
who built new cabinets to deprive us of the use of our electronics and
flip phones during the trial; Brenda Byrd and her team who did a
spectacular job of keeping the Capitol clean; and Lynden Webb and his
team, who moved the furniture, and then moved it again and again and
again.
Grace, we appreciate all your hard work. Please convey our sincerest
thanks to your staff. Thank you all, the whole staff, for your diligent
work through many long days and late nights during this very trying
time in our Nation's history.

Statement Of The Chief Justice Of The United States On The Senate Floor

The CHIEF JUSTICE. At this time, the Chair also wishes to make a very
brief statement.
I would like to begin by thanking the majority leader and the
Democratic leader for their support as I attempted to carry out ill-
defined responsibilities in an unfamiliar setting. They ensured that I
had wise counsel of the Senate itself through its Secretary and her
legislative staff.
I am especially grateful to the Parliamentarian and her deputy for
their unfailing patience and keen insight. I am likewise grateful to
the Sergeant at Arms and his staff for the assistance and many
courtesies that they extended during my period of required residency.
Thank you all for making my presence here as comfortable as possible.
As I depart the Chamber, I do so with an invitation to visit the
Court. By

[[Page S939]]

long tradition and in memory of the 135 years we sat in this building,
we keep the front row of the gallery in our courtroom open for Members
of Congress who might want to drop by to see an argument--or to escape
one.
I also depart with sincere good wishes as we carry out our common
commitment to the Constitution through the distinct roles assigned to
us by that charter. You have been generous hosts, and I look forward to
seeing you again under happier circumstances.
The Chair recognizes the majority leader.

____________________