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[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. Res. 47 Agreed to Senate (ATS)]

<DOC>

117th CONGRESS
  1st Session
S. RES. 47

To provide for related procedures concerning the article of impeachment 
   against Donald John Trump, former President of the United States.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                            February 9, 2021

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

_______________________________________________________________________

                               RESOLUTION

 
To provide for related procedures concerning the article of impeachment 
   against Donald John Trump, former President of the United States.

    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. 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.
                                 <all>
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