[Congressional Record (Bound Edition), Volume 145 (1999), Part 2]
[Senate]
[Page 2380]
[From the U.S. Government Publishing Office, www.gpo.gov]




                         RESOLUTION OF CENSURE

  Mrs. FEINSTEIN. Mr. President, I move to proceed to my censure 
resolution which is at the desk.
  The text of the motion reads as follows:

       I move to suspend the following:
       Rule VII, paragraph 2 the phrase ``upon the calendar'', 
     and;
       Rule VIII, paragraph 2 the phrase ``during the first two 
     hours of a new legislative day''.
       In order to permit a motion to proceed to a censure 
     resolution, to be introduced on the day of the motion to 
     proceed, notwithstanding the fact that it is not on the 
     calendar of business.

  Mr. GRAMM addressed the Chair.
  The PRESIDING OFFICER. The Senator from Texas.
  Mr. GRAMM. Mr. President, I have to object. This resolution is not on 
the Calendar. Therefore, it is not in order to present it to the 
Senate.
  Mrs. FEINSTEIN addressed the Chair.
  The PRESIDING OFFICER. The Senator from California.
  Mrs. FEINSTEIN. Mr. President, in light of that objection, I move to 
suspend the rules, the notice of which I printed in the Record on 
Monday, February 8, in order to permit my motion to proceed.
  Mr. GRAMM addressed the Chair.
  The PRESIDING OFFICER. The Senator from Texas.
  Mr. GRAMM. Mr. President, I send a motion to the desk, a motion to 
indefinitely postpone the consideration of the Feinstein motion.
  The PRESIDING OFFICER. The clerk will report the motion.
  Mr. GRAMM. Mr. President, I ask that reading of the motion be 
dispensed with, and I ask for the yeas and nays.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Is there a sufficient second? There is a sufficient second.
  The yeas and nays were ordered.
  The PRESIDING OFFICER. The question is on agreeing to the motion of 
the Senator from Texas, Mr. Gramm. The yeas and nays have been ordered. 
The clerk will call the roll.
  The yeas and nays resulted--yeas 43, nays 56, as follows:

                      [Rollcall Vote No. 19 Leg.]

                                YEAS--43

     Allard
     Ashcroft
     Bond
     Brownback
     Bunning
     Burns
     Byrd
     Campbell
     Cochran
     Coverdell
     Craig
     Crapo
     DeWine
     Enzi
     Fitzgerald
     Frist
     Gramm
     Grams
     Grassley
     Gregg
     Hagel
     Hatch
     Helms
     Hutchinson
     Inhofe
     Kyl
     Lott
     Mack
     McCain
     Murkowski
     Nickles
     Roberts
     Santorum
     Sessions
     Shelby
     Smith Bob
     Specter
     Stevens
     Thomas
     Thompson
     Thurmond
     Voinovich
     Warner

                                NAYS--56

     Abraham
     Akaka
     Baucus
     Bayh
     Bennett
     Biden
     Bingaman
     Boxer
     Breaux
     Bryan
     Chafee
     Cleland
     Collins
     Conrad
     Daschle
     Dodd
     Dorgan
     Durbin
     Edwards
     Feingold
     Feinstein
     Gorton
     Graham
     Harkin
     Hollings
     Hutchison
     Inouye
     Jeffords
     Johnson
     Kennedy
     Kerrey
     Kerry
     Kohl
     Landrieu
     Lautenberg
     Leahy
     Levin
     Lieberman
     Lincoln
     Lugar
     McConnell
     Mikulski
     Moynihan
     Murray
     Reed
     Reid
     Robb
     Rockefeller
     Roth
     Sarbanes
     Schumer
     Smith Gordon H
     Snowe
     Torricelli
     Wellstone
     Wyden

                             NOT VOTING--1

       
     Domenici
       
  The PRESIDING OFFICER (Mr. Inhofe). On this vote, the yeas are 43, 
the nays are 56. Two-thirds of the Senators not having voted in the 
negative, the motion to suspend is withdrawn and the Gramm point of 
order is sustained. The Feinstein motion to proceed falls.
  Mr. SPECTER. Mr. President, between the time I made my statement in 
the closed Senate deliberations on February 11th and the time I cast my 
vote on February 12th, I consulted with the Parliamentarian and 
examined the Senate precedents and found that if I voted simply ``not 
proven,'' that I would be marked on the voting roles as ``present.'' I 
also found that a response of ``present,'' and inferentially the 
equivalent of ``present,'' could be challenged and that I could be 
forced to cast a vote of ``yea'' or ``nay.''
  I noted the precedent on June 28, 1951, recorded on pages 7403 and 
7404 of the Congressional Record, when Senator Benton of Connecticut 
and Senator Lehman of New York voted ``present'' during a roll call 
vote. Senator Hickenlooper of Iowa challenged these votes and argued 
that a senator must vote either ``yea'' or ``nay'' unless the Senate 
votes to excuse the senator from voting. Senator Hickenlooper's 
challenge was upheld, and the Senate voted against excusing these 
Senators from voting by a vote of 39 to 35 in the case of Senator 
Lehman and a vote of 41 to 34 in the case of Senator Benton.
  I also noted the precedent on August 3, 1954, on page 13086 of the 
Congressional Record, when Senator Mansfield of Montana voted 
``present'' during a roll call vote. Senator Cordon of Oregon objected 
and asked that the Senate vote on whether Senator Mansfield should be 
excused from voting. By voice vote, the Senate voted against excusing 
Senator Mansfield from voting.
  In order to avoid the possibility that some Senator might challenge 
my vote, I decided to state on the Senate floor, ``not proven, 
therefore not guilty,'' when my name was called on the roll call votes 
on Article I and Article II of the Articles of Impeachment. That 
avoided the possibility of a challenge and also more accurately 
recorded my vote as ``not guilty'' since I did not wish to be recorded 
as merely ``present.''
  (Under a previous unanimous consent agreement, the following 
statements pertaining to the impeachment proceedings were ordered 
printed in the Record:)

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