[Congressional Record Volume 167, Number 24 (Tuesday, February 9, 2021)]
[Senate]
[Pages S612-S613]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                         SUBMITTED RESOLUTIONS

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SENATE RESOLUTION 47--TO PROVIDE FOR RELATED PROCEDURES CONCERNING THE 
 ARTICLE OF IMPEACHMENT AGAINST DONALD JOHN TRUMP, FORMER PRESIDENT OF 
                           THE UNITED STATES

  Mr. SCHUMER (for himself and Mr. McConnell) submitted the following 
resolution; which was considered and agreed to:

                               S. Res. 47

       Resolved,
       Section 1. The House of Representatives shall file its 
     record with the Secretary of the Senate, which will consist 
     of those publicly available materials that have been 
     submitted to or produced by the House Judiciary Committee, 
     including transcripts of public hearings or mark-ups and any 
     materials printed by the House of Representatives or the 
     House Judiciary Committee pursuant to House Resolution 24 or 
     House Resolution 40. All materials filed pursuant to this 
     section shall be printed and made available to all parties.
       Sec. 2.  When, pursuant to Senate Resolution 16, the Senate 
     convenes as a Court of Impeachment on Tuesday, February 9, 
     2021, there shall immediately be 4 hours of argument by the 
     parties, equally divided, on the question whether Donald John 
     Trump is subject to the jurisdiction of a court of 
     impeachment for acts committed while President of the United 
     States, notwithstanding the expiration of his term in that 
     office. Each side may determine the number of persons to 
     present argument on the foregoing question.

[[Page S613]]

     The Senate, without any intervening action, motion, or 
     amendment, except for deliberation by the Senate, if so 
     ordered under the Rules of Procedure and Practice in the 
     Senate When Sitting on Impeachment Trials (referred to in 
     this resolution as the ``Rules of Impeachment''), shall then 
     decide the foregoing question by the yeas and nays. If a 
     majority of Senators voting, a quorum being present, shall 
     vote in the negative, the Senate shall order that the article 
     of impeachment be immediately dismissed and the Secretary 
     shall notify the House of Representatives of the order of 
     dismissal. If a majority of Senators voting, a quorum being 
     present, shall vote in the affirmative, the Senate shall 
     proceed as provided in this resolution.
       Sec. 3.  The former President and the House of 
     Representatives shall have until 9:00 a.m. on Wednesday, 
     February 10, 2021, to file any motions permitted under the 
     Rules of Impeachment with the exception of motions to 
     subpoena witnesses or documents or any other evidentiary 
     motions. Responses to any such motions shall be filed no 
     later than 11:00 a.m. on Wednesday, February 10, 2021. All 
     materials filed pursuant to this section shall be filed with 
     the Secretary and be printed and made available to all 
     parties. Arguments on such motions shall begin at 12:00 p.m. 
     on Wednesday, February 10, 2021, and each side may determine 
     the number of persons to make its presentation, following 
     which the Senate shall deliberate, if so ordered under the 
     Rules of Impeachment, and vote on any such motions.
       Sec. 4.  Following the disposition of such motions, or if 
     no motions are made, then the House of Representatives shall 
     make its presentation in support of the article of 
     impeachment for a period of time not to exceed 16 hours, over 
     up to 2 session days. If no motions are made under section 3, 
     the House of Representatives shall begin its presentation at 
     12:00 p.m. on Wednesday, February 10, 2021. Following the 
     House of Representatives' presentation, the former President 
     shall make his presentation for a period not to exceed 16 
     hours, over up to 2 session days. Each side may determine the 
     number of persons to make its presentation. Each side shall 
     have the right to decide for how many hours it shall make its 
     presentation on each of the up to 2 session days allotted to 
     it, except that neither side shall make its presentation for 
     more than 8 hours on any single session day. The parties' 
     presentations need not be limited to argument from the record 
     described in section 1.
       Sec. 5.  Upon the conclusion of the period allotted for 
     presentations by the parties as provided under section 4, 
     Senators may question the parties for a period of time not to 
     exceed 4 hours over not more than 1 session day.
       Sec. 6.  Upon conclusion of the period allotted for 
     Senators' questions as provided under section 5, there shall 
     be 2 hours of argument, equally divided between the parties, 
     followed by deliberation by the Senate, if so ordered under 
     the Rules of Impeachment, on the question of whether it shall 
     be in order to consider and debate under the Rules of 
     Impeachment any motion to subpoena witnesses or documents. 
     The Senate, without any intervening action, motion, or 
     amendment, shall then decide by the yeas and nays whether it 
     shall be in order to consider and debate under the Rules of 
     Impeachment any motion to subpoena witnesses or documents. 
     Following the disposition of that question, other motions 
     provided under the Rules of Impeachment shall be in order.
       Sec. 7. (a) If the Senate agrees to allow either the House 
     of Representatives or the former President to subpoena 
     witnesses, the witnesses shall first be deposed and the 
     parties shall be allowed other appropriate discovery. The 
     Senate shall decide after deposition and other appropriate 
     discovery which, if any, witnesses shall testify, pursuant to 
     the Rules of Impeachment. No testimony shall be admissible in 
     the Senate unless the parties have had the opportunity to 
     depose such witnesses and to conduct other appropriate 
     discovery.
       (b) If the Senate agrees to allow either party to subpoena 
     witnesses, provisions for the admission of evidence, issuance 
     of subpoenas, arrangements for depositions, other appropriate 
     discovery, testimony by witnesses in the Senate, if such 
     testimony is ordered by the Senate, and any related matters 
     are to be determined by subsequent resolution of the Senate.
       Sec. 8. (a) If the Senate decides that no party shall be 
     permitted to subpoena witnesses pursuant to section 6, the 
     House of Representatives shall be recognized to make a motion 
     to admit into evidence the materials relied upon by the House 
     of Representatives during the trial. The House of 
     Representatives shall be recognized to make such a motion, 
     however, only if it has disclosed to the former President all 
     materials it will move to admit into evidence at least 48 
     hours before making said motion. Arguments on the motion 
     shall be limited to 1 hour equally divided. The Senate, 
     without any intervening action, motion, or amendment, shall 
     then decide by the yeas and nays whether to admit into 
     evidence such materials. If a majority of Senators voting, a 
     quorum being present, shall vote in the affirmative, the 
     materials shall be admitted into evidence. If a majority of 
     Senators voting, a quorum being present, shall vote in the 
     negative, the materials shall not be admitted into evidence. 
     The former President shall then be recognized to make a 
     motion to admit into evidence the materials relied upon by 
     the former President during the trial. The former President 
     shall be recognized to make such a motion, however, only if 
     he has disclosed to the House of Representatives all 
     materials he will move to admit into evidence at least 48 
     hours before making said motion. Arguments on the motion 
     shall be limited to 1 hour equally divided. The Senate, 
     without any intervening action, motion, or amendment, shall 
     then decide by the yeas and nays whether to admit into 
     evidence such materials. If a majority of Senators voting, a 
     quorum being present, shall vote in the affirmative, the 
     materials shall be admitted into evidence. If a majority of 
     Senators voting, a quorum being present, shall vote in the 
     negative, the materials shall not be admitted into evidence.
       (b) The disclosure requirements established under 
     subsection (a) shall not apply to evidence discovered by the 
     movant after the disclosure deadline, so long as the movant 
     declares in writing that the movant was unaware of such 
     evidence until after the disclosure deadline, and that such 
     evidence could not reasonably have been discovered until 
     after the disclosure deadline.
       (c) The admission of any evidence pursuant to this section 
     shall not be treated as a concession by any party as to the 
     truth of the matter asserted by the parties, and the Senate 
     as the trier of fact shall decide the weight to be given such 
     evidence.
       Sec. 9.  Unless the Senate shall have already voted on the 
     article of impeachment, the Senate shall convene as a Court 
     of Impeachment at 2:00 p.m. on Sunday, February 14, 2021, 
     notwithstanding rule III of the Rules of Impeachment.
       Sec. 10.  Immediately upon the conclusion of any action by 
     the Senate under section 8, or immediately upon the next day 
     on which the Senate reconvenes as a Court of Impeachment 
     after the conclusion of such action, the Senate shall proceed 
     to final arguments as provided in the Rules of Impeachment, 
     waiving the 2-person rule contained in rule XXII of the Rules 
     of Impeachment. Such arguments shall not exceed 4 hours, 
     equally divided between the parties.
       Sec. 11.  At the conclusion of final arguments as provided 
     under section 10, the Senate, without intervening action, 
     except for deliberation if so ordered under the Rules of 
     Impeachment, shall vote on the article of impeachment.
  The PRESIDENT pro tempore. The majority leader.

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