SENATE RESOLUTION 501--AMENDING THE RULES OF PROCEDURE AND PRACTICE IN THE SENATE WHEN SITTING ON IMPEACHMENT TRIALS TO ENSURE ADEQUATE ACCESS TO WITNESSES AND DOCUMENTS IN IMPEACHMENT TRIALS OF A...; Congressional Record Vol. 166, No. 30
(Senate - February 13, 2020)
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[Page S1079]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SENATE RESOLUTION 501--AMENDING THE RULES OF PROCEDURE AND PRACTICE IN
THE SENATE WHEN SITTING ON IMPEACHMENT TRIALS TO ENSURE ADEQUATE ACCESS
TO WITNESSES AND DOCUMENTS IN IMPEACHMENT TRIALS OF A PRESIDENT OR VICE
PRESIDENT, AND FOR OTHER PURPOSES
Mr. MERKLEY (for himself and Mr. Van Hollen) submitted the following
resolution; which was referred to the Committee on Rules and
Administration:
S. Res. 501
Resolved,
SECTION 1. WITNESSES AND DOCUMENTS IN IMPEACHMENT TRIALS OF A
PRESIDENT OR VICE PRESIDENT.
(a) In General.--The Rules of Procedure and Practice in the
Senate When Sitting on Impeachment Trials are amended by
adding at the end the following:
``XXVII. In an impeachment trial of the President or the
Vice President, upon whom the powers and duties of the Office
of President shall have devolved, each party may move to
issue 1 or more subpoenas to obtain testimony from witnesses.
If the Presiding Officer determines the testimony of a
witness for whom a subpoena is sought is material and
relevant to the impeachment trial and not redundant, the
Presiding Officer, through the Secretary of the Senate, shall
issue a subpoena for the taking of testimony of the witness.
A Senator may raise a point of order that a subpoena for the
taking of testimony of a witness should not be issued. If a
point of order is raised, the Presiding Officer shall submit
the point of order to a vote of the Senate without debate. A
vote under this Rule shall be taken in accordance with the
Standing Rules of the Senate.
``XXVIII. In an impeachment trial of the President or the
Vice President, upon whom the powers and duties of the Office
of President shall have devolved, each party may move to
issue 1 or more subpoenas to obtain documents. If the
Presiding Officer determines the documents for which a
subpoena is sought are material and relevant to the
impeachment trial and not redundant, the Presiding Officer,
through the Secretary of the Senate, shall issue a subpoena
requiring production of the documents. A Senator may raise a
point of order that a subpoena requiring production of the
documents should not be issued. If a point of order is
raised, the Presiding Officer shall submit the point of order
to a vote of the Senate without debate. A vote under this
Rule shall be taken in accordance with the Standing Rules of
the Senate.
``XXIX. It shall not be in order to consider a resolution
or motion establishing procedures for an impeachment trial,
or an amendment thereto, that would modify, supersede, waive,
or be inconsistent with any portion of Rule VII, XXVII, or
XXVIII.''.
(b) Evidentiary Questions.--Rule VII of the Rules of
Procedure and Practice in the Senate When Sitting on
Impeachment Trials is amended--
(1) in the second sentence--
(A) by striking ``may rule'' and inserting ``shall rule'';
and
(B) by inserting ``, except in the impeachment trial of the
President of Vice President, upon whom the powers and duties
of the Office of President shall have devolved,'' before ``he
may at his option''; and
(2) by adding at the end the following: ``In an impeachment
trial of the President or the Vice President, upon whom the
powers and the duties of the office of President shall have
devolved, the Presiding Officer shall rule on any assertion
of privilege or immunity in connection with the production of
testimony, documents, or other evidence.''.
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