[Congressional Record (Bound Edition), Volume 145 (1999), Part 1]
[Senate]
[Pages 1397-1398]
[From the U.S. Government Publishing Office, www.gpo.gov]

                                 prayer

  The Chaplain, Dr. Lloyd John Ogilvie, offered the following prayer:
  Dear God, leadership has its defining days in which crucial decisions 
must be made. You know that this is an important one of those days. In 
a few moments, votes must be cast. Now in the quiet, the Senators wait 
to be counted. It is a lonely time. Beyond party loyalties, those on 
both sides of the aisle long to do what ultimately is best for our 
Nation. Debate has led to firm convictions. Give the Senators the 
courage of these convictions and the assurance that, if they are true 
to whatever they now believe is best, You will bless them with peace. 
We intercede for them and the heavy responsibility they must carry. 
Imbue them with Your calming Spirit and strengthen them with Your gift 
of faith to trust You to maintain unity once the votes are tallied. We 
commit the results to You. Our times are in Your hands. Through our 
Lord and Saviour. Amen.
  The CHIEF JUSTICE. The Sergeant at Arms will make the proclamation.
  The Sergeant at Arms, James W. Ziglar, 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 
     William Jefferson Clinton, President of the United States.

                              The Journal

  The CHIEF JUSTICE. If there is no objection, the Journal of 
proceedings of the trial are approved to date.
  The majority leader is recognized.


                           Order of Procedure

  Mr. LOTT. Mr. Chief Justice, in a moment we will begin two 
consecutive votes. The first will be on the motion to dismiss. That 
will be followed by an immediate vote on the motion to subpoena. 
Following those votes, there will be an opportunity to describe how we 
would go forward from there with the depositions. I have discussed this 
with Senator Daschle. It is likely that we would take a break at that 
point so that we could have further discussions with our conferences to 
make sure we understand how that subpoena and deposition process would 
go forward. I have a resolution prepared. We have some simpler ones 
that we can consider. But we would want to discuss those with each 
other during the vote, and perhaps even after the two votes occur, 
depending on what the results are.
  The idea is that we have now before us Senate Resolution 16, which 
has brought us to the point to these two votes. We need to give some 
consideration to making sure we understand how the process will go 
forward to a conclusion after that.
  I thank my colleagues for their attention. I believe we are ready for 
the votes, Mr. Chief Justice.


                       Vote on Motion to Dismiss

  The CHIEF JUSTICE. The question occurs on the motion to dismiss the 
impeachment proceedings offered by the Senator from West Virginia, Mr. 
Byrd. The yeas and nays are required.
  The clerk will call the roll.
  The assistant legislative clerk called the roll.
  The result was announced--yeas 44, nays 56, as follows:

                         [Rollcall Vote No. 4]

     [Subject: Byrd motion to dismiss the impeachment proceedings]

                                YEAS--44

     Akaka
     Baucus
     Bayh
     Biden
     Bingaman
     Boxer
     Breaux
     Bryan
     Byrd
     Cleland
     Conrad
     Daschle
     Dodd
     Dorgan
     Durbin
     Edwards
     Feinstein
     Graham
     Harkin
     Hollings
     Inouye
     Johnson
     Kennedy
     Kerrey
     Kerry
     Kohl
     Landrieu
     Lautenberg
     Leahy
     Levin
     Lieberman
     Lincoln
     Mikulski
     Moynihan
     Murray
     Reed
     Reid
     Robb
     Rockefeller
     Sarbanes
     Schumer
     Torricelli
     Wellstone
     Wyden

                                NAYS--56

     Abraham
     Allard
     Ashcroft
     Bennett
     Bond
     Brownback
     Bunning
     Burns
     Campbell
     Chafee
     Cochran
     Collins
     Coverdell
     Craig
     Crapo
     DeWine
     Domenici
     Enzi
     Feingold
     Fitzgerald
     Frist
     Gorton
     Gramm
     Grams
     Grassley
     Gregg
     Hagel
     Hatch
     Helms
     Hutchinson
     Hutchison
     Inhofe
     Jeffords
     Kyl
     Lott
     Lugar
     Mack
     McCain
     McConnell
     Murkowski
     Nickles
     Roberts
     Roth
     Santorum
     Sessions
     Shelby
     Smith (NH)
     Smith (OR)
     Snowe
     Specter
     Stevens
     Thomas
     Thompson
     Thurmond
     Voinovich
     Warner
  The motion was rejected.


  Vote on Motion for Appearance of Witnesses and Admission of Evidence

  The CHIEF JUSTICE. Now the question occurs on the motion requesting 
the appearance of witnesses at depositions to admit evidence offered by 
the managers on the part of the House of Representatives. On this 
question, the yeas and nays are required, and the clerk will call the 
roll.
  The legislative clerk called the roll.
  The result was announced--yeas 56, nays 44, as follows:

                         [Rollcall Vote No. 5]

    [Subject: House managers motion to subpoena witnesses and admit 
                        evidence not in record]

                                YEAS--56

     Abraham
     Allard
     Ashcroft
     Bennett
     Bond
     Brownback
     Bunning
     Burns
     Campbell
     Chafee
     Cochran
     Collins
     Coverdell
     Craig
     Crapo
     DeWine
     Domenici
     Enzi
     Feingold
     Fitzgerald
     Frist
     Gorton
     Gramm
     Grams
     Grassley
     Gregg
     Hagel
     Hatch
     Helms
     Hutchinson
     Hutchison
     Inhofe
     Jeffords
     Kyl
     Lott
     Lugar
     Mack
     McCain
     McConnell
     Murkowski
     Nickles
     Roberts
     Roth
     Santorum
     Sessions
     Shelby
     Smith (NH)
     Smith (OR)
     Snowe
     Specter
     Stevens
     Thomas
     Thompson
     Thurmond
     Voinovich
     Warner

                                NAYS--44

     Akaka
     Baucus
     Bayh
     Biden
     Bingaman
     Boxer
     Breaux
     Bryan
     Byrd
     Cleland
     Conrad
     Daschle
     Dodd
     Dorgan
     Durbin
     Edwards
     Feinstein
     Graham
     Harkin
     Hollings
     Inouye
     Johnson
     Kennedy
     Kerrey
     Kerry
     Kohl
     Landrieu
     Lautenberg
     Leahy
     Levin
     Lieberman
     Lincoln
     Mikulski
     Moynihan
     Murray
     Reed
     Reid
     Robb
     Rockefeller
     Sarbanes
     Schumer
     Torricelli
     Wellstone
     Wyden
  The motion was agreed to.
  The CHIEF JUSTICE. The Chair recognizes the majority leader.
  Mr. LOTT. Mr. Chief Justice, as I indicated earlier, we are 
attempting now to clarify exactly how this will proceed and to reach 
agreement with regard to the remaining procedure and the beginning of 
the deposition process.
  We are acting in good faith, but we want to make sure we are at least 
going to try to think about all contingencies, and we are exchanging 
resolutions and suggestions between Senator Daschle and myself at this 
time. We may be asked to vote later on today on a procedure. We will 
let you know if that is necessary today. It could happen tomorrow. But 
we don't want it to go much longer than that because we need to make 
sure this procedure is going forward.
  Of course, if we don't have a resolution, I presume we will begin to 
go forward anyway, but we would like to

[[Page 1398]]

have some orderly procedure as we have had in the past. My thinking at 
this time is that we would just stand in recess subject to the call of 
the Chair while we talk this through. It may not be necessary to do 
anything further as far as a recorded vote but it may be. So we just 
wanted Senators to be on notice of that.


                Recess Subject to the Call of the Chair

  Therefore, I ask unanimous consent, Mr. Chief Justice, that the 
Senate stand in recess subject to the call of the Chair.
  There being no objection, at 1:33 p.m., the Senate recessed subject 
to the call of the Chair.
  The Senate reassembled at 4:47 p.m. when called to order by the Chief 
Justice.
  The CHIEF JUSTICE. The Chair recognizes the majority leader.
  Mr. LOTT. Thank you, Mr. Chief Justice.
  First, I thank all the Members, all concerned, for their patience 
throughout this process. We have had a productive day, and I believe 
this recess that we have been experiencing has been helpful in allowing 
further discussions to occur and to clarify what the procedures will be 
from here through the subpoena and deposition process and, hopefully, 
even to a conclusion.
  Senator Daschle and I have traded proposals which outline those 
procedures for the remainder of the trial, and although I won't go into 
detail at this time, I will say that both proposals bring us to a final 
vote on the pending articles of impeachment in an expeditious manner. 
We have been narrowing the questions that are involved, and we are now 
working on what I hope will be the final draft. But it is not going to 
be possible to complete that this afternoon. We hope to be able to do 
it when we reconvene at 1 p.m. on Thursday.
  There will be conferences of the two parties in the morning so that 
we can go over this with all the Senators. It is not enough just that 
the leaders understand or agree; we have to make sure every Senator 
understands it and agrees with the procedure that we would go forward 
with.

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