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Prosecution has swayed some senators on witness question

January 15, 1999
Web posted at: 8:11 p.m. EST (0111 GMT)

WASHINGTON (AllPolitics, January 15) -- For six hours Thursday and five hours Friday, the House prosecution team has slowly and methodically argued their case that President Bill Clinton perjured himself and obstructed justice and that those crimes are impeachable. But how are their statements being received by the senators?

Having taken an oath to do "impartial justice," most are reluctant to state how they are leaning in the case. But several lawmakers said the case presented was so far strong enough that they are now inclined to support the managers' call for witnesses.

Sen. Mitch McConnell (R-Kentucky) said, "I have been one of the Republicans who has been somewhat skeptical about needing witnesses but I must say after listening to the presentations yesterday and today, unless the president's lawyers want to stipulate most of the facts, it appears as if the argument for live witnesses is strengthening."

A key Democrat also said his position on witnesses was shifting as well. "I told you publicly I was leaning against all witnesses and in the spirit of fair play I'm now telling you publicly I'm leaning for it," Sen. Patrick Leahy (D-Vermont) said. Leahy left open the possibility that the White House's presentation next week could change his mind again.

There have been some complaints that the presentations have been overly repetitious, with many of the managers citing from the same parts of the written record.

Rep. Lindsey Graham (R-South Carolina), who will present his statement Saturday, admitted that what the House managers did Friday was "not as exciting as it was yesterday," but he reiterated its importance in rendering a decision.

And Sen. Chris Dodd (D-Connecticut) saw a hole in one of the managers' arguments that he thinks the White House can capitalize on. "One of the arguments made by the House managers is that you have got to treat the president like federal judges. I think the White House will challenge that."

"You can impeach a federal judge in this country for the failure to demonstrate good behavior during his tenure. I don't think we want to apply that standard to the future of the presidency. So the standard for evicting, convicting, evicting him from the White House is a very high standard indeed."

After Thursday's session, one senior Republican senator told CNN he was unimpressed with the first day of opening statements by the House managers. "I was taking notes just to keep from falling asleep," he told CNN.

The Republican, a southern conservative, said the House managers did not make an effective case for calling witnesses.

"The vote to dismiss is going to be very close," he said, looking to the expected vote to end the trial after opening statements. If that votes loses, but garners more than 34 votes, he said House managers will have a very difficult time making the case for witnesses.

The view expressed by this Republican, however, is a minority view among GOP senators. The general consensus among Republican senators is that witnesses will be called, and that even a few Democrats will vote for calling witnesses.

CNN's Jonathan Karl contributed to this report.

Investigating the President

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Friday January 15, 1999

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