[Congressional Record Volume 166, Number 30 (Thursday, February 13, 2020)]
[Senate]
[Page S1079]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]





SENATE RESOLUTION 501--AMENDING THE RULES OF PROCEDURE AND PRACTICE IN 
THE SENATE WHEN SITTING ON IMPEACHMENT TRIALS TO ENSURE ADEQUATE ACCESS 
TO WITNESSES AND DOCUMENTS IN IMPEACHMENT TRIALS OF A PRESIDENT OR VICE 
                   PRESIDENT, AND FOR OTHER PURPOSES

  Mr. MERKLEY (for himself and Mr. Van Hollen) submitted the following 
resolution; which was referred to the Committee on Rules and 
Administration:

                              S. Res. 501

       Resolved,

     SECTION 1. WITNESSES AND DOCUMENTS IN IMPEACHMENT TRIALS OF A 
                   PRESIDENT OR VICE PRESIDENT.

       (a) In General.--The Rules of Procedure and Practice in the 
     Senate When Sitting on Impeachment Trials are amended by 
     adding at the end the following:
       ``XXVII. In an impeachment trial of the President or the 
     Vice President, upon whom the powers and duties of the Office 
     of President shall have devolved, each party may move to 
     issue 1 or more subpoenas to obtain testimony from witnesses. 
     If the Presiding Officer determines the testimony of a 
     witness for whom a subpoena is sought is material and 
     relevant to the impeachment trial and not redundant, the 
     Presiding Officer, through the Secretary of the Senate, shall 
     issue a subpoena for the taking of testimony of the witness. 
     A Senator may raise a point of order that a subpoena for the 
     taking of testimony of a witness should not be issued. If a 
     point of order is raised, the Presiding Officer shall submit 
     the point of order to a vote of the Senate without debate. A 
     vote under this Rule shall be taken in accordance with the 
     Standing Rules of the Senate.
       ``XXVIII. In an impeachment trial of the President or the 
     Vice President, upon whom the powers and duties of the Office 
     of President shall have devolved, each party may move to 
     issue 1 or more subpoenas to obtain documents. If the 
     Presiding Officer determines the documents for which a 
     subpoena is sought are material and relevant to the 
     impeachment trial and not redundant, the Presiding Officer, 
     through the Secretary of the Senate, shall issue a subpoena 
     requiring production of the documents. A Senator may raise a 
     point of order that a subpoena requiring production of the 
     documents should not be issued. If a point of order is 
     raised, the Presiding Officer shall submit the point of order 
     to a vote of the Senate without debate. A vote under this 
     Rule shall be taken in accordance with the Standing Rules of 
     the Senate.
       ``XXIX. It shall not be in order to consider a resolution 
     or motion establishing procedures for an impeachment trial, 
     or an amendment thereto, that would modify, supersede, waive, 
     or be inconsistent with any portion of Rule VII, XXVII, or 
     XXVIII.''.
       (b) Evidentiary Questions.--Rule VII of the Rules of 
     Procedure and Practice in the Senate When Sitting on 
     Impeachment Trials is amended--
       (1) in the second sentence--
       (A) by striking ``may rule'' and inserting ``shall rule''; 
     and
       (B) by inserting ``, except in the impeachment trial of the 
     President of Vice President, upon whom the powers and duties 
     of the Office of President shall have devolved,'' before ``he 
     may at his option''; and
       (2) by adding at the end the following: ``In an impeachment 
     trial of the President or the Vice President, upon whom the 
     powers and the duties of the office of President shall have 
     devolved, the Presiding Officer shall rule on any assertion 
     of privilege or immunity in connection with the production of 
     testimony, documents, or other evidence.''.

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