Posted on 12/19/2019 3:38:42 AM PST by Cboldt
113th Congress, 1st Session Senate Document 113-1
SENATE MANUAL CONTAINING THE STANDING RULES, ORDERS, LAWS, AND RESOLUTIONS AFFECTING THE BUSINESS OF THE UNITED STATES SENATE
Prepared by MATTHEW MCGOWAN
Under the Direction of KELLY L. FADO Staff Director
COMMITTEE ON RULES AND ADMINISTRATION Chairman, CHARLES E. SCHUMER
UNITED STATES SENATE ONE HUNDRED THIRTEENTH CONGRESS
U.S. Government Printing Office Washington : 2014 Available via the World Wide Web: www.gpo.gov/senatemanual
COMMITTEE ON RULES AND ADMINISTRATION
CHARLES E. SCHUMER, New York, Chairman
DIANNE FEINSTEIN, California PAT ROBERTS, Kansas RICHARD J. DURBIN, Illinois MITCH MCCONNELL, Kentucky MARK L. PRYOR, Arkansas THAD COCHRAN, Mississippi TOM UDALL, New Mexico SAXBY CHAMBLISS, Georgia MARK WARNER, Virginia LAMAR ALEXANDER, Tennessee PATRICK LEAHY, Vermont RICHARD SHELBY, Alabama AMY KLOBUCHAR, Minnesota ROY BLUNT, Missouri ANGUS S. KING, JR., Maine TED CRUZ, Texas JOHN E. WALSH, Montana
KELLY L. FADO, Staff Director MARY SUIT JONES, Republican Staff Director
Printed pursuant to 44 U.S.C. 720.
RULES OF PROCEDURE AND PRACTICE IN THE SENATE WHEN SITTING ON IMPEACH- MENT TRIALS
[Revised pursuant to S. Res. 479, 99-2, Aug. 16, 1986]
I. Whensoever the Senate shall receive notice from the House of Representatives that managers are appointed on their part to conduct an impeachment against any person and are directed to carry articles of impeachment to the Senate, the Secretary of the Senate shall immediately in- form the House of Representatives that the Senate is ready to receive the managers for the purpose of exhibiting such articles of impeachment, agreeably to such notice.
II. When the managers of an impeachment shall be intro- duced at the bar of the Senate and shall signify that they are ready to exhibit articles of impeachment against any person, the Presiding Officer of the Senate shall direct the Sergeant at Arms to make proclamation, who shall, after making proclamation, repeat the following words, viz: ``All persons are commanded to keep silence, on pain of impris- onment, while the House of Representatives is exhibiting to the Senate of the United States articles of impeachment against ------ ------''; after which the articles shall be exhibited, and then the Presiding Officer of the Senate shall inform the managers that the Senate will take proper order on the subject of the impeachment, of which due no- tice shall be given to the House of Representatives.
III. Upon such articles being presented to the Senate, the Senate shall, at 1 o'clock afternoon of the day (Sunday excepted) following such presentation, or sooner if ordered by the Senate, proceed to the consideration of such articles and shall continue in session from day to day (Sundays excepted) after the trial shall commence (unless otherwise ordered by the Senate) until final judgment shall be ren- dered, and so much longer as may, in its judgment, be needful. Before proceeding to the consideration of the arti- cles of impeachment, the Presiding Officer shall administer
the oath hereinafter provided to the members of the Senate then present and to the other members of the Senate as they shall appear, whose duty it shall be to take the same.
IV. When the President of the United States or the Vice President of the United States, upon whom the powers and duties of the Office of President shall have devolved, shall be impeached, the Chief Justice of the United States shall preside; and in a case requiring the said Chief Justice to preside notice shall be given to him by the Presiding Officer of the Senate of the time and place fixed for the consider- ation of the articles of impeachment, as aforesaid, with a request to attend; and the said Chief Justice shall be ad- ministered the oath by the Presiding Officer of the Senate and shall presideover the Senate during the consideration of said articles and upon the trial of the person impeached therein.
V. The Presiding Officer shall have power to make and issue, by himself or by the Secretary of the Senate, all orders, mandates, writs, and precepts authorized by these rules or by the Senate, and to make and enforce such other regulations and orders in the premises as the Senate may authorize or provide.
VI. The Senate shall have power to compel the attend- ance of witnesses, to enforce obedience to its orders, man- dates, writs, precepts, and judgments, to preserve order, and to punish in a summary way contempts of, and disobe- dience to, its authority, orders, mandates, writs, precepts, or judgments, and to make all lawful orders, rules, and regulations which it may deem essential or conducive to the ends of justice. And the Sergeant at Arms, under the direction of the Senate, may employ such aid and assist- ance as may be necessary to enforce, execute, and carry into effect the lawful orders, mandates, writs, and precepts of the Senate.
VII. The Presiding Officer of the Senate shall direct all necessary preparations in the Senate Chamber, and the Presiding Officer on the trial shall direct all the forms of proceedings while the Senate is sitting for the purpose of trying an impeachment, and all forms during the trial not otherwise specially provided for. And the Presiding Officer on the trial may rule on all questions of evidence including, but not limited to, questions of relevancy, materiality, and redundancy of evidence and incidental questions, which ruling shall stand as the judgment of the Senate, unless some Member of the Senate shall ask that a formal vote be taken thereon, in which case it shall be submitted to the Senate for decision without debate; or he may at his option, in the first instance, submit any such question to a vote of the Members of the Senate. Upon all such ques- tions the vote shall be taken in accordance with the Stand- ing Rules of the Senate.
VIII. Upon the presentation of articles of impeachment and the organization of the Senate as hereinbefore pro- vided, a writ of summons shall issue to the person im- peached, reciting said articles, and notifying him to appear before the Senate upon a day and at a place to be fixed by the Senate and named in such writ, and file his answer to said articles of impeachment, and to stand to and abide the orders and judgments of the Senate thereon; which writ shall be served by such officer or person as shall be named in the precept thereof, such number of days prior to the day fixed for such appearance as shall be named in such precept, either by the delivery of an attested copy thereof to the person impeached, or if that can not conveniently be done, by leaving such copy at the last known place of abode of such person, or at his usual place of business in some conspicuous place therein; or if such service shall be, in the judgment of the Senate, impracticable, notice to the person impeached to appear shall be given in such other manner, by publication or otherwise, as shall be deemed just; and if the writ aforesaid shall fail of service in the manner aforesaid, the proceedings shall not thereby abate, but further service may be made in such manner as the Senate shall direct. If the person impeached, after service, shall fail to appear, either in person or by attorney, on the day so fixed therefor as aforesaid, or, appearing, shall fail to file his answer to such articles of impeachment, the trial shall proceed, nevertheless, as upon a plea of not guilty. If a plea of guilty shall be entered, judgment may be entered thereon without further proceedings.
IX. At 12:30 o'clock afternoon of the day appointed for the return of the summons against the person impeached, the legislative and executive business of the Senate shall be suspended, and the Secretary of the Senate shall admin- ister an oath to the returning officer in the form following, viz: ``I, ------ ------, do solemnly swear that the return made by me upon the process issued on the ---- day of ------, by the Senate of the United States, against ------ ------, is truly made, and that I have performed such serv- ice as therein described: So help me God.'' Which oath shall be entered at large on the records.
X. The person impeached shall then be called to appear and answer the articles of impeachment against him. If he appears, or any person for him, the appearance shall be recorded, stating particularly if by himself, or by agent or attorney, naming the person appearing and the capacity in which he appears. If he does not appear, either person- ally or by agent or attorney, the same shall be recorded.
XI. That in the trial of any impeachment the Presiding Officer of the Senate, if the Senate so orders, shall appoint a committee of Senators to receive evidence and take testi- mony at such times and places as the committee may deter- mine, and for such purpose the committee so appointed and the chairman thereof, to be elected by the committee, shall (unless otherwise ordered by the Senate) exercise all the powers and functions conferred upon the Senate and the Presiding Officer of the Senate, respectively, under the rules of procedure and practice in the Senate when sitting on impeachment trials.
Unless otherwise ordered by the Senate, the rules of pro- cedure and practice in the Senate when sitting on impeach- ment trials shall govern the procedure and practice of the committee so appointed. The committee so appointed shall report to the Senate in writing a certified copy of the tran- script of the proceedings and testimony had and given be- fore such committee, and such report shall be received by the Senate and the evidence so received and the testimony so taken shall be considered to all intents and purposes, subject to the right of the Senate to determine competency, relevancy, and materiality, as having been received and taken before the Senate, but nothing herein shall prevent the Senate from sending for any witness and hearing his testimony in open Senate, or by order of the Senate having the entire trial in open Senate.
XII. At 12:30 o'clock afternoon, or at such other hour as the Senate may order, of the day appointed for the trial of an impeachment, the legislative and executive business of the Senate shall be suspended, and the Secretary shall give notice to the House of Representatives that the Senate is ready to proceed upon the impeachment of ------ ------, in the Senate Chamber.
XIII. The hour of the day at which the Senate shall sit upon the trial of an impeachment shall be (unless other- wise ordered) 12 o'clock m.; and when the hour shall arrive, the Presiding Officer upon such trial shall cause proclama- tion to be made, and the business of the trial shall proceed.
The adjournment of the Senate sitting in said trial shall not operate as an adjournment of the Senate; but on such adjournment the Senate shall resume the consideration of its legislative and executive business.
XIV. The Secretary of the Senate shall record the pro- ceedings in cases of impeachment as in the case of legisla- tive proceedings, and the same shall be reported in the same manner as the legislative proceedings of the Senate.
XV. Counsel for the parties shall be admitted to appear and be heard upon an impeachment.
XVI. All motions, objections, requests, or applications whether relating to the procedure of the Senate or relating immediately to the trial (including questions with respect to admission of evidence or other questions arising during the trial) made by the parties or their counsel shall be addressed to the Presiding Officer only, and if he, or any Senator, shall require it, they shall be committed to writ- ing, and read at the Secretary's table.
XVII. Witnesses shall be examined by one person on be- half of the party producing them, and then cross-examined by one person on the other side.
XVIII. If a Senator is called as a witness, he shall be sworn, and give his testimony standing in his place.
XIX. If a Senator wishes a question to be put to a wit- ness, or to a manager, or to counsel of the person im- peached, or to offer a motion or order (except a motion to adjourn), it shall be reduced to writing, and put by the Presiding Officer. The parties or their counsel may inter- pose objections to witnesses answering questions pro- pounded at the request of any Senator and the merits of any such objection may be argued by the parties or their counsel. Ruling on any such objection shall be made as provided in Rule VII. It shall not be in order for any Sen- ator to engage in colloquy.
XX. At all times while the Senate is sitting upon the trial of an impeachment the doors of the Senate shall be kept open, unless the Senate shall direct the doors to be closed while deliberating upon its decisions. A motion to close the doors may be acted upon without objection, or, if objection is heard, the motion shall be voted on without debate by the yeas and nays, which shall be entered on the record.
XXI. All preliminary or interlocutory questions, and all motions, shall be argued for not exceeding one hour (unless the Senate otherwise orders) on each side.
XXII. The case, on each side, shall be opened by one person. The final argument on the merits may be made by two persons on each side (unless otherwise ordered by the Senate upon application for that purpose), and the ar- gument shall be opened and closed on the part of the House of Representatives.
XXIII. An article of impeachment shall not be divisible for the purpose of voting thereon at any time during the trial. Once voting has commenced on an article of impeach- ment, voting shall be continued until voting has been com- pleted on all articles of impeachment unless the Senate adjourns for a period not to exceed one day or adjourns sine die. On the final question whether the impeachment is sustained, the yeas and nays shall be taken on each article of impeachment separately; and if the impeachment shall not, upon any of the articles presented, be sustained by the votes of two-thirds of the Members present, a judg- ment of acquittal shall be entered; but if the person im- peached shall be convicted upon any such article by the votes of two-thirds of the Members present, the Senate shall proceed to the consideration of such other matters as may be determined to be appropriate prior to pro- nouncing judgment. Upon pronouncing judgment, a cer- tified copy of such judgment shall be deposited in the office of the Secretary of State. A motion to reconsider the vote by which any article of impeachment is sustained or re- jected shall not be in order.
Form of putting the question on each article of impeachment.
The Presiding Officer shall first state the question; there- after each Senator, as his name is called, shall rise in his place and answer: guilty or not guilty.
XXIV. All the orders and decisions may be acted upon without objection, or, if objection is heard, the orders and decisions shall be voted on without debate by yeas and nays, which shall be entered on the record, subject, how- ever, to the operation of Rule VII, except when the doors shall be closed for deliberation, and in that case no member shall speak more than once on one question, and for not more than ten minutes on an interlocutory question, and for not more than fifteen minutes on the final question, unless by consent of the Senate, to be had without debate; but a motion to adjourn may be decided without the yeas and nays, unless they be demanded by one-fifth of the members present. The fifteen minutes herein allowed shall be for the whole deliberation on the final question, and not on the final question on each article of impeachment.
XXV. Witnesses shall be sworn in the following form, 194 viz: ``You, ------ ------, do swear (or affirm, as the case may be) that the evidence you shall give in the case now pending between the United States and ------ ------, shall be the truth, the whole truth, and nothing but the truth: So help you God.'' Which oath shall be administered by the Secretary, or any other duly authorized person.
Form of a subpoena be issued on the application of the managers of the impeachment, or of the party im- peached, or of his counsel.
To ------ ------, greeting: You and each of you are hereby commanded to appear before the Senate of the United States, on the ---- day of ------, at the Senate Chamber in the city of Washington, then and there to testify your knowledge in the cause which is before the Senate in which the House of Rep- resentatives have impeached ------ ------. Fail not. Witness ------ ------, and Presiding Officer of the Sen- ate, at the city of Washington, this ---- day of ------, in the year of our Lord --------, and of the Independence of the United States the ------. ------ ------, Presiding Officer of the Senate.
Form of direction for the service of said subpoena
The Senate of the United States to ------ ------, greet- ing: You are hereby commanded to serve and return the with- in subpoena according to law. Dated at Washington, this ---- day of ------, in the year of our Lord ----, and of the Independence of the United States the ------. ------ ------, Secretary of the Senate.
Form of oath to be administered to the Members of the Senate and the Presiding Officer sitting in the trial of impeachments
``I solemnly swear (or affirm, as the case may be) that in all things appertaining to the trial of the impeachment of ------ ------, now pending, I will do impartial justice according to the Constitution and laws: So help me God.''
Form of summons to be issued and served upon the person impeached
THE UNITED STATES OF AMERICA, ss: The Senate of the United States to ------ ------, greet- ing:
Whereas the House of Representatives of the United States of America did, on the ---- day of ------, exhibit to the Senate articles of impeachment against you, the said ------ ------, in the words following: [Here insert the articles]
And demand that you, the said ------ ------, should be put to answer the accusations as set forth in said articles, and that such proceedings, examinations, trials, and judg- ments might be thereupon had as are agreeable to law and justice. You, the said ------ ------, are therefore hereby sum- moned to be and appear before the Senate of the United States of America, at their Chamber in the city of Wash- ington, on the ---- day of ------, at ---- o'clock ----, then and there to answer to the said articles of impeachment, and then and there to abide by, obey, and perform such orders, directions, and judgments as the Senate of the United States shall make in the premises according to the Constitution and laws of the United States. Hereof you are not to fail.
Witness ------ ------, and Presiding Officer of the said Senate, at the city of Washington, this ---- day of ------, in the year of our Lord ------, and of the Independence of the United States the ------. ------ ------, Presiding Officer of the Senate.
Form of precept to be indorsed on said writ of summons
THE UNITED STATES OF AMERICA, ss: The Senate of the United States to ------ ------, greet- ing: You are hereby commanded to deliver to and leave with ------ ------, if conveniently to be found, or if not, to leave at his usual place of abode, or at his usual place of business in some conspicuous place, a true and attested copy of the within writ of summons, together with a like copy of this precept; and in whichsoever way you perform the service, let it be done at least ------ days before the appearance day mentioned in the said writ of summons. Fail not, and make return of this writ of summons and precept, with your proceedings thereon indorsed, on or be- fore the appearance day mentioned in the said writ of sum- mons. Witness ------ ------, and Presiding Officer of the Sen- ate, at the city of Washington, this ---- day of ------, in the year of our Lord ------, and of the Independence of the United States the ------. ------ ------, Presiding Officer of the Senate.
All process shall be served by the Sergeant at Arms of the Senate, unless otherwise ordered by the Senate.
XXVI. If the Senate shall at any time fail to sit for the consideration of articles of impeachment on the day or hour fixed therefor, the Senate may, by an order to be adopted without debate, fix a day and hour for resuming such con- sideration.
The source document is all of the senate procedure, and runs about 1500 pages. It's a good reference, to be sure, but I thought having just the impeachment Trial part would be handy these days.
I know that the /pre/ formatting is awkward on many browsers. I'm lazy. If somebody wants to convert to more portable, html, have at it.
Can Mitch just send it back to Nancy with a note to the effect, “Next time admit the dog ate your homework.”?
Right now he has nothing to send back. Once he gets the charges, the rules spell out the sequence. Trump is summonsed and ordered to answer, in writing. And so on.
There is lots of flexibility how the senate handles this and the grounds for decision. One of the grounds could be that the articles do not state an impeachable offense. I think Clinton made that argument, but the senate didn't vote on that.
Clinton actually did commit a crime. (I am firmly of the opinion that he did it to keep discussion of his sale of missile technology to China and nuclear technology to North Korea out of the news cycle; he was successful at keeping most of the American public in the dark.)
But the articles of shampeachment fail to identify a single crime. They are clear grandstanding by a Congress that is attempting to overthrow the government every member has sworn to uphold.
The silver lining here is that while the Congress was busy coaching non-witnesses and throwing hissy fits over the fact that they do not understand a President who does not share their hunger for power and ill-gotten wealth, the Senate has been busy confirming judge after judge without a single demagogic peep from the left.
Closed door meeting locking out the Dems. Allow Trump to challenge legality of Nadler’s unsworn witness testimony and all testimony of second hand information. Rule to exclude these Items from the impeachment process and move to dismiss. Done by lunch. Ready to vote on more Trump judicial picks.
Congress approved of those transaction, under the principle that "silence is approval." The puppets in Congress do the bidding of the money and war men, and the powers that be aim to level the standard of living globally, as well as reduce the world population by 80-90%. Those are a tough sell if done in the open.
And of course Graham’s infamous DOA is DOA. The GOPe is just trying to figure out a way to hand Pence the crown.
Yes, it is quite obvious that rich elitists hate the concept of non-rich people living comfortable lifestyles. If we're happy living in our deplorable little houses in our deplorable little neighborhoods, then the contrast between their wealth and our non-wealth just isn't as stark.
When the God fearing founders of this nation came up with the Republican vs democratic form of governmental representation. They considered that groups we call political partys once elected to a given political office. Could place their groups control and interest above the common good and benefit of the nation once elected to a legislative, executive or judicial office. Rather than work together for the common interest.
They truly believed that upon election. requiring taking the oath of office which swears loyalty to abide and support the constitution would take precedence and avert any fractious direction super ceding any political position taken by the group that the office holder associated with before entering .It took the democrat convention of 2012 when they attempted to remove any reference to God, “Our Creator,” to clearly demonstrate that belief no longer applied and when one took that oath it meant nothing.
Agreed. The affluence of the middle class must end, according to elites.
I've been reading at FR for well over 20 years, and have been posting for over 15 and never have I read a more vacuous post.
Your post is blinding without merit and you should donate at least $500 more than you now do, just to be allowed to read posts, let alone to write them.
Pence may not be as firey or vocal, don’t underestimate how conservative he is. HE STICKS TO HIS CHRISTIAN PRINCIPLES.
For instance, the Hoise made up, out of whole cloth, the concept of "Obstruction of the House" when subpoenas were ignored. Under the separation of powers, the House should have sought relief from the Judiciary, but instead are making up the charge of Obstruction of the House. If the court had ordered the President to respond to the subpoena, and he did not do so, then perhaps the claim might stick.
So how does one plead "not guilty" to a scheme crafted by the Democrats where the legal construct is so flawed that it is nonsensical?
But, what if the Senate wants to see the Articles of Impeachment before writing the procedures and rules that Nancy so desperately wants to see? Sounds like a classic stand-off.
Nancy is therefore guilty of "Obstruction of Senate" which is a crime I just made up out of whole cloth just like the 2nd Article of Impeachment.
I tried to read and understand. I did not see any of the words allowing the dismissal of the House articles in what would be a summary judgement.
Is there a section of the 1500 pages speaking to outright dismissal?
I now understand why there is so much out there about how the Senate will handle the matter. The rules are voluminous
It's not a question of answering as though a crime is alleged. An impeachable action is alleged. Just answer why it is not impeachable. House didn;t seek court assistance to compel, so conclusion POTUS would not comply is premature. Assert privilege, etc.
The decider in this case is the senate. Just argue to the Senate why it is not impeachable, then they decide.
To provide for issuance of a summons and for related procedures concerning the articles of impeachment against William Jefferson Clinton, President of the United States. Resolved, That the summons be issued in the usual form provided that the President may have until 12:00 noon on Monday, January 11, 1999, to file his answer with the Secretary of the Senate, and the House of Representatives have until 12:00 noon on Wednesday, January 13, 1999, to file its replication with the Secretary of the Senate, together with the record 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 Resolutions 525 and 581. Such record will be admitted into evidence, printed, and made available to Senators. If the House of Representatives wishes to file a trial brief it shall be filed by 5:00 p.m. on Monday, January 11, 1999.The general question of how motions will be handled is in the general rules.The President and the House of Representatives shall have until 5:00 p.m. on Monday, January 11, 1999, to file any motions permitted under the rules of impeachment except for motions to subpoena witnesses or to present any evidence not in the record. Responses to any such motions shall be filed no later than 10:00 a.m. on Wednesday, January 13, 1999. The President may file a trial brief at or before that time. The House of Representatives may file a rebuttal brief no later than 10:00 a.m. on Thursday, January 14, 1999.
Arguments on such motions shall begin at 1:00 p.m. on Wednesday, January 13, 1999, and each side may determine the number of persons to make its presentation, following which the Senate shall deliberate and vote on any such motions. Following the disposition of these motions, or if no motions occur then at 1:00 p.m. on Thursday, January 14, 1999, the House of Representatives shall make it's presentation in support of the articles of impeachment for a period of time not to exceed 24 hours. Each side may determine the number of persons to make it's presentation. The presentation shall be limited to argument from the record. Following the House of Representatives presentation, the President shall make his presentation for a period not to exceed 24 hours as outlined in the paragraph above with reference to the House of Representatives presentation.
Upon the conclusion of the President's presentation, Senators may question the parties for a period of time not to exceed 16 hours.
After the conclusion of questioning by the Senate, it shall be in order to consider and debate a motion to dismiss as outlined by the impeachment rules. Following debate it shall be in order to make a motion to subpoena witnesses and/or to present any evidence not in the record, with debate time on that motion limited to 6 hours, to be equally divided between the two parties. Following debate and any deliberation as provided in the impeachment rules, the Senate will proceed to vote on the motion to dismiss, and if defeated, an immediate vote on the motion to subpoena witnesses and/or to present any evidence not in the record, all without intervening action, motion, amendment or debate.
If the Senate agrees to allow either the House of Representatives or the President to call witnesses, the witnesses shall first be deposed and the Senate shall decide after deposition which witnesses shall testify, pursuant to the impeachment rules. Further, the time for depositions shall be agreed to by both leaders. No testimony shall be admissible in the Senate unless the parties have had an opportunity to depose such witnesses.
If the Senate fails to dismiss the case, the parties will proceed to present evidence. At the conclusion of the deliberations by the Senate, the Senate shall proceed to vote on each article of impeachment.
There is nothing more in that 1500 pages that has to do with impeachment.
The House rules have ZERO on impeachment. Also thousand pages or so, but all on legislation, nothing at all on impeachment.
You missed the point. He can’t “send anything back” until he first GETS it from the House.
——concerning the articles of impeachment against William Jefferson Clinton, President of the United States.-—
It would appear on the surface that the rule cited pertains specifically to the Clinton impeachment on the dates specified. Therefore it seems to follow that the rule is invalid when considering a Trump impeachment. It would seem a new rule naming President Trump with specific dates must replace the Clinton specific rule
But, it doesn’t matter. Senator McConnell will tell us what is to happen in about 20 minutes
Agree that specific rules will be created for the Trump impeachment, but they won't be revealed until after the articles appear in the Senate.
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