III

106TH CONGRESS

1ST SESSION S. RES. 30

Relative to the procedures concerning the articles of impeachment against

William Jefferson Clinton.

IN THE SENATE OF THE UNITED STATES

JANUARY 28, 1999

Mr. LOTT submitted the following resolution; which was considered, amended,

and agreed to

RESOLUTION

Relative to the procedures concerning the articles of

impeachment against William Jefferson Clinton.

1 Resolved,

2 TITLE I—PROCEDURES CONCERNING THE AR3 TICLES OF IMPEACHMENT AGAINST WIL4 LIAM JEFFERSON CLINTON

5 SEC. 101. That the deposition time for all witnesses

6 be determined by the Senate Majority Leader and Minor7 ity Leader, as outlined in Senate Resolution 16, One Hun8 dred Sixth Congress, First Session, and title II of this res9 olution and that all Senators have an opportunity to re-
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1 view all deposition material, which shall be made available

2 at the earliest possible time.

3 SEC. 102. When the Senate reconvenes on the day

4 after completion of the depositions, and the review period,

5 it shall be in order for both the House Managers and the

6 President’s counsel to move to resolve any objections made

7 during any deposition. After resolution of any such mo8 tions, it shall be in order for the House Managers and/

9 or White House counsel to make a motion or motions to

10 admit the depositions or portions thereof into evidence,

11 whether transcribed or on videotape provided further for

12 a presentation employing all or portions of such tape, and

13 it shall then be in order for the two Leaders jointly, only

14 to make motions for additional discovery because of new

15 relevant evidence discovered during the depositions. Mo16 tions may also then be made for orders governing the pres17 entation of evidence and/or the testifying of witnesses be18 fore the Senate.

19 SEC. 103. If no such motions are made, or following

20 the completion of any procedures authorized as a result

21 of the votes on any motions, the White House shall have

22 up to 24 hours to make any motions dealing with testi23 mony or evidence that the White House counsel deems ap24 propriate, as described previously.
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1 SEC. 104. If no such motions are made, or no wit2 nesses are called to testify in the Senate, the Senate shall

3 proceed to final arguments as provided in the impeach4 ment rules waiving the two person rule contained in Rule

5 XXII of the Rules of Procedure and Practice in the Senate

6 When Sitting on Impeachment Trials for not to exceed

7 six hours, to be equally divided. If motions are agreed to

8 regarding new evidence or calling of new witnesses, this

9 resolution is suspended.

10 SEC. 105. At the conclusion of the final arguments

11 the parties shall proceed in accordance with the rules of

12 impeachment: Provided however, That no motion with re13 spect to reopening the record in the case shall be in order,

14 and: Provided further, That it shall be in order for a Sen15 ator to offer a motion to suspend the rules to allow for

16 open final deliberations with no amendments or motions

17 to that motion in order; and the Senate shall proceed to

18 vote on the motion to suspend the rules to provide for open

19 Senate deliberations.

20 SEC. 106. Following that vote, and if no motions have

21 been agreed to as provided in sections 102 and 103, and

22 no motions are agreed to following the arguments, then

23 the vote will occur on the articles of impeachment no later

24 than 12:00 noon on Friday, February 12, 1999, if all mo25 tions are disposed of and final deliberations are completed.
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1 TITLE II—TO AUTHORIZE ISSUANCE OF SUB2 POENAS TO TAKE DEPOSITIONS IN THE

3 TRIAL OF THE ARTICLES OF IMPEACH4 MENT AGAINST WILLIAM JEFFERSON CLIN5 TON, PRESIDENT OF THE UNITED STATES

6 SEC. 201. That, pursuant to Rules V and VI of the

7 Rules of Procedure and Practice in the Senate When Sit8 ting on Impeachment Trials, and Senate Resolution 16,

9 One Hundred Sixth Congress, First Session, the Chief

10 Justice of the United States, through the Secretary of the

11 Senate, shall issue subpoenas for the taking of testimony

12 on oral deposition to the following witnesses: Sidney

13 Blumenthal, Monica S. Lewinsky, and Vernon E. Jordan,

14 Jr.

15 SEC. 202. The Sergeant at Arms is authorized to uti16 lize the services of the Deputy Sergeant at Arms or any

17 other employee of the United States Senate in serving the

18 subpoenas authorized to be issued by this resolution.

19 SEC. 203. Depositions authorized by this resolution

20 shall be taken before, and presided over by, on behalf of

21 the Senate, two Senators appointed by the Majority Lead22 er and the Democratic Leader, acting jointly, one of whom

23 shall administer to witnesses the oath prescribed by Rule

24 XXV of the Rules of Procedure and Practice in the Senate

25 When Sitting on Impeachment Trials. Acting jointly, the
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1 presiding officers shall have authority to rule, as an initial

2 matter, upon any question arising out of the deposition.

3 All objections to a question shall be noted by the presiding

4 officers upon the record of the deposition but the examina5 tion shall proceed, and the witness shall answer such ques6 tion. A witness may refuse to answer a question only when

7 necessary to preserve a legally-recognized privilege, or con8 stitutional right, and must identify such privilege cited if

9 refusing to answer a question.

10 SEC. 204. Examination of witnesses at depositions

11 shall be conducted by the Managers on the part of the

12 House or their counsel, and by counsel for the President.

13 Witnesses shall be examined by no more than two persons

14 each on behalf of the Managers and counsel for the Presi15 dent. Witnesses may be accompanied by counsel. The

16 scope of the examination by the Managers and counsel for

17 both parties shall be limited to the subject matters re18 flected in the Senate record. The party taking a deposition

19 shall present to the other party, at least 18 hours in ad20 vance of the deposition, copies of all exhibits which the

21 deposing party intends to enter into the deposition. No

22 exhibits outside of the Senate record shall be employed,

23 except for articles and materials in the press, including

24 electronic media. Any party may interrogate any witness

25 as if that witness were declared adverse.
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1 SEC. 205. The depositions shall be videotaped and a

2 transcript of the proceedings shall be made. The deposi3 tions shall be conducted in private. No person shall be ad4 mitted to any deposition except for the following: The wit5 ness, counsel for the witness, the Managers on the part

6 of the House, counsel for the Managers, counsel for the

7 President, and the presiding officers; further, such per8 sons whose presence is required to make and preserve a

9 record of the proceedings in videotaped and transcript

10 forms, and Senate staff members whose presence is re11 quired to assist the presiding officers in presiding over the

12 depositions, or for other purposes, as determined by the

13 Majority Leader and the Democratic Leader. All present

14 must maintain the confidentiality of the proceedings.

15 SEC. 206. The presiding officers at the depositions

16 shall file the videotaped and transcribed records of the

17 depositions with the Secretary of the Senate, who shall

18 maintain them as confidential proceedings of the Senate.

19 The Sergeant at Arms is authorized to make available for

20 review at secure locations, any of the videotaped or tran21 scribed deposition records to Members of the Senate, one

22 designated staff member per Senator, and the Chief Jus23 tice. The Senate may direct the Secretary of the Senate

24 to distribute such materials, and to use whichever means

25 of dissemination, including printing as Senate documents,
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1 printing in the Congressional Record, photo- and video2 duplication, and electronic dissemination, he determines to

3 be appropriate to accomplish any distribution of the

4 videotaped or transcribed deposition records that he is di5 rected to make pursuant to this section.

6 SEC. 207. The depositions authorized by this resolu7 tion shall be deemed to be proceedings before the Senate

8 for purposes of Rule XXIX of the Standing Rules of the

9 Senate, Senate Resolution 259, One Hundredth Congress,

10 First Session, sections 191, 192, 194, 288b, 288d, 288f

11 of title 2, United States Code, sections 6002, 6005 of title

12 18, United States Code, and section 1365 of title 28,

13 United States Code. The Secretary shall arrange for sten14 ographic assistance, including videotaping, to record the

15 depositions as provided in section 205. Such expenses as

16 may be necessary shall be paid from the Appropriation Ac17 count—Miscellaneous Items in the contingent fund of the

18 Senate upon vouchers approved by the Secretary.

19 SEC. 208. The Majority and Minority Leaders, acting

20 jointly, may make other provisions for the orderly and fair

21 conduct of these depositions as they seem appropriate.

22 SEC. 209. The Secretary shall notify the Managers

23 on the part of the House, and counsel for the President,

24 of this resolution.

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