[Congressional Record (Bound Edition), Volume 145 (1999), Part 2]
[Senate]
[Pages 2375-2378]
[From the U.S. Government Publishing Office, www.gpo.gov]
prayer
The Chaplain, Dr. Lloyd John Ogilvie, offered the following prayer:
Gracious God, whose love for this Nation has been displayed so
magnificently through our history, we praise You that Your presence
fills this historic Chamber and enters into the minds of the Senators
gathered here. Each of them is here by Your divine appointment.
Together they claim Your promise, ``Call upon Me in the day of trouble:
I will deliver you.''--Ps.50:15. We call upon You on this day of
trouble in America as this impeachment trial comes to a close. You have
enabled an honest, open debate of alternative solutions. Soon a vote
will be taken. You have established a spirit of unity in the midst of
differences. Most important of all, we know that we can trust You with
the results. You can use what is decided and continue to accomplish
Your plans for America. We entrust to Your care the President and his
family. Use whatever is decided today to enable a deeper experience of
Your grace in his life and healing in his family. We commit this day to
You and thank You for the hope that fills our hearts as we place our
complete trust in You. You are 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.
Mr. LOTT. Thank you, Mr. Chief Justice.
Order of Procedure
Mr. LOTT. For the information of all Senators, later on today, the
Secretary of the Senate will be putting at each Senator's desk
something I think you will enjoy reading later. It is the prayers of
the Chaplain during the impeachment trial. Subsequently, we plan to put
it in a small pamphlet, because they truly have been magnificent. We
thought you each would like to have copies.
The Senate will resume final deliberations now in the closed session.
Thank goodness. At this point in the proceedings, there are
approximately eight Members who still wish to speak or submit part of
their speech into the Record.
Following those final speeches, the Senate will resume open session
and proceed to the votes on the two articles of impeachment. I estimate
that those votes will begin at approximately 11, 11:30. However, the
exact time will depend on the length of the remaining speeches, and
also we will have to have a few minutes to open the Chamber and the
galleries so that our constituents and our families can enter the
galleries if they would like to.
Following those votes, all Senators should remain at their desks as
the Senate proceeds to several housekeeping items relating to the
adjournment of the Court of Impeachment. So again, I emphasize, please,
after the votes, don't rush out of the Chamber because we have some
very important proceedings to attend to, and I think you will enjoy
them if you will stay and participate.
Under the consent agreement reached last night, following those
votes, a motion relating to censure may be offered by the Senator from
California, Senator Feinstein. If offered, Senator Gramm will be
recognized to offer a motion relative to the Feinstein motion, with a
vote to occur on the Gramm motion. Therefore, Senators may anticipate
an additional vote or votes following the votes on the articles.
I thank the Senators. And I believe we are ready to proceed to the
closed session.
Mrs. BOXER. Will the majority leader yield for a question?
Mr. LOTT. Yes.
Mrs. BOXER. Will there be intervening debate or no debate on any of
those votes?
Mr. LOTT. In the UC that was reached last night, I believe we have 2
hours, which will be equally divided, for Senators to submit statements
at that point or to make speeches if they would like. So I presume--
after the votes, yes.
Mrs. BOXER. That is the question. Yes.
Mr. LOTT. I presume we will go on for a couple hours--2 or 3 o'clock
in the afternoon, yes.
Unanimous-Consent Agreement--Printing of Statements in the Record and
Printing of Senate Document of Impeachment Proceedings
Mr. LOTT. I would like to clarify one other matter. Senators will
recall the motion approved February 9, 1999, which permitted each
Senator to place in the Congressional Record his or her own statements
made during final deliberations in closed session.
I ask unanimous consent that public statements made by Senators
subsequent to the approval of that motion, with respect to his or her
own statements made during the closed session, be deemed to be in
compliance with the Senate rules. This would permit a Senator to
release to the public his or her statement made during final
deliberations in closed session, except that, in doing so, a Senator
may not disclose any remarks of the other Senators made during
deliberations, without the prior consent, of course, of that Senator.
I further ask unanimous consent that Senators have until Tuesday,
February 23, 1999--that would be the Tuesday after we come back--to
have printed statements and opinions in the Congressional Record, if
they choose, explaining their votes.
Finally, I ask unanimous consent that the Secretary be authorized to
include these statements, along with the full record of the Senate's
proceedings, the filings by the parties, and the supplemental materials
admitted into evidence by the Senate, in a Senate document printed
under the supervision of the Secretary of the Senate, that will
complete the documentation of the Senate's handling of these
impeachment proceedings.
Mr. REID. Mr. Leader, point of clarification. I had a couple of
Members ask, does it take an affirmative act of a Senator to get their
speech placed in the Record or does it happen automatically?
Mr. LOTT. I believe it does take an affirmative act. It is not
automatic.
Mr. REID. To whom should that be given?
Mr. LOTT. It should be given to the clerks at the desk, or to Marty
on your side, or your secretary of the minority, or the secretary of
the majority. They will get it into the Record at the right place.
So I believe, once again, we are ready to go to our closed session.
Mrs. HUTCHISON. Will the majority leader yield for a question?
Mr. LOTT. Yes.
Mrs. HUTCHISON. It does not require each person to ask unanimous
consent to insert their remarks, just giving it?
[[Page 2376]]
Mr. LOTT. Yes. That has already been cleared.
I believe we have a unanimous consent request propounded.
The CHIEF JUSTICE. Without objection, it is so ordered.
The Senate will now go into closed session to complete its
deliberations on the articles of impeachment. The Sergeant at Arms is
directed to clear the galleries and close the doors of the Senate
Chamber.
Mr. LOTT. Mr. Chief Justice, I suggest the absence of a quorum.
The CHIEF JUSTICE. The clerk will call the roll.
The legislative clerk proceeded to call the roll.
Closed Session
(At 9:44 a.m., the doors of the Chamber were closed. The proceedings
of the Senate were held in closed session until 12:04 p.m., at which
time the following occurred.)
Open Session
Mr. LOTT. Will Senators return to their desks? Managers, thank you
for joining us. Would Senators stand, and the gallery, as the Chief
Justice enters the Chamber, please.
The CHIEF JUSTICE. The Senate will be in order.
Mr. LOTT. Mr. Chief Justice, Members of the Senate, the Senate has
met almost exclusively as a Court of Impeachment since January 7, 1999,
to consider the articles of impeachment against the President of the
United States. The Senate meets today to conclude this trial by voting
on the articles of impeachment, thereby, fulfilling its obligation
under the Constitution. I believe we are ready to proceed to the votes
on the articles. And I yield the floor.
The CHIEF JUSTICE. The Chair would inform those in attendance in the
Senate galleries, that under rule XIX of the Standing Rules of the
Senate, demonstrations of approval or disapproval are prohibited, and
it is the duty of the Chair to enforce order on its own initiative.
Article I
The CHIEF JUSTICE. The clerk will now read the first Article of
impeachment.
The legislative clerk read as follows:
Article I
In his conduct while President of the United States,
William Jefferson Clinton, 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, has willfully corrupted and
manipulated the judicial process of the United States for his
personal gain and exoneration, impeding the administration of
justice, in that:
On August 17, 1998, William Jefferson Clinton swore to tell
the truth, the whole truth, and nothing but the truth before
a Federal grand jury of the United States. Contrary to that
oath, William Jefferson Clinton willfully provided
perjurious, false and misleading testimony to the grand jury
concerning one or more of the following: (1) the nature and
details of his relationship with a subordinate Government
employee; (2) prior perjurious, false and misleading
testimony he gave in a Federal civil rights action brought
against him; (3) prior false and misleading statements he
allowed his attorney to make to a Federal judge in that civil
rights action; and (4) his corrupt efforts to influence the
testimony of witnesses and to impede the discovery of
evidence in that civil rights action.
In doing this, William Jefferson Clinton has undermined the
integrity of his office, has brought disrepute on the
Presidency, has betrayed his trust as President, and has
acted in a manner subversive of the rule of law and justice,
to the manifest injury of the people of the United States.
Wherefore, William Jefferson Clinton, by such conduct,
warrants impeachment and trial, and removal from office and
disqualification to hold and enjoy any office of honor,
trust, or profit under the United States.
The CHIEF JUSTICE. The Chair reminds the Senate that each Senator,
when his or her name is called, will stand in his or her place and vote
``guilty'' or ``not guilty'' as required by rule XXIII of the Senate
rules on impeachment.
The Chair also refers to article I, section 3, clause 6, of the
Constitution regarding the vote required for conviction on impeachment.
Quote: ``[N]o Person shall be convicted without the Concurrence of two-
thirds of the Members present.''
Vote On Article I
The CHIEF JUSTICE. The question is on the first article of
impeachment. Senators, how say you? Is the respondent, William
Jefferson Clinton, guilty or not guilty? A rollcall vote is required.
The clerk will call the roll.
The legislative clerk called the roll.
Mr. SPECTER (When his name was called). Not proven, therefore not
guilty.
The result was announced--guilty 45, not guilty 55, as follows:
[Rollcall Vote No. 17]
[Subject: Article I--Articles of Impeachment Against President William
Jefferson Clinton]
GUILTY--45
Abraham
Allard
Ashcroft
Bennett
Bond
Brownback
Bunning
Burns
Campbell
Cochran
Coverdell
Craig
Crapo
DeWine
Domenici
Enzi
Fitzgerald
Frist
Gramm
Grams
Grassley
Gregg
Hagel
Hatch
Helms
Hutchinson
Hutchison
Inhofe
Kyl
Lott
Lugar
Mack
McCain
McConnell
Murkowski
Nickles
Roberts
Roth
Santorum
Sessions
Smith (NH)
Smith (OR)
Thomas
Thurmond
Voinovich
NOT GUILTY--55
Akaka
Baucus
Bayh
Biden
Bingaman
Boxer
Breaux
Bryan
Byrd
Chafee
Cleland
Collins
Conrad
Daschle
Dodd
Dorgan
Durbin
Edwards
Feingold
Feinstein
Gorton
Graham
Harkin
Hollings
Inouye
Jeffords
Johnson
Kennedy
Kerrey
Kerry
Kohl
Landrieu
Lautenberg
Leahy
Levin
Lieberman
Lincoln
Mikulski
Moynihan
Murray
Reed
Reid
Robb
Rockefeller
Sarbanes
Schumer
Shelby
Snowe
Specter
Stevens
Thompson
Torricelli
Warner
Wellstone
Wyden
The CHIEF JUSTICE. On this article of impeachment, 45 Senators having
pronounced William Jefferson Clinton, President of the United States,
guilty as charged, 55 Senators having pronounced him not guilty, two-
thirds of the Senators present not having pronounced him guilty, the
Senate adjudges that the respondent, William Jefferson Clinton,
President of the United States, is not guilty as charged in the first
article of impeachment.
Article II
The CHIEF JUSTICE. The clerk will read the second article of
impeachment.
The legislative clerk read as follows:
Article II
In his conduct while President of the United States,
William Jefferson Clinton, 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, has prevented, obstructed,
and impeded the administration of justice, and has to that
end engaged personally, and through his subordinates and
agents, in a course of conduct or scheme designed to delay,
impede, cover up, and conceal the existence of evidence and
testimony related to a Federal civil rights action brought
against him in a duly instituted judicial proceeding.
The means used to implement this course of conduct or
scheme included one or more of the following acts:
(1) On or about December 17, 1997, William Jefferson
Clinton corruptly encouraged a witness in a Federal civil
rights action brought against him to execute a sworn
affidavit in that proceeding that he knew to be perjurious,
false and misleading.
(2) On or about December 17, 1997, William Jefferson
Clinton corruptly encouraged a witness in a Federal civil
rights action brought against him to give perjurious, false
and misleading testimony if and when called to testify
personally in that proceeding.
(3) On or about December 28, 1997, William Jefferson
Clinton corruptly engaged in, encouraged, or supported a
scheme to conceal evidence that had been subpoenaed in a
Federal civil rights action brought against him.
(4) Beginning on or about December 7, 1997, and continuing
through and including January 14, 1998, William Jefferson
Clinton intensified and succeeded in an effort to secure job
assistance to a witness in a Federal civil rights action
brought against him in order to corruptly prevent the
truthful testimony of that witness in that proceeding at a
time when the truthful testimony of that witness would have
been harmful to him.
(5) On January 17, 1998, at his deposition in a Federal
civil rights action brought against
[[Page 2377]]
him, William Jefferson Clinton corruptly allowed his attorney
to make false and misleading statements to a Federal judge
characterizing an affidavit, in order to prevent questioning
deemed relevant by the judge. Such false and misleading
statements were subsequently acknowledged by his attorney in
a communication to that judge.
(6) On or about January 18 and January 20-21, 1998, William
Jefferson Clinton related a false and misleading account of
events relevant to a Federal civil rights action brought
against him to a potential witness in that proceeding, in
order to corruptly influence the testimony of that witness.
(7) On or about January 21, 23, and 26, 1998, William
Jefferson Clinton made false and misleading statements to
potential witnesses in a Federal grand jury proceeding in
order to corruptly influence the testimony of those
witnesses. The false and misleading statements made by
William Jefferson Clinton were repeated by the witnesses to
the grand jury, causing the grand jury to receive false and
misleading information.
In all of this, William Jefferson Clinton has undermined
the integrity of his office, has brought disrepute on the
Presidency, has betrayed his trust as President, and has
acted in a manner subversive of the rule of law and justice,
to the manifest injury of the people of the United States.
Wherefore, William Jefferson Clinton, by such conduct,
warrants impeachment and trial, and 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. Senators, how say you? Is the respondent, William
Jefferson Clinton, guilty or not guilty?
The clerk will call the roll.
The bill clerk called the roll.
Mr. SPECTER (When his name was called). Not proven, therefore not
guilty.
The result was announced--guilty 50, not guilty 50, as follows:
[Rollcall Vote No. 18]
[Subject: Article II--Articles of Impeachment against President William
Jefferson Clinton]
GUILTY--50
Abraham
Allard
Ashcroft
Bennett
Bond
Brownback
Bunning
Burns
Campbell
Cochran
Coverdell
Craig
Crapo
DeWine
Domenici
Enzi
Fitzgerald
Frist
Gorton
Gramm
Grams
Grassley
Gregg
Hagel
Hatch
Helms
Hutchinson
Hutchison
Inhofe
Kyl
Lott
Lugar
Mack
McCain
McConnell
Murkowski
Nickles
Roberts
Roth
Santorum
Sessions
Shelby
Smith (NH)
Smith (OR)
Stevens
Thomas
Thompson
Thurmond
Voinovich
Warner
NOT GUILTY--50
Akaka
Baucus
Bayh
Biden
Bingaman
Boxer
Breaux
Bryan
Byrd
Chafee
Cleland
Collins
Conrad
Daschle
Dodd
Dorgan
Durbin
Edwards
Feingold
Feinstein
Graham
Harkin
Hollings
Inouye
Jeffords
Johnson
Kennedy
Kerrey
Kerry
Kohl
Landrieu
Lautenberg
Leahy
Levin
Lieberman
Lincoln
Mikulski
Moynihan
Murray
Reed
Reid
Robb
Rockefeller
Sarbanes
Schumer
Snowe
Specter
Torricelli
Wellstone
Wyden
The CHIEF JUSTICE. The galleries will be in order.
On this article of impeachment, 50 Senators having pronounced William
Jefferson Clinton, President of the United States, guilty as charged,
50 Senators having pronounced him not guilty, two-thirds of the
Senators present not having pronounced him guilty, the Senate adjudges
that the respondent, William Jefferson Clinton, President of the United
States, is not guilty as charged in the second article of impeachment.
The Chair directs judgment to be entered in accordance with the
judgment of the Senate as follows:
The Senate, having tried William Jefferson Clinton, 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 William Jefferson Clinton
be, and he is hereby, acquitted of the charges in this said article.
The Chair recognizes the majority leader.
COMMUNICATION TO THE SECRETARY OF STATE AND TO THE HOUSE OF
REPRESENTATIVES
Mr. LOTT. Mr. Chief Justice, there is an order at the desk.
The CHIEF JUSTICE. The clerk will read 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 XXIII 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 William Jefferson
Clinton, and transmit a certified copy of the judgment to
each.
The CHIEF JUSTICE. Without objection, the order will be entered.
STATEMENT BY THE CHIEF JUSTICE OF THE UNITED STATES ON THE SENATE TRIAL
The CHIEF JUSTICE. The Chair wishes to make a brief statement,
without objection on such. (Laughter.)
More than a month ago, I first came here to preside over the Senate
sitting as the Court of Impeachment. I was a stranger to the great
majority of you. I underwent the sort of culture shock that naturally
occurs when one moves from the very structured environment of the
Supreme Court to what I shall call, for want of a better phrase, the
more free-form environment of the Senate. (Laughter.)
I leave you now a wiser but not a sadder man. I have been impressed
by the manner in which the majority leader and the minority leader have
agreed on procedural rules in spite of the differences that separate
their two parties on matters of substance.
I have been impressed by the quality of the debate in closed session
on the entire question of impeachment as provided for under the
Constitution. Agreed-upon procedures for airing on substantive
divisions must be the hallmark of any great deliberative body.
Our work as a Court of Impeachment is now done. I leave you with the
hope that our several paths may cross again under happier
circumstances.
The majority leader.
Mr. LOTT. Mr. Chief Justice, we thank you for your comments.
EXPRESSION OF GRATITUDE TO THE CHIEF JUSTICE OF THE UNITED STATES
Mr. LOTT. I send a resolution to the desk.
The CHIEF JUSTICE. The clerk will read the resolution.
The legislative clerk read as follows:
A resolution (S. Res. 37) to express gratitude for the
service of the Chief Justice of the United States as
Presiding Officer during the impeachment trial.
Mr. LOTT. Mr. Chief Justice, I ask unanimous consent the Senate
proceed to the immediate consideration of S. Res. 37 introduced earlier
today by Senator Lott and Senator Daschle.
The CHIEF JUSTICE. Without objection, it is so ordered.
Mr. LOTT. Mr. Chief Justice, I ask unanimous consent that the
resolution be agreed to, the motion to reconsider be laid upon the
table, and any statements that Senators wish to make on this resolution
be printed at this point in the Record.
The CHIEF JUSTICE. Without objection, it is so ordered.
The resolution (S. Res. 37) was agreed to.
The preamble was agreed to.
The resolution, with its preamble, reads as follows:
S. Res. 37
Whereas Article I, section 3, clause 6 of the Constitution
of the United States provides that, when the President of the
United States is tried on articles of impeachment, the Chief
Justice of the United States shall preside over the Senate;
Whereas, pursuant to Rule IV of the Rules of Procedure and
Practice in the Senate When Sitting on Impeachment Trials, on
January 6, 1999, the Senate notified William H. Rehnquist,
Chief Justice of the United States, of the time and place
fixed for consideration of the articles of impeachment
against William Jefferson Clinton, President of the United
States, and requested him to attend;
Whereas, in the intervening days since January 7, 1999,
Chief Justice Rehnquist has presided over the Senate, when
sitting on the trial of the articles of impeachment, for long
hours over many days;
Whereas Chief Justice Rehnquist, in presiding over the
Senate, has exhibited extraordinary qualities of fairness,
patience, equanimity, and wisdom;
Whereas, by his manner of presiding over the Senate, Chief
Justice Rehnquist has contributed greatly to the Senate's
conduct of
[[Page 2378]]
fair, impartial, and dignified proceedings in the trial of
the articles of impeachment;
Whereas the Senate and the Nation are indebted to Chief
Justice Rehnquist for his distinguished and valued service in
fulfilling his constitutional duty to preside over the Senate
in the trial of the articles of impeachment: Now, therefore,
be it
Resolved, That the Senate expresses its profound gratitude
to William H. Rehnquist, Chief Justice of the United States,
for his distinguished service in presiding over the Senate,
while sitting on the trial of the articles of impeachment
against William Jefferson Clinton, President of the United
States.
Sec. 2. The Secretary shall notify the Chief Justice of the
United States of this resolution.
Mr. LOTT. Mr. Chief Justice, on behalf of myself and the entire U.S.
Senate, we want to offer you our thanks and the gratitude of the
American people for your service to the Nation and throughout this
Impeachment Court and to this institution.
As our Presiding Officer during most of the last 5 weeks, you have
brought to our proceedings a gentle dignity and an unfailing sense of
purpose, and sometimes sense of humor.
The majority leader realized when it was time to take a break and not
to take a break when the Chief Justice said let's go forward.
By placing duty above personal convenience and many other
considerations, you have taught a lesson in leadership. Your presence
in the chair of the President of the Senate, following the directives
of our Constitution, gave comity to this Chamber and assurance to the
Nation. I would like to close with our traditional Mississippi parting:
Y'all come back soon. But I hope that is not taken the wrong way, and
not for an occasion like this one.
So instead, as you return to your work on the Court in the great
marble temple of the law right across the lawn from this Capitol, we
salute you, sir, with renewed appreciation and esteem for a good friend
and good neighbor.
Presentation of the Golden Gavel Award
Now, Mr. Chief Justice, if the Democratic leader will join me, we
have a small token of our appreciation. We have a tradition in the
Senate that after you have presided over the Senate for 100 hours, we
present you with the Golden Gavel Award. I am not sure it quite reached
100 hours, but it is close enough.
The CHIEF JUSTICE. It seemed like it.
(Applause, Senators rising.)
Mrs. HUTCHISON. Mr. President, I wish to add my thanks to the Chief
Justice for his untiring efforts throughout the impeachment trial and
to commend him for his dignity, fairness, and humor.
Mr. KYL. I add my expression of appreciation to the Chief Justice and
the officers of the court who had a role in this proceeding--the House
managers, the counsel for the White House, and Independent Counsel
Kenneth Starr--for their honorable service.
Unanimous-Consent Agreement
Mr. LOTT. Mr. Chief Justice, I ask unanimous consent that the
February 5, 1999, affidavit of Mr. Christopher Hitchens; the February
7, 1999, affidavit of Ms. Carol Blue; and the affidavit of Mr. R. Scott
Armstrong be admitted into evidence in this proceeding and the full
written transcripts of the depositions taken pursuant to S. Res. 30 be
included in the public record of the trial. This matter has been
cleared on both sides of the aisle.
The CHIEF JUSTICE. Without objection, it is so ordered.
Adjournment Sine Die of the Court of Impeachment
Mr. LOTT. Now, Mr. Chief Justice, I move that the Senate, sitting as
a Court of Impeachment on the articles exhibited against William
Jefferson Clinton, adjourn sine die.
The motion was agreed to, and at 12:43 p.m., the Senate, sitting as a
Court of Impeachment, adjourned sine die.
____________________