III 

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. 

1 Resolved, 

2 SECTION 1. The House of Representatives shall file 

3 its record with the Secretary of the Senate, which will con4 sist of those publicly available materials that have been 

5 submitted to or produced by the House Judiciary Com6 mittee, including transcripts of public hearings or mark7 ups and any materials printed by the House of Represent8 atives or the House Judiciary Committee pursuant to 

9 House Resolution 24 or House Resolution 40. All mateVerDate Sep 11 2014 21:54 Feb 09, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\SR47.ATS SR47

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1 rials filed pursuant to this section shall be printed and 

2 made available to all parties. 

3 SEC. 2. When, pursuant to Senate Resolution 16, the 

4 Senate convenes as a Court of Impeachment on Tuesday, 

5 February 9, 2021, there shall immediately be 4 hours of 

6 argument by the parties, equally divided, on the question 

7 whether Donald John Trump is subject to the jurisdiction 

8 of a court of impeachment for acts committed while Presi9 dent of the United States, notwithstanding the expiration 

10 of his term in that office. Each side may determine the 

11 number of persons to present argument on the foregoing 

12 question. The Senate, without any intervening action, mo13 tion, or amendment, except for deliberation by the Senate, 

14 if so ordered under the Rules of Procedure and Practice 

15 in the Senate When Sitting on Impeachment Trials (re16 ferred to in this resolution as the ‘‘Rules of Impeach17 ment’’), shall then decide the foregoing question by the 

18 yeas and nays. If a majority of Senators voting, a quorum 

19 being present, shall vote in the negative, the Senate shall 

20 order that the article of impeachment be immediately dis21 missed and the Secretary shall notify the House of Rep22 resentatives of the order of dismissal. If a majority of Sen23 ators voting, a quorum being present, shall vote in the af24 firmative, the Senate shall proceed as provided in this res25 olution. 


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1 SEC. 3. The former President and the House of Rep2 resentatives shall have until 9:00 a.m. on Wednesday, 

3 February 10, 2021, to file any motions permitted under 

4 the Rules of Impeachment with the exception of motions 

5 to subpoena witnesses or documents or any other evi6 dentiary motions. Responses to any such motions shall be 

7 filed no later than 11:00 a.m. on Wednesday, February 

8 10, 2021. All materials filed pursuant to this section shall 

9 be filed with the Secretary and be printed and made avail10 able to all parties. Arguments on such motions shall begin 

11 at 12:00 p.m. on Wednesday, February 10, 2021, and 

12 each side may determine the number of persons to make 

13 its presentation, following which the Senate shall delib14 erate, if so ordered under the Rules of Impeachment, and 

15 vote on any such motions. 

16 SEC. 4. Following the disposition of such motions, or 

17 if no motions are made, then the House of Representatives 

18 shall make its presentation in support of the article of im19 peachment for a period of time not to exceed 16 hours, 

20 over up to 2 session days. If no motions are made under 

21 section 3, the House of Representatives shall begin its 

22 presentation at 12:00 p.m. on Wednesday, February 10, 

23 2021. Following the House of Representatives’ presen24 tation, the former President shall make his presentation 

25 for a period not to exceed 16 hours, over up to 2 session 


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1 days. Each side may determine the number of persons to 

2 make its presentation. Each side shall have the right to 

3 decide for how many hours it shall make its presentation 

4 on each of the up to 2 session days allotted to it, except 

5 that neither side shall make its presentation for more than 

6 8 hours on any single session day. The parties’ presen7 tations need not be limited to argument from the record 

8 described in section 1. 

9 SEC. 5. Upon the conclusion of the period allotted 

10 for presentations by the parties as provided under section 

11 4, Senators may question the parties for a period of time 

12 not to exceed 4 hours over not more than 1 session day. 

13 SEC. 6. Upon conclusion of the period allotted for 

14 Senators’ questions as provided under section 5, there 

15 shall be 2 hours of argument, equally divided between the 

16 parties, followed by deliberation by the Senate, if so or17 dered under the Rules of Impeachment, on the question 

18 of whether it shall be in order to consider and debate 

19 under the Rules of Impeachment any motion to subpoena 

20 witnesses or documents. The Senate, without any inter21 vening action, motion, or amendment, shall then decide 

22 by the yeas and nays whether it shall be in order to con23 sider and debate under the Rules of Impeachment any mo24 tion to subpoena witnesses or documents. Following the 


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1 disposition of that question, other motions provided under 

2 the Rules of Impeachment shall be in order. 

3 SEC. 7. (a) If the Senate agrees to allow either the 

4 House of Representatives or the former President to sub5 poena witnesses, the witnesses shall first be deposed and 

6 the parties shall be allowed other appropriate discovery. 

7 The Senate shall decide after deposition and other appro8 priate discovery which, if any, witnesses shall testify, pur9 suant to the Rules of Impeachment. No testimony shall 

10 be admissible in the Senate unless the parties have had 

11 the opportunity to depose such witnesses and to conduct 

12 other appropriate discovery. 

13 (b) If the Senate agrees to allow either party to sub14 poena witnesses, provisions for the admission of evidence, 

15 issuance of subpoenas, arrangements for depositions, 

16 other appropriate discovery, testimony by witnesses in the 

17 Senate, if such testimony is ordered by the Senate, and 

18 any related matters are to be determined by subsequent 

19 resolution of the Senate. 

20 SEC. 8. (a) If the Senate decides that no party shall 

21 be permitted to subpoena witnesses pursuant to section 

22 6, the House of Representatives shall be recognized to 

23 make a motion to admit into evidence the materials relied 

24 upon by the House of Representatives during the trial. 

25 The House of Representatives shall be recognized to make 


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1 such a motion, however, only if it has disclosed to the 

2 former President all materials it will move to admit into 

3 evidence at least 48 hours before making said motion. Ar4 guments on the motion shall be limited to 1 hour equally 

5 divided. The Senate, without any intervening action, mo6 tion, or amendment, shall then decide by the yeas and 

7 nays whether to admit into evidence such materials. If a 

8 majority of Senators voting, a quorum being present, shall 

9 vote in the affirmative, the materials shall be admitted 

10 into evidence. If a majority of Senators voting, a quorum 

11 being present, shall vote in the negative, the materials 

12 shall not be admitted into evidence. The former President 

13 shall then be recognized to make a motion to admit into 

14 evidence the materials relied upon by the former President 

15 during the trial. The former President shall be recognized 

16 to make such a motion, however, only if he has disclosed 

17 to the House of Representatives all materials he will move 

18 to admit into evidence at least 48 hours before making 

19 said motion. Arguments on the motion shall be limited to 

20 1 hour equally divided. The Senate, without any inter21 vening action, motion, or amendment, shall then decide 

22 by the yeas and nays whether to admit into evidence such 

23 materials. If a majority of Senators voting, a quorum 

24 being present, shall vote in the affirmative, the materials 

25 shall be admitted into evidence. If a majority of Senators 


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1 voting, a quorum being present, shall vote in the negative, 

2 the materials shall not be admitted into evidence. 

3 (b) The disclosure requirements established under 

4 subsection (a) shall not apply to evidence discovered by 

5 the movant after the disclosure deadline, so long as the 

6 movant declares in writing that the movant was unaware 

7 of such evidence until after the disclosure deadline, and 

8 that such evidence could not reasonably have been discov9 ered until after the disclosure deadline. 

10 (c) The admission of any evidence pursuant to this 

11 section shall not be treated as a concession by any party 

12 as to the truth of the matter asserted by the parties, and 

13 the Senate as the trier of fact shall decide the weight to 

14 be given such evidence. 

15 SEC. 9. Unless the Senate shall have already voted 

16 on the article of impeachment, the Senate shall convene 

17 as a Court of Impeachment at 2:00 p.m. on Sunday, Feb18 ruary 14, 2021, notwithstanding rule III of the Rules of 

19 Impeachment. 

20 SEC. 10. Immediately upon the conclusion of any ac21 tion by the Senate under section 8, or immediately upon 

22 the next day on which the Senate reconvenes as a Court 

23 of Impeachment after the conclusion of such action, the 

24 Senate shall proceed to final arguments as provided in the 

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1 tained in rule XXII of the Rules of Impeachment. Such 

2 arguments shall not exceed 4 hours, equally divided be3 tween the parties. 

4 SEC. 11. At the conclusion of final arguments as pro5 vided under section 10, the Senate, without intervening 

6 action, except for deliberation if so ordered under the 

7 Rules of Impeachment, shall vote on the article of im8 peachment. 

Æ 


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