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Transcript provided by FDCH

For additional transcripts or videotapes, call 1-800-CNN-NEWS (1-8000266-6397) or order online.

 TIME on politics Congressional Quarterly CNN/AllPolitics CNN/AllPolitics - Storypage, with TIME and Congressional Quarterly

Transcript: Senate votes on deposition procedure plans

January 28, 1999

CHIEF JUSTICE REHNQUIST: The Senate will convene as a court of impeachment. The chaplain will offer a prayer.

CHAPLAIN OGILVIE: Almighty God, thank you for the gift of vibrant confidence based on vital convictions. We are confident in your unlimited power. Therefore, at no time are we helpless or hapless. Our confidence is rooted in your commandments. Therefore, we are strengthened by your absolutes that give us enduring values.

Our courage is based on the assurance of your ever-present guiding spirit. Therefore, we will not fear. Our hope is rooted in trust in your reliability. Therefore, we will not be anxious.

Your interventions in trying times in the past have made us hopeful thinkers for the future. Therefore, we trust you. You have called us to glorify you and the work her in this Senate.

OGILVIE: Therefore, we give you our best for this day's responsibilities. You have guided our beloved nation through difficult periods of discord and division in the past. Therefore, we ask for your help in the present deliberations of the impeachment trial. Thank you for the courage that flows from our unshakable confidence in you through our Lord and savior. Amen.

REHNQUIST: The senators will be seated. The sergeant at arms will make the proclamation.

SARGENT AT ARMS: Hear ye, hear ye, hear ye, all persons are commanded to keep silent on pain of imprisonment while the Senate of the United States is sitting for the trial of the articles of impeachment exhibited by the House of Representatives against William Jefferson Clinton, president of the United States.

REHNQUIST: If there's no objection, the journal of proceedings of the trial are approved to date.

The chair recognizes the majority leader.

MAJORITY LEADER LOTT: Thank you, Mr. Chief Justice. And for the information of all our colleagues, obviously they've already received the word by the fact that they're not all present. But we're still attempting to reach an agreement with respect to the remaining procedures for the trial, particularly with regard to how and when the depositions would be taken.

We've been making progress, but it is something we need to be careful about. I'm hopeful that we'll be able to reach an agreement yet today. If an agreement is reached, I expect it very likely that a roll call vote would be requested on that agreement. And therefore, all members should be aware of that, and we will notify them via the hotline system as the voting schedule becomes clear.

And certainly we will keep the chief justice informed of our deliberations and when we anticipate the need to reconvene.

But in view of the continuing negotiations and conferences that are meeting at this time, I ask unanimous consent the Senate stand in recess until the hour of 2:00 p.m. today.

REHNQUIST: In the absence of objection, it's so ordered.

(RECESS)

REHNQUIST: The Senate will be in order. The chair recognizes the majority leader.

LOTT: Thank you again, Mr. Chief Justice.

Mr. Chief Justice, in an effort to get an agreement to how to proceed, it's very important that all parties are aware of the procedures that we're outlining, and that does include senators on both sides of the aisle, the House managers, the White House, the attorneys for the witnesses. And so it does take time. And just as we were prepared to come back in at 2:00 and move to a resolution, questions were raised about a couple of specific points, and we feel like those questions need to be clarified with certainty.

And rather than continue to recess hour to hour, which I know is not fair to the chief justice, I think it would be better at this point that we make sure the senators are aware that we are working to get an agreement on this procedure, and we need to get that done today so the depositions can get underway with the attorneys consulting with their clients Friday and Saturday, and hopefully the depositions will begin on Sunday and Monday and hopefully be completed by Tuesday. But we're working on the details of that.

This still could very well require a vote or two today or even tomorrow. But we will make that announcement once it's clear that it is going to take a recorded vote -- one or more, and exactly how that would work.

And so we will -- we will keep the chief justice notified of the expected timeframe and as the information comes available about exactly when we would come back into session and whether or not and how many votes will be required, we'll get that information to the senators.

But in view of all that, I now ask unanimous consent the Senate stand in recess subject to the call of the chair.

REHNQUIST: In the absence of objection, it's so ordered.

(RECESS)

REHNQUIST: The Senate will be in order. The majority leader is recognized.

LOTT: Thank you, Mr. Chief Justice. I thought we were ready to proceed. I see Senator Daschle's not on the floor. So he should be back momentarily. Maybe I can explain a few details. Here he's returning now, but we may still need a little more time.

We thank you for your patience and our colleagues on both sides for their patience as we have tried to work through the details of these resolutions now and how to proceed with the depositions. There are a lot of details to it and everybody needs to be relatively comfortable they understand how that would work. So that's why it's taken this additional time. But I think we are to the point where we're ready to proceed.

LOTT: I believe the way it would go now is that we would have a resolution that I would send to the desk, followed by a substitute from Senator Daschle, and then Senator Daschle's indicated that he -- they may want to have a motion to go straight to the articles of impeachment, and that would require three votes. And then we also at that point would make it clear that the depositions would begin on Monday, the first. And it's our intent to then go to those three votes.

And so I also understand that both sides are willing to waive -- the parties are willing to waive the debate time on these issues.

And with that explanation, I'd like to begin that process and I send a resolution to the desk and then ask that it be read in its entirety by the clerk, and time for the two parties be waived.

REHNQUIST: The clerk will read the motion in its entirety.

LOTT: And I believe there was a request for unanimous consent there.

REHNQUIST: Without objection, the request is agreed to.

CLERK: Senate Resolution 30 relative to the procedures concerning the articles of impeachment against William Jefferson Clinton.

Resolved that the deposition time for all witnesses be determined by the Senate majority leader and minority leader, as outlined in Senate Resolution 16 and the enclosed documents and that all senators have an opportunity to review all deposition material, which shall be make available at the earliest possible time.

CLERK: When the Senate reconvenes on the day after the completion of the depositions and the review period, it shall be in order for both the House managers and the president's counsel to move to resolve any objections made during any deposition.

After a resolution of any such motions, it shall be in order for the House managers and/or White House counsel to make a motion or motions to admit the depositions or portions thereof into evidence, whether transcribed or on videotape.

Provided further, for a presentation employing all portions of such tape, and it shall be in order for the two leaders jointly only to make motions for additional discovery because of new, relevant evidence discovered during the depositions.

CLERK: "Motions may also then be made for orders governing the presentation of evidence and/or the testifying of witnesses before the Senate. If no such motions are made, or following the completion of any procedures authorized as a result of the votes on any motions, the White House shall have up to 24 hours to make any motions dealing with testimony or evidence that the White House counsel deems appropriate as described above.

"If no such motions are made or no witnesses are called to testify in the Senate, the Senate shall proceed to final arguments as provided in the impeachment rules, waiving the two-person rule contained in rule 22 for not to exceed six hours to be equally divided. If motions are agreed to re. new evidence of calling of new witnesses, this resolution is suspended.

"At the conclusion of the final arguments, the parties shall proceed in accordance with the rules of impeachment, provided however that no motion with respect to reopening the record in the case shall be in order and provided further it shall be in order for a senator to offer a motion to suspend the rules to allow for open final deliberations with no amendments or motions to that motion and order. And the Senate shall proceed to vote on the motion to suspend the rules to provide for open Senate deliberations.

CLERK: Following that vote, and if no motions have been agreed to provided in paragraphs two and three and no motions are agreed to following the arguments, then the vote will occur on any pending motions and amendments thereto, and then, on the articles of impeachment, no later than 12 o'clock noon on Friday, February 12, 1999.

REHNQUIST: The chair recognizes the minority leader.

MINORITY LEADER DASCHLE: I have an amendment that I send to the desk.

REHNQUIST: The clerk will read the amendment.

CLERK: Amendment number one. In the resolution, strike all after the word "that" in the first line and insert the following:

"The deposition time for all witnesses to be deposed be limited to no later than close of business Wednesday, February 3rd, and that all Senators have an opportunity to review all depositions material, which shall be made available at the earliest possible time.

CLERK: When the Senate reconvenes the trial at 10 a.m. on Saturday, February 6, it shall be in order to resolve any objections that may not yet be resolved regarding the depositions.

After these deposition objections have been disposed of, it shall be in order for the House managers and/or the White House counsel to make a motion or motions to admit the depositions or portions thereof into evidence. Such motions shall be limited to transcribed deposition material only.

On Monday, February 8th, there shall be four hours equally divided for closing arguments, with the White House using the first two hours and the House Republican managers using the final two hours.

That upon the completion of the closing arguments, the Senate shall begin final deliberation on the articles. A timely motion filed to suspend the rules and open these deliberations shall be in order.

Upon the completion of these deliberations, the Senate shall, without any intervening action, amendment, motion or debate, vote on the articles of impeachment, provided further that the votes on the articles shall occur no later than 12 o'clock noon, Friday, February 12th.

SEN. HATCH: Parliamentary inquiry?

REHNQUIST: The chair recognizes the senator from Utah, Mr. Hatch.

HATCH: Can I ask the Chief Justice, does the majority leader's resolution -- does that also keep open the right of senators to file ...

REHNQUIST: The parliamentary says it takes a unanimous consent for a parliamentary inquiry.

HATCH: I would ask unanimous consent that I be permitted to ask one question -- a parliamentary inquiry.

REHNQUIST: Is there objection?

HATCH: Does the -- does the majority leader's resolution allow for the filing and consideration of motions that may not be mentioned in the resolution itself?

REHNQUIST: The parliamentary tells me it is never the function of the chair to interpret a resolution.

(LAUGHTER)

LOTT: Chief Justice?

REHNQUIST: Yes. The majority lewder.

LOTT: I believe that the regular order now is that we would go to a vote on the two resolutions. And just for the information the senators, after that Senator Daschle may have a motion again that I indicated earlier just to go to a vote on the articles of impeachment. And so there could be three votes now in order without intervening debate, and after that Senator Daschle and I will formally lock in the beginning time for the depositions.

I yield the floor.

REHNQUIST: The first vote will be on the amendment from the minority leader, the senator from South Dakota. The yeas and nays are required. The clerk will call the roll.

CLERK: Mr. Abraham.

ABRAHAM: No.

CLERK: Mr. Abraham, no.

Mr. Akaka.

AKAKA: Aye.

CLERK: Mr. Akaka, aye.

REHNQUIST: The Senate will be in order.

CLERK: Mr. Allard.

Mr. Ashcroft.

ASHCROFT: No.

CLERK: Mr. Ashcroft, no.

Mr. Baucus.

BAUCUS: Aye.

CLERK: Mr. Baucus, aye.

Mr. Bayh.

BAYH: Aye.

CLERK: Mr. Bayh, aye.

Mr. Bennett.

BENNETT: No.

CLERK: Mr. Bennett, no.

Mr. Biden.

BIDEN: Aye.

CLERK: Mr. Biden, aye.

Mr. Bingaman.

BINGAMAN: Aye.

CLERK: Mr. Bingaman, aye.

Mr. Bond.

CLERK: Mr. Bond, no.

Mrs. Boxer.

BOXER: Aye.

CLERK: Mrs. Boxer, aye.

CLERK: Mr. Breaux.

BREAUX: No.

CLERK: Mr. Breaux, aye.

Mr. Brownback.

BROWNBACK: No.

CLERK: Mr. Brownback, no.

Mr. Bryan.

BRYAN: Aye.

CLERK: Mr. Bryan, aye.

Mr. Bunning.

BUNNING: No.

CLERK: Mr. Bunning, no.

Mr. Burns.

BURNS: No.

CLERK: Mr. Burns, no.

Mr. Byrd.

BYRD: Aye.

CLERK: Mr. Byrd, aye.

Mr. Campbell.

CAMPBELL: No.

CLERK: Mr. Campbell, no.

Mr. Chafee.

CHAFEE: No.

CLERK: Mr. Chafee, no. Mr. Cleland.

CLELAND: Aye.

CLERK: Mr. Cleland, aye.

CLERK: Mr. Cochran.

COCHRAN: No.

CLERK: Mr. Cochran, no.

Ms. Collins.

Ms. Collins, no.

Mr. Conrad.

CONRAD: Aye.

CLERK: Mr. Conrad, aye.

Mr. Coverdell.

COVERDELL: No.

CLERK: Mr. Coverdell, no.

Mr. Craig

CRAIG: No.

CLERK: Mr. Craig, no.

Mr. Crapo.

CRAPO: No.

CLERK: Mr. Crapo, no.

Mr. Daschle.

Mr. Daschle, aye.

Mr. DeWine.

DEWINE: No.

CLERK: Mr. DeWine, no.

Mr. Dodd.

DODD: Aye.

CLERK: Mr. Dodd, aye.

Mr. Domenici.

DOMENICI: No.

CLERK: Mr. Domenici, no.

CLERK: Mr. Dorgan.

DORGAN: Aye.

CLERK: Mr. Dorgan, aye.

Mr. Durbin.

DURBIN: Aye.

CLERK: Mr. Durbin, aye.

Mr. Edwards.

EDWARDS: Aye.

CLERK: Mr. Edwards, aye.

Mr. Enzi.

ENZI: No.

CLERK: Mr. Enzi, no.

Mr. Feingold.

FEINGOLD: Aye.

CLERK: Mr. Feingold, aye.

Mrs. Feinstein.

FEINSTEIN: Aye.

CLERK: Mrs. Feinstein, aye.

Mr. Fitzgerald.

FITZGERALD: No.

CLERK: Mr. Fitzgerald, no.

Mr. Frist.

FRIST: No.

CLERK: Mr. Frist, no.

Mr. Gorton.

GORTON: No.

CLERK: Mr. Gorton, no.

Mr. Graham of Florida.

GRAHAM: Aye.

CLERK: Mr. Graham of Florida, aye.

Mr. Gramm of Texas.

GRAMM: No.

CLERK: Mr. Gramm of Texas, no.

Mr. Grams of Minnesota.

GRAMS: No.

CLERK: Mr. Grams of Minnesota, no.

Mr. Grassley

GRASSLEY: No.

CLERK: Mr. Grassley, no.

Mr. Gregg.

GREGG: No.

CLERK: Mr. Gregg, no.

Mr. Hagel.

HAGEL: No.

CLERK: Mr. Hagel, no.

Mr. Harkin.

Mr. Hatch.

HATCH: No.

CLERK: Mr. Hatch, aye.

Mr. Helms.

CLERK: Mr. Hatch, no.

Mr. Helms.

Mr. Hollings.

HOLLINGS: Aye.

CLERK: Mr. Hollings, aye.

Mr. Hutchinson of Arkansas.

HUTCHINSON: No.

CLERK: Mr. Hutchinson of Arkansas, no.

Mrs. Hutchison of Texas.

HUTCHISON: No.

CLERK: Mrs. Hutchison of Texas, no.

Mr. Inhofe.

INHOFE: No.

CLERK: Mr. Inhofe, no.

Mr. Inouye.

INOUYE: Aye.

CLERK: Mr. Inouye, aye.

Mr. Jeffords.

JEFFORDS: No.

CLERK: Mr. Jeffords, no.

Mr. Johnson.

JOHNSON: Aye.

CLERK: Mr. Johnson, aye.

CLERK: Mr. Inhofe.

INHOFE: No.

CLERK: Mr. Inhofe, no.

Mr. Inouye.

INOUYE: Aye.

CLERK: Mr. Inouye, aye.

Mr. Jeffords.

JEFFORDS: No.

CLERK: Mr. Jeffords, no.

Mr. Johnson.

JOHNSON: Aye.

CLERK: Mr. Johnson, aye.

Mr. Kennedy.

KENNEDY: Aye.

CLERK: Mr. Kennedy, aye.

Mr. Kerrey of Nebraska.

KERREY: Aye.

CLERK: Mr. Kerrey of Nebraska, aye.

Mr. Kerry of Massachusetts.

KERRY: Aye.

CLERK: Mr. Kerry of Massachusetts, aye.

Mr. Kohl.

KOHL: Aye.

CLERK: Mr. Kohl, aye.

Mr. Kyl.

KYL: No.

Mr. Kyl, no.

Ms. Landrieu.

LANDRIEU: Aye.

CLERK: Ms. Landrieu, aye.

Mr. Lautenberg.

LAUTENBERG: Aye.

CLERK: Mr. Lautenberg, aye.

Mr. Leahy.

LEAHY: Aye.

CLERK: Mr. Leahy, aye.

CLERK: Mr. Lugar.

LUGAR: No.

CLERK: Mr. Lugar, no.

Mr. Mack.

MACK: No.

CLERK: Mr. Mack, no.

Mr. McCain.

Mr. McCain, no.

Mr. McConnell.

Mr. McConnell, no.

Ms. Mikulski.

Mr. Moynihan.

MOYNIHAN: Aye.

CLERK: Mr. Moynihan, aye.

Mr. Murkowski.

MURKOWSKI: No.

CLERK: Mr. Murkowski, no.

Mrs. Murray.

MURRAY: Aye.

CLERK: Mrs. Murray, aye.

Mr. Nickles.

Mr. Nickles, no.

Mr. Reed of Rhode Island.

REED: Aye.

CLERK: Mr. Reed of Rhode Island, aye.

Mr. Reid of Nevada.

REID: Aye.

CLERK: Mr. Reid of Nevada, aye.

Mr. Robb.

ROBB: Aye.

CLERK: Mr. Robb, aye.

Mr. Roberts.

Mr. Roberts, no.

Mr. Rockefeller.

Mr. Rockefeller, aye.

Mr. Roth.

Mr. Roth, no.

Mr. Santorum.

SANTORUM: No.

CLERK: Mr. Santorum, no.

Mr. Sarbanes.

SARBANES: Aye.

CLERK: Mr. Sarbanes, aye.

Mr. Schumer.

SCHUMER: Aye.

CLERK: Mr. Schumer, aye.

Mr. Sessions.

SESSIONS: No.

CLERK: Mr. Sessions, no.

Mr. Shelby.

SHELBY: No.

CLERK: Mr. Shelby, no.

Mr. Smith of New Hampshire.

B. SMITH: No.

CLERK: Mr. Smith of New Hampshire, no.

Mr. Smith of Oregon.

G. SMITH: No.

CLERK: Mr. Smith of Oregon, no.

Ms. Snowe.

SNOWE: No.

CLERK: Ms. Snowe, no.

Mr. Specter.

SPECTER: No.

CLERK: Mr. Specter, no.

Mr. Stevens.

STEVENS: No.

CLERK: Mr. Stevens, no.

Mr. Thomas.

THOMAS: No.

CLERK: Mr. Thomas, no.

Mr. Thompson.

THOMPSON: No.

CLERK: Mr. Thompson, no.

Mr. Thurmond.

THURMOND: No.

CLERK: Mr. Thurmond, no.

Mr. Torricelli.

Mr. Voinovich.

VOINOVICH: No.

CLERK: Mr. Voinovich, no.

Mr. Warner.

WARNER: No.

CLERK: Mr. Warner, no.

Mr. Wellstone.

WELLSTONE: Aye.

CLERK: Mr. Wellstone, aye.

Mr. Wyden.

WYDEN: Aye.

CLERK: Mr. Wyden, aye.

Mr. Harkin.

HARKIN: Aye.

CLERK: Mr. Harkin, aye.

Mr. Helms.

HELMS: No.

CLERK: Mr. Helms, no.

Mr. Torricelli.

TORRICELLI: Aye.

CLERK: Mr. Torricelli, aye.

REHNQUIST: The Senate will be in order.

REHNQUIST: On this vote the yeas are 44, the nays are 54, and the amendment is not agreed to.

The question now is on S. Res. 30, the resolution offered by Senator Lott. The yeas and nays are called for and the clerk will call the roll.

The minority leader.

The clerk will report the amendment.

CLERK: Amendment number two: "In the resolution, strike 'all' after the word 'that' in the first line and insert the following: 'The Senate now proceed to closing arguments. That there be two hours for the White House counsel, followed by two hours for the House managers, and that at the conclusion of this time the Senate proceed to vote on each of the articles without intervening action, motion or debate except for deliberations if so decided by the Senate.'"

REHNQUIST: The question is on the amendment just read. The yeas and nays are automatic. The clerk will call the roll.

CLERK: Mr. Abraham.

Mr. Akaka.

Mr. Allard.

Mr. Ashcroft.

Mr. Baucus.

Mr. Bayh.

Mr. Bennett.

Mr. Biden

Mr. Bingaman.

REHNQUIST: The Senate will be in order. Proceed.

CLERK: Mr. Bingaman.

Mr. Bond.

Mrs. Boxer.

Mr. Breaux.

Mr. Brownback.

Mr. Bryan.

Mr. Bunning.

Mr. Burns.

Mr. Byrd.

Mr. Campbell.

Mr. Chafee.

Mr. Cleland.

Mr. Cochran.

Ms. Collins.

Mr. Conrad.

Mr. Coverdell.

Mr. Craig.

Mr. Crapo.

Mr. Daschle.

Mr. DeWine.

Mr. Dodd.

Mr. Domenici.

Mr. Dorgan.

Mr. Durbin.

Mr. Edwards.

Mr. Enzi.

Mr. Feingold.

Mrs. Feinstein.

Mr. Fitzgerald.

Mr. Frist.

Mr. Gorton.

Mr. Graham of Florida.

Mr. Gramm of Texas.

Mr. Grams of Minnesota.

Mr. Grassley.

Mr. Gregg.

Mr. Hagel.

Mr. Harkin.

CLERK: Mr. Hatch.

Mr. Helms.

Mr. Hollings.

Mr. Hutchinson of Arkansas.

Mrs. Hutchison of Texas.

Mr. Inhofe.

Mr. Inouye.

Mr. Jeffords.

JEFFORDS: No.

CLERK: Mr. Johnson.

JOHNSON: Aye.

CLERK: Mr. Kennedy.

KENNEDY: Aye.

CLERK: Mr. Kerrey of Nebraska.

Mr. Kerry of Massachusetts.

Mr. Kohl.

Mr. Kyl.

Ms. Landrieu.

LANDRIEU: Aye.

CLERK: Mr. Lautenberg.

LAUTENBERG: Aye.

CLERK: Mr. Leahy.

Mr. Levin.

Mr. Lieberman.

Mrs. Lincoln.

Mr. Lott.

Mr. Lugar.

Mr. Mack.

Mr. McCain.

Mr. McConnell.

Ms. Mikulski.

Mr. Moynihan.

Mr. Murkowski.

MURKOWSKI: No.

CLERK: Mrs. Murray.

Mr. Nickles.

Mr. Reed of Rhode Island.

REED: Aye.

CLERK: Mr. Reid of Nevada.

Mr. Robb.

ROBB: Aye.

CLERK: Mr. Roberts.

Mr. Rockefeller.

Mr. Roth.

Mr. Santorum.

Mr. Sarbanes.

SARBANES: Aye.

CLERK: Mr. Schumer.

SCHUMER: Aye.

CLERK: Mr. Sessions.

SESSIONS: No.

CLERK: Mr. Shelby. SHELBY: No.

CLERK: Mr. Smith of New Hampshire.

Mr. Smith of Oregon.

Ms. Snowe.

SNOWE: No.

CLERK: Mr. Specter.

SPECTER: No.

CLERK: Mr. Stevens.

STEVENS: No.

CLERK: Mr. Thomas.

Mr. Thompson.

Mr. Thurmond.

Mr. Torricelli.

TORRICELLI: Aye.

CLERK: Mr. Voinovich.

Mr. Warner.

Mr. Wellstone.

WELLSTONE: Aye.

CLERK: Mr. Wyden.

WYDEN: Aye.

CLERK: Senators voting in the affirmative: Akaka, Baucus, Bayh, Biden, Bingaman, Boxer, Bryan, Byrd, Cleland, Conrad, Daschle, Dodd, Dorgan, Durbin, Edwards, Feinstein, Graham of Florida, Harkin, Hollings, Inouye, Johnson, Kennedy, Kerrey of Nebraska, Kerry of Massachusetts, Kohl, Landrieu, Lautenberg, leahy, Levin, Leiberman, Lincoln, Moynihan, Murray, Reed of Rhode Island, Reid of Nevada, Robb, Rockefeller, Sarbanes, Schumer Torricelli, Wellstone and Wyden.

Senators voting in the negative: Akaka -- Abraham, Ashcroft, Bennett, Bond, Brownback, Bunning, Burns, Campbell, Chafee, Cochran, Collins, Coverdell, Craig, Crapo, DeWine, Domenici, Enzi, Feingold, Fitzgerald, Frist, Gorton, Gramm of Texas, Grams of Minnesota, Grassley, Gregg, Hagel, Hatch, Helms, Hutchinson of Arkansas, Hutchison of Texas, Inhofe, Jeffords, Kyl, Lott, Lugar, Mack, McCain, McConnell, Murkowski, Nickles, Roberts, Roth, Santorum, Sessions, Shelby, Smith of New Hampshire, Smith of Oregon, Snowe, Specter, Stevens, Thomas, Thompson, Thurmond, Voinovich and Warner.

REHNQUIST: The chair recognizes the Senator from Louisiana.

CLERK: Mr. Breaux.

Mr. Breaux, aye.

CLERK: On this vote the yeas are 43, the nays are 55 and the amendment is not agreed to.

REHNQUIST: The majority leader.

LOTT: Mr. Chief Justice, I suggest the absence of a quorum.

REHNQUIST: The clerk will call the roll.

CLERK: Mr. Abraham.

Mr. Akaka.

Mr. Allard.

Mr. Ashcroft.

Mr. Baucus.

Mr. Bayh.

Mr. Bennett.

Mr. Biden.

Mr. Bingaman.

Mr. Bond.

Mrs. Boxer.

Mr. Breaux.

Mr. Brownback.

Mr. Bryan.

Mr. Bunning.

Mr. Burns.

LOTT: Mr. Chief Justice.

REHNQUIST: The majority leader is recognized.

LOTT: I ask that the quorum call be dispensed with.

REHNQUIST: Without objection, so ordered.

(UNKNOWN): Could we have order please? Could we have order?

REHNQUIST: The Senate will be in order.

Without objection, it's ordered that the quorum call be dispensed with. LOTT: Mr. Chief Justice, I send an amendment to the desk modifying the last paragraph of page three, and I ask that it be agreed to and the motion to reconsider be laid upon the table.

REHNQUIST: The clerk will report the amendment.

CLERK: Amendment number three on page three, strike the words "any pending motions and amendments thereto and then on" and insert the following at the end: "if all motions are disposed of and final deliberations are completed."

REHNQUIST: Without objection the amendment is agreed to.

The question is on the resolution as amended. The yeas and nays are automatic, the clerk will call the roll.

(ROLL CALL VOTE)

REHNQUIST: On this vote, the yeas are 54, the nays are 44, and the resolution as amended is agreed to.

Now what do we do. The chair recognizes the majority leader.

LOTT: Mr. Chief Justice, with regard to the beginning of depositions, I ask unanimous consent that the enclosed document be the substitute for the document sent earlier to the desk, and the enclosed consent agreement be agreed to, all of which deal with the taking of depositions.

REHNQUIST: Is there objection? Without objection, it's so ordered.

LOTT: Now I understand, Mr. Chief Justice, that the Democratic leader is prepared to agree that the depositions will begin on Monday, February the 1st, and with this having been decided and the vote we just took, we have discussed the schedule for the balance of the week.

In view of the fact that at this point, the parties will begin to prepare for depositions and the depositions will begin on Monday, members will not be expected to be here for any business before Wednesday. But we -- we could be required to have a session Wednesday afternoon, and I want to emphasize that as the deposition material becomes available, we will have the sergeant-at-arms have it in a room for members to begin to review.

LOTT: So beginning Tuesday, senators that would like to begin reviewing the depositions, the material from the depositions, it will be available in installments as it comes available on Tuesday. So you would have that opportunity Tuesday and Wednesday.

Not later than Thursday, then, we would go to the next phase of our agreement that we have voted on. But at this time we're notifying the members that there would be no further recorded votes and no further business while we await the return of the depositions through Friday, Saturday, Sunday, Monday and Tuesday.

But members should expect to be here on Wednesday. And they would need to be here on Wednesday in order to begin to make sure they've had time to view the documents, the deposition material, so that we can proceed then on Thursday.

(UNKNOWN): Majority leader yield for a question?

LOTT: I would yield.

(UNKNOWN): I just wonder, are senators allowed to attend these depositions or not (OFF-MIKE)...

LOTT: Now, under the agree we just passed, there will be -- Mr. Chief Justice, if I may proceed to respond to that question?

REHNQUIST: Without objection.

LOTT: There will be a senator from each side at the deposition who will preside over the depositions. And Senator Daschle and I, also will be certain staff there. But a senator other than the two presiding senators would not be in order on what we agreed to. But there will be one from each side that will be presiding and will actually make determinations when objections are made.

I yield the floor, Mr. Chief Justice. I now ask unanimous consent that the court of impeachment stand in adjournment until the hour of 1:00 p.m. on Thursday, February 5. I further ask consent that the Senate now resume legislative session so that it may attend to several legislative matters.

REHNQUIST: Without objection, it's so ordered.

END

Jan 28, 1999 19:02 ET


Investigating the President

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