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Clinton impeachment trial transcripts February 12, 1999
The following transcript was provided to Court TV by Federal Document Clearing House: SENATE IMPEACHMENT TRIAL OF PRESIDENT CLINTON FEBRUARY 12, 1999 SPEAKERS: WILLIAM H. REHNQUIST, CHIEF JUSTICE, U.S. SUPREME COURT U.S. SENATOR TRENT LOTT, MAJORITY LEADER LLOYD OGILVIE, SENATE CHAPLAIN APPEARING ON BEHALF OF THE HOUSE OF REPRESENTATIVES: U.S. REPRESENTATIVE HENRY J. HYDE (R-IL) U.S. REPRESENTATIVE F. JAMES SENSENBRENNER (R-WI) U.S. REPRESENTATIVE BILL MCCOLLUM (R-FL) U.S. REPRESENTATIVE GEORGE W. GEKAS (R-PA) U.S. REPRESENTATIVE CHARLES T. CANADY (R-FL) U.S. REPRESENTATIVE STEPHEN E. BUYER (R-IN) U.S. REPRESENTATIVE ED BRYANT (R-TN) U.S. REPRESENTATIVE STEVE CHABOT (R-OH) U.S. REPRESENTATIVE BOB BARR (R-GA) U.S. REPRESENTATIVE ASA HUTCHINSON (R-AR) U.S. REPRESENTATIVE CHRIS CANNON (R-UT) U.S. REPRESENTATIVE JAMES E. ROGAN (R-CA) U.S. REPRESENTATIVE LINDSEY O. GRAHAM (R-SC)
APPEARING ON BEHALF OF THE PRESIDENT: CHARLES F.C. RUFF, WHITE HOUSE COUNSEL GREGORY B. CRAIG, WHITE HOUSE COUNSEL BRUCE R. LINDSEY, WHITE HOUSE COUNSEL CHERYL D. MILLS, WHITE HOUSE COUNSEL LANNY A. BREUER, WHITE HOUSE COUNSEL DAVID E. KENDALL, ATTORNEY FOR PRESIDENT CLINTON NICOLE K. SELIGMAN, ATTORNEY FOR PRESIDENT CLINTON EMMET T. FLOOD, ATTORNEY FOR PRESIDENT CLINTON MAX STIER, ATTORNEY FOR PRESIDENT CLINTON GLEN DONATH, ATTORNEY FOR PRESIDENT CLINTON ALICIA MARTI, ATTORNEY FOR PRESIDENT CLINTON
REHNQUIST: The Senate will convene as a court of impeachment. The chaplain will offer a prayer. OGILVIE: Gracious God, whose love for this nation has been displayed so magnificently through our history, we praise you that your presence fills this historic chamber and enters into the minds of the senators gathered here. Each of them is here by your divine appointment. Together they claim your promise: Call upon me in the day of trouble. I will deliver you. We call upon you on this day of trouble in America as this impeachment trial comes to a close. You have enabled an honest, open debate of alternative solutions. Soon a vote will be taken. You have established a spirit of unity in the midst of differences. Most important of all, we know that we can trust You with the results. You can use what is decided and continue to accomplish your plans for America. We entrust to Your care the president and his family. Use whatever is decided today to enable a deeper experience of Your grace in his life and healing in his family. We commit this day to You and thank You for the hope that fills our hearts as we place our complete trust in You. You are our lord and savior. Amen. REHNQUIST: Amen. The sergeant-at-arms will make the proclamation. ZIGLAR: 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 majority leader is recognized. LOTT: Thank you, Mr. Chief Justice. For the information of all senators, later on today the secretary of the Senate will be putting at each senator's desk something I think that you'll enjoy reading later, and it's the prayers of the chaplain during the impeachment trial. Subsequently, we plan to put it in a small pamphlet because they have truly been magnificent and we thought you'd each like to have copies. The Senate will resume the final deliberations now in the closed session, thank goodness. At this point in the proceedings, there are approximately eight members that will -- still wish to speak or submit part of their speech into the record. And following those final speeches, the Senate will resume open session and proceed to the votes on two articles of impeachment. I would estimate that those votes would begin approximately 11 to 11:30. However, the exact time will depend on the length of the remaining speeches and also we will have to have a few minutes to open the chamber and the gallery so that our constituents and our families can enter the gallery if they'd like to. LOTT: Following those votes, all senators should remain at their desk as the Senate proceeds through several housekeeping items relating to the adjournment of the court of impeachment. So again, I emphasize, please, after the vote don't rush out of the chamber because we have some very important proceedings to attend to. And I think that you'll enjoy them, if you will stay and participate. Under the consent agreement reached last night, following those votes a motion relating to censure may be offered by the senator from California, Senator Feinstein. If offered, Senator Gramm will be recognized to offer a motion relative to the Feinstein motion with a vote to occur on the Gramm motion. Therefore, senators may anticipate an additional vote or votes following the votes on the articles. I thank the senators. And I believe we're ready to proceed to the closed session. I'd be glad to yield. UNKNOWN FEMALE MEMBER: I just wondered, will there be debate intervening, or no debate on any of those votes? LOTT: After -- in the UC that was reached last night, I believe we have two hours that will be equally divided for senators to submit statements at that point or to make speeches if they would like. So, I presume that would -- after the votes, yes. LOTT: And so that would go on, I presume, for at least a couple of hours until two or three o'clock in the afternoon. Yes, that was included. Before proceeding into closed session, I would like to clarify one other matter. Senators will recall the motion approved February 9, 1999, which permitted each senator to place in the Congressional Record his or her own statements made during final deliberations in closed session. I ask consent that public statements made by senators subsequent to approval of that motion with respect to his or her statements made during the closed session be deemed to be in compliance with the Senate rules. This would permit a senator to release to the public his or her statement made during final deliberations in closed session, except that in doing so, a senator may not disclose any remarks of the other senators made during deliberations, without the prior consent, of course, of that senator. I would further ask consent that senators have until Tuesday, February 23rd, 1999. That would be I believe the Monday that we come back. Is it Tuesday? Tuesday after we come back, to insert statements and opinions in the Congressional Record, if they choose, explaining their votes. Finally, I would ask consent that the Senate secretary be authorized to include these statements along with the full record of the Senate's proceedings, the filings by the parties and the supplemental material admitted into evidence by the Senate in a Senate document printed under the supervision of the secretary of the Senate that will be complete -- that will complete the documentation of the Senate's handling of these impeachment proceedings. UNKNOWN MALE MEMBER: Mr. Leader, point of clarification. I've had a couple of members ask, does it take an affirmative act of a Senator to get their speech placed in the record, or does it happen automatically? LOTT: I believe it does take an affirmative act; it's not automatic. UNKNOWN MALE MEMBER: And who should that information be given -- to whom should that be given? LOTT: It should be given to the clerks, the desk, or to Marty (ph) on your side, or your secretary of the minority and secretary of the majority. They'll get into the record at the right place. So I believe, once again, we're ready to go with our closed session. HUTCHISON: Mr. Leader -- Mr. Leader -- further question, Mr. Leader. It does not require each person to ask for unanimous consent to insert their remarks in the record. Just giving it to.... LOTT: No, no, no, you can do it automatically. That's already been cleared. I believe we have unanimous consent request compounded. REHNQUIST: Without objection, it's so ordered. The Senate will now go into closed session to complete its deliberations on the articles of impeachment. The sergeant-at-arms is directed to clear the galleries and close the doors of the Senate chamber. LOTT: Mr. Chief Justice, I suggest the absence of a quorum. REHNQUIST: The clerk will call the roll. (CLOSED SESSION) LOTT: Mr. Chief Justice, and members of the Senate... REHNQUIST: The majority leader... LOTT: ... the Senate has met almost exclusively as a court of impeachment since January 7, 1999, to consider the articles of impeachment against the president of the United States. The Senate meets today to conclude this trial by voting on the articles of impeachment, thereby fulfilling its obligation under the Constitution. I believe we are ready to proceed to the vote on the articles, and I yield the floor. REHNQUIST: The chair would inform those in attendance in the Senate galleries that under Rule 19 of the Standing Rules of the Senate, demonstrations of approval or disapproval are prohibited, and it is the duty of the chair to enforce order on his own initiative. The clerk will now read the first article of impeachment. CLERK: Article I. In his conduct while president of the United States, William Jefferson Clinton, in violation of his constitutional oath faithfully to execute the Office of President of the United States and to the best of his ability, preserve, protect and defend the Constitution of the United States; and in violation of his constitutional duty to take care that the laws be faithfully executed, has willfully corrupted and manipulated the judicial process of the United States for his personal gain and exoneration, impeding the administration of justice in that: On August 17th, 1998, William Jefferson Clinton swore to tell the truth, the whole truth and nothing but the truth before a federal grand jury of the United States. Contrary to that oath, William Jefferson Clinton willfully provided perjurious, false and misleading testimony to the grand jury concerning one or more of the following: CLERK: One, the nature and details of his relationship with a subordinate government employee; Two, prior perjurious, false and misleading testimony he gave in a federal civil rights action brought against him; Three, prior false and misleading statements he allowed his attorney to make to a federal judge in that civil rights action; and Four, his corrupt efforts to influence the testimony of witnesses and to impede the discovery of evidence in that civil rights action. In doing this, William Jefferson Clinton has undermined the integrity of his office, has brought disrepute on the presidency, has betrayed his trust as president, and has acted in a manner subversive of the rule of law and justice, to the manifest injury of the people of the United States. Wherefore, William Jefferson Clinton, by such conduct, warrants impeachment and trial and removal from office and disqualification to hold and enjoy any office of honor, trust, or profit under the United States. REHNQUIST: The chair reminds the Senate that each senator when his name or her name is called, will stand at his or her place and vote guilty or not guilty, as required by rule 23 of the Senate rules on impeachment. REHNQUIST: The chair also refers to Article I, section 3, clause 6 of the constitution regarding the vote required for conviction on impeachment. "No person shall be convicted without the concurrence of two-thirds of the members present." The question is on the first article of impeachment. Senators, how say you? Is the respondent, William Jefferson Clinton guilty or not guilty? A roll call vote is required. The clerk will call the roll. CLERK: Mr. Abraham. ABRAHAM: Guilty. CLERK: Mr. Abraham, guilty. Mr. Akaka. AKAKA: Not guilty. CLERK: Mr. Akaka, not guilty. Mr. Allard. ALLARD: Guilty. CLERK: Mr. Allard, guilty. Mr. Ashcroft. ASHCROFT: Guilty. CLERK: Mr. Ashcroft, guilty. Mr. Baucus. BAUCUS: Not guilty. CLERK: Mr. Baucus, not guilty. CLERK: Mr. Bayh. BAYH: Not guilty. CLERK: Mr. Bayh, not guilty. Mr. Bennett. BENNETT: Guilty. CLERK: Mr. Bennett, guilty. Mr. Biden. BIDEN: Not guilty. CLERK: Mr. Biden, not guilty. Mr. Bingaman. BINGAMAN: Not guilty. CLERK: Mr. Bingaman, not guilty. Mr. Bond. BOND: Guilty. CLERK: Mr. Bond, guilty. Mrs. Boxer. BOXER: Not guilty. CLERK: Mrs. Boxer, not guilty. Mr. Breaux. BREAUX: Not guilty. CLERK: Mr. Breaux, not guilty. Mr. Brownback. BROWNBACK: Guilty. CLERK: Mr. Brownback, guilty. Mr. Bryan. BRYAN: Not guilty. CLERK: Mr. Bryan, not guilty. Mr. Bunning. BUNNING: Guilty. CLERK: Mr. Bunning, guilty. Mr. Burns. BURNS: Guilty. CLERK: Mr. Burns, guilty. Mr. Byrd. BYRD: Not guilty. CLERK: Mr. Byrd, not guilty. Mr. Campbell. CAMPBELL: Guilty. CLERK: Mr. Campbell, guilty. Mr. Chafee. CHAFEE: Not guilty. CLERK: Mr. Chafee, not guilty. Mr. Cleland. CLELAND: Not guilty. CLERK: Mr. Cleland, not guilty. Mr. Cochran. COCHRAN: Guilty. CLERK: Mr. Cochran, guilty. Ms. Collins. COLLINS: Not guilty. CLERK: Ms. Collins, not guilty. Mr. Conrad. CONRAD: Not guilty. CLERK: Mr. Conrad, not guilty. Mr. Coverdell. COVERDELL: Guilty. CLERK: Mr. Coverdell, guilty. Mr. Craig. CRAIG: Guilty. CLERK: Mr. Craig, guilty. Mr. Crapo. CRAPO: Guilty. CLERK: Mr. Crapo, guilty. Mr. Daschle. DASCHLE: Not guilty. CLERK: Mr. Daschle, not guilty. Mr. DeWine. DEWINE: Guilty. CLERK: Mr. DeWine, guilty. Mr. Dodd. DODD: Not guilty. CLERK: Mr. Dodd, not guilty. Mr. Domenici. DOMENICI: Guilty. CLERK: Mr. Domenici, guilty. Mr. Dorgan. DORGAN: Not guilty. CLERK: Mr. Dorgan, not guilty. Mr. Durbin. DURBIN: Not guilty. CLERK: Mr. Durbin, not guilty. Mr. Edwards. EDWARDS: Not guilty. CLERK: Mr. Edwards, not guilty. Mr. Enzi. ENZI: Guilty. CLERK: Mr. Enzi, guilty. Mr. Feingold. FEINGOLD: Not guilty. CLERK: Mr. Feingold, not guilty. Mrs. Feinstein. FEINSTEIN: Not guilty. CLERK: Mrs. Feinstein, not guilty. Mr. Fitzgerald. FITZGERALD: Guilty. CLERK: Mr. Fitzgerald, guilty. Mr. Frist. FRIST: Guilty. CLERK: Mr. Frist, guilty. Mr. Gorton. GORTON: Not guilty. CLERK: Mr. Gorton, not guilty. Mr. Graham of Florida. GRAHAM: Not guilty. CLERK: Mr. Graham of Florida, not guilty. Mr. Gramm of Texas. GRAMM: Guilty. CLERK: Mr. Gramm of Texas, guilty. Mr. Grams of Minnesota. GRAMS: Guilty. CLERK: Mr. Grams of Minnesota, guilty. CLERK: Mr. Grassley. GRASSLEY: Guilty. CLERK: Mr. Grassley, guilty. Mr. Gregg. GREGG: Guilty. CLERK: Mr. Gregg, guilty. Mr. Hagel. HAGEL: Guilty. CLERK: Mr. Hagel, guilty. Mr. Harkin. HARKIN: Not guilty. CLERK: Mr. Harkin, not guilty. Mr. Hatch. HATCH: Guilty. CLERK: Mr. Hatch, guilty. Mr. Helms. HELMS: Guilty. CLERK: Mr. Helms, guilty. Mr. Hollings. HOLLINGS: Not guilty. CLERK: Mr. Hollings, not guilty. Mr. Hutchinson of Arkansas. HUTCHINSON: Guilty. CLERK: Mr. Hutchinson of Arkansas, guilty. Mrs. Hutchison of Texas. HUTCHISON: Guilty. CLERK: Mrs. Hutchison of Texas, guilty. Mr. Inhofe. INHOFE: Guilty. CLERK: Mr. Inhofe, guilty. Mr. Inouye. INOUYE: Not guilty. CLERK: Mr. Inouye, not guilty. Mr. Jeffords. JEFFORDS: Not guilty. CLERK: Mr. Jeffords, not guilty. Mr. Johnson. JOHNSON: Not guilty. CLERK: Mr. Johnson, not guilty. Mr. Kennedy. KENNEDY: Not guilty. CLERK: Mr. Kennedy, not guilty. Mr. Kerrey of Nebraska. KERREY: Not guilty. CLERK: Mr. Kerrey of Nebraska, not guilty. Mr. Kerry of Massachusetts. KERRY: Not guilty. CLERK: Mr. Kerry of Massachusetts, not guilty. Mr. Kohl. KOHL: Not guilty. CLERK: Mr. Kohl, not guilty. Mr. Kyl. KYL: Guilty. CLERK: Mr. Kyl, guilty. Ms. Landrieu? LANDRIEU: Not guilty. CLERK: Ms. Landrieu, not guilty. Mr. Lautenberg. LAUTENBERG: Not guilty. CLERK: Mr. Lautenberg, not guilty. Mr. Leahy. LEAHY: Not guilty. CLERK: Mr. Leahy, not guilty. Mr. Levin. LEVIN: Not guilty. CLERK: Mr. Levin, not guilty. Mr. Lieberman. LIEBERMAN: Not guilty. CLERK: Mr. Lieberman, not guilty. Mrs. Lincoln. LINCOLN: Not guilty. CLERK: Mrs. Lincoln, not guilty. Mr. Lott. LOTT: Guilty. CLERK: Mr. Lott, guilty. Mr. Lugar. LUGAR: Guilty. CLERK: Mr. Lugar, guilty. Mr. Mack. MACK: Guilty. CLERK: Mr. Mack, guilty. Mr. McCain. MCCAIN: Guilty. CLERK: Mr. McCain, guilty. Mr. McConnell. MCCONNELL: Guilty. CLERK: Mr. McConnell, guilty. Ms. Mikulski. MIKULSKI: Not guilty. CLERK: Ms. Mikulski, not guilty. Mr. Moynihan. MOYNIHAN: Not guilty. CLERK: Mr. Moynihan, not guilty. Mr. Murkowski. MURKOWSKI: Guilty. CLERK: Mr. Murkowski, guilty. Mrs. Murray. MURRAY: Not guilty. CLERK: Mrs. Murray, not guilty. Mr. Nickles. NICKLES: Guilty. CLERK: Mr. Nickles, guilty. Mr. Reed of Rhode Island. REED: Not guilty. CLERK: Mr. Reed of Rhode Island, not guilty. Mr. Reid of Nevada. REID: Not guilty. CLERK: Mr. Reid of Nevada, not guilty. Mr. Robb. ROBB: Not guilty. CLERK: Mr. Robb, not guilty. Mr. Roberts. ROBERTS: Guilty. CLERK: Mr. Roberts, guilty. Mr. Rockefeller. ROCKEFELLER: Not guilty. CLERK: Mr. Rockefeller, not guilty. CLERK: Mr. Roth. ROTH: Guilty. CLERK: Mr. Roth, guilty. Mr. Santorum. SANTORUM: Guilty. CLERK: Mr. Santorum, guilty. Mr. Sarbanes. SARBANES: Not guilty. CLERK: Mr. Sarbanes, not guilty. Mr. Schumer. SCHUMER: Not guilty. CLERK: Mr. Schumer, not guilty. Mr. Sessions. SESSIONS: Guilty. CLERK: Mr. Sessions, guilty. Mr. Shelby. SHELBY: Not guilty. CLERK: Mr. Shelby, not guilty. Mr. Smith of New Hampshire. SMITH: Guilty. CLERK: Mr. Smith of New Hampshire, guilty. Mr. Smith of Oregon. SMITH: Guilty. CLERK: Mr. Smith of Oregon, guilty. Ms. Snowe. SNOWE: Not guilty. CLERK: Ms. Snowe, not guilty. Mr. Specter. SPECTER: Not proven, therefore not guilty. CLERK: Mr. Stevens. STEVENS: Not guilty. CLERK: Mr. Stevens, not guilty. Mr. Thomas. THOMAS: Guilty. CLERK: Mr. Thomas, guilty. Mr. Thompson. THOMPSON: Not guilty. CLERK: Mr. Thompson, not guilty. Mr. Thurmond. THURMOND: Guilty. CLERK: Mr. Thurmond, guilty. Mr. Torricelli. TORRICELLI: Not guilty. CLERK: Mr. Torricelli, not guilty. CLERK: Mr. Voinovich. VOINOVICH: Guilty. CLERK: Mr. Voinovich, guilty. Mr. Warner. WARNER: Not guilty. CLERK: Mr. Warner, not guilty. Mr. Wellstone. WELLSTONE: Not guilty. CLERK: Mr. Wellstone, not guilty. Mr. Wyden. WYDEN: Not guilty. CLERK: Mr. Wyden, not guilty. REHNQUIST: On this article of impeachment, 45 senators having pronounced William Jefferson Clinton, president of the United States guilty as charged, 55 senators having pronounced him not guilty. REHNQUIST: Two-thirds of the senators not having pronounced him guilty, the Senate adjudges that the respondent, William Jefferson Clinton, president of the United States, is not guilty as charged in the first article of impeachment. The clerk will read the second article of impeachment. CLERK: Article II. In his conduct, while president of the United States, William Jefferson Clinton, in violation of his constitutional oath faithfully to execute the office of the president of the United States and, to the best of his ability, preserve, protect, and defend the Constitution of the United States, and in violation of his constitutional duty to take care that the -- that the laws be faithfully executed, has prevented, obstructed and impeded the administration of justice and has to that end engaged personally and through his subordinates and agents in a course of conduct or scheme designed to delay, impede, cover up and conceal the existence of evidence and testimony related to a federal civil rights action brought against him in a duly instituted judicial proceeding. CLERK: The means used to implement this course of conduct or scheme included one or more of the following acts: One, on or about December 17, 1997, William Jefferson Clinton corruptly encouraged a witness in a federal civil rights action brought against him to execute a sworn affidavit in that proceeding that he knew to be perjurious, false and misleading. Two, on or about December 17, 1997, William Jefferson Clinton corruptly encouraged a witness in a federal civil rights action brought against him to give perjurious, false and misleading testimony if and when called to testify personally in that proceeding. Three, on or about December 28, 1997, William Jefferson Clinton corruptly engaged in, encouraged or supported a scheme to conceal evidence that had been subpoenaed in a federal civil rights action brought against him. Four, beginning on or about December 7, 1997, and continuing through and including January 14, 1998, William Jefferson Clinton intensified and succeeded in an effort to secure job assistance to a witness in a federal civil rights action brought against him in order to corruptly prevent the truthful testimony of that witness in that proceeding at a time when the truthful testimony of that witness would have been harmful to him. CLERK: Five, on January 17, 1998, at his deposition in a federal civil rights action brought against him William Jefferson Clinton corruptly allowed his attorney to make a false and misleading statements to a federal judge characterizing an affidavit. In order to prevent questioning deemed relevant by the judge. Such false and misleading statements were subsequently acknowledged by his attorney in communication to that judge. Six, on or about January 18, and January 20 through 21, 1998, William Jefferson Clinton related a false and misleading account of events relevant to a federal civil rights action brought against him to a potential witness in that proceeding. In order to corruptly influence the testimony of that witness. Seven, on or about January 21, 23, and 26, 1998, William Jefferson Clinton made false and misleading statements to potential witnesses in a federal grand jury proceeding. In order to corruptly influence the testimony of those witnesses. The false and misleading statements made by William Jefferson Clinton were repeated by witnesses to the grand jury. Causing the grand jury to receive false and misleading information. In all of this, William Jefferson Clinton has undermined the integrity of his office, has brought disrepute on the presidency, has betrayed his trust as president. And has acted in a manner subversive of the rule of law and justice to the manifest injury of the people of the United States. CLERK: Wherefore, William Jefferson Clinton, by such conduct, warrants impeachment and trial and removal from office and disqualification to hold and enjoy any office of honor, trust, or profit under the United States. REHNQUIST: The question is on the second article of impeachment. Senators how say you? Is the respondent William Jefferson Clinton guilty or not guilty. The clerk will call the roll. CLERK: Mr. Abraham. ABRAHAM: Guilty. CLERK: Mr. Abraham, guilty. Mr. Akaka. AKAKA: Not guilty. CLERK: Mr. Akaka, not guilty. Mr. Allard. ALLARD: Guilty. CLERK: Mr. Allard, guilty. Mr. Ashcroft. ASHCROFT: Guilty. CLERK: Mr. Ashcroft, guilty. Mr. Baucus. BAUCUS: Not guilty. CLERK: Mr. Baucus, not guilty. Mr. Bayh. BAYH: Not guilty. CLERK: Mr. Bayh, not guilty. Mr. Bennett. BENNETT: Guilty. CLERK: Mr. Bennett, guilty. Mr. Biden. BIDEN: Not guilty. CLERK: Mr. Biden, not guilty. MR. Bingaman. BINGAMAN: Not guilty. CLERK: Mr. Bingaman, not guilty. Mr. Bond. BOND: Guilty. CLERK: Mr. Bond, guilty. Mrs. Boxer. BOXER: Not guilty. CLERK: Mrs. Boxer, not guilty. Mr. Breaux. BREAUX: Not guilty. CLERK: Mr. Breaux, not guilty. Mr. Brownback. BROWNBACK: Guilty. CLERK: Mr. Brownback, guilty. Mr. Bryan. BRYAN: Not guilty. CLERK: Mr. Bryan, not guilty. Mr. Bunning. BUNNING: Guilty. CLERK: Mr. Bunning, guilty. Mr. Burns. BURNS: Guilty. CLERK: Mr. Burns, guilty. Mr. Byrd. BYRD: Not guilty. CLERK: Mr. Byrd, not guilty. Mr. Campbell. CAMPBELL: Guilty. CLERK: Mr. Campbell, guilty. Mr. Chafee. CHAFEE: Not guilty. CLERK: Mr. Chafee, not guilty. Mr. Cleland. CLELAND: Not guilty. CLERK: Mr. Cleland, not guilty. Mr. Cochran. COCHRAN: Guilty. CLERK: Mr. Cochran, guilty. Ms. Collins. COLLINS: Not guilty. CLERK: Ms. Collins, not guilty. Mr. Conrad. CONRAD: Not guilty. CLERK: Mr. Conrad, not guilty. Mr. Coverdell. COVERDELL: Guilty. CLERK: Mr. Coverdell, guilty. Mr. Craig. CRAIG: Guilty. CLERK: Mr. Craig, guilty. Mr. Crapo. CRAPO: Guilty. CLERK: Mr. Crapo, guilty. Mr. Daschle. DASCHLE: Not guilty. CLERK: Mr. Daschle, not guilty. Mr. DeWine. DEWINE: Guilty. CLERK: Mr. DeWine, guilty. Mr. Dodd. DODD: Not guilty. CLERK: Mr. Dodd, not guilty. Mr. Domenici. DOMENICI: Guilty. CLERK: Mr. Domenici, guilty. Mr. Dorgan. DORGAN: Not guilty. CLERK: Mr. Dorgan, not guilty. Mr. Durbin. DURBIN: Not guilty. CLERK: Mr. Durbin, not guilty. Mr. Edwards. EDWARDS: Not guilty. CLERK: Mr. Edwards, not guilty. Mr. Enzi. ENZI: Guilty. CLERK: Mr. Enzi, guilty. Mr. Feingold. FEINGOLD: Not guilty. CLERK: Mr. Feingold, not guilty. Mrs. Feinstein. FEINSTEIN: Not guilty. CLERK: Mrs. Feinstein, not guilty. Mr. Fitzgerald. FITZGERALD: Guilty. CLERK: Mr. Fitzgerald, guilty. Mr. Frist. FRIST: Guilty. CLERK: Mr. Frist, guilty. Mr. Gorton. GORTON: Guilty. CLERK: Mr. Gorton, guilty. Mr. Graham of Florida. GRAHAM: Not guilty. CLERK: Mr. Graham of Florida, not guilty. Mr. Gramm of Texas. GRAMM: Guilty. CLERK: Mr. Gramm of Texas, guilty. Mr. Grams of Minnesota. GRAMS: Guilty. CLERK: Mr. Grams of Minnesota, guilty. Mr. Grassley GRASSLEY: Guilty. CLERK: Mr. Grassley, guilty. Mr. Gregg. GREGG: Guilty. CLERK: Mr. Gregg, guilty. Mr. Hagel. HAGEL: Guilty. CLERK: Mr. Hagel, guilty. Mr. Harkin. HARKIN: Not guilty. CLERK: Mr. Harkin, not guilty. Mr. Hatch. HATCH: Guilty. CLERK: Mr. Hatch, guilty. Mr. Helms. HELMS: Guilty. CLERK: Mr. Helms, guilty. Mr. Hollings. HOLLINGS: Not guilty. CLERK: Mr. Hollings, not guilty. Mr. Hutchinson of Arkansas. HUTCHINSON: Guilty. CLERK: Mr. Hutchinson of Arkansas, guilty. Mrs. Hutchison of Texas. HUTCHISON: Guilty. CLERK: Mrs. Hutchison of Texas, guilty. Mr. Inhofe. INHOFE: Guilty. CLERK: Mr. Inhofe, guilty. Mr. Inouye. INOUYE: Not guilty. CLERK: Mr. Inouye, not guilty. Mr. Jeffords. JEFFORDS: Not guilty. CLERK: Mr. Jeffords, not guilty. Mr. Johnson. JOHNSON: Not guilty. CLERK: Mr. Johnson, not guilty. Mr. Kennedy. KENNEDY: Not guilty. CLERK: Mr. Kennedy, not guilty. Mr. Kerrey of Nebraska. KERREY: Not guilty. CLERK: Mr. Kerrey of Nebraska, not guilty. Mr. Kerry of Massachusetts. KERRY: Not guilty. CLERK: Mr. Kerry of Massachusetts, not guilty. Mr. Kohl. KOHL: Not guilty. CLERK: Mr. Kohl, not guilty. Mr. Kyl. KYLE: Guilty. CLERK: Mr. Kyl, guilty. Ms. Landrieu. LANDRIEU: Not guilty. CLERK: Ms. Landrieu, not guilty. Mr. Lautenberg. LAUTENBERG: Not guilty. CLERK: Mr. Lautenberg, not guilty. Mr. Leahy. LEAHY: Not guilty. CLERK: Mr. Leahy, not guilty. Mr. Levin. LEVIN: Not guilty. CLERK: Mr. Levin, not guilty. Mr. Lieberman. LIEBERMAN: Not guilty. CLERK: Mr. Lieberman, not guilty. Mrs. Lincoln. LINCOLN: Not guilty. CLERK: Mrs. Lincoln, not guilty. Mr. Lott. LOTT: Guilty. CLERK: Mr. Lott, guilty. Mr. Lugar. LUGAR: Guilty. CLERK: Mr. Lugar, guilty. Mr. Mack. MACK: Guilty. CLERK: Mr. Mack, guilty. Mr. McCain. MCCAIN: Guilty. CLERK: Mr. McCain, guilty. Mr. McConnell. MCCONNELL: Guilty. CLERK: Mr. McConnell, guilty. Ms. Mikulski. MIKULSKI: Not guilty. CLERK: Ms. Mikulski, not guilty. Mr. Moynihan. MOYNIHAN: Not guilty. CLERK: Mr. Moynihan, not guilty. Mr. Murkowski. MURKOWSKI: Guilty. CLERK: Mr. Murkowski, guilty. Mrs. Murray. MURRAY: Not guilty. CLERK: Mrs. Murray, not guilty. Mr. Nickles. NICKLES: Guilty. CLERK: Mr. Nickles, guilty. Mr. Reed of Rhode Island. REED: Not guilty. CLERK: Mr. Reed of Rhode Island, not guilty. Mr. Reid of Nevada. REID: Not guilty. CLERK: Mr. Reid of Nevada, not guilty. Mr. Robb. ROBB: Not guilty. CLERK: Mr. Robb, not guilty. Mr. Roberts. ROBERTS: Guilty. CLERK: Mr. Roberts, guilty. Mr. Rockefeller. ROCKEFELLER: Not guilty. CLERK: Mr. Rockefeller, not guilty. Mr. Roth. ROTH: Guilty. CLERK: Mr. Roth, guilty. Mr. Santorum. SANTORUM: Guilty. CLERK: Mr. Santorum, guilty. Mr. Sarbanes. SARBANES: Not guilty. CLERK: Mr. Sarbanes, not guilty. CLERK: Mr. Schumer. SCHUMER: Not guilty. CLERK: Mr. Schumer, not guilty. Mr. Sessions. SESSIONS: Guilty. CLERK: Mr. Sessions, guilty. Mr. Shelby. SHELBY: Guilty. CLERK: Mr. Session -- Mr. Shelby, guilty. Mr. Smith of New Hampshire. SMITH: Guilty. CLERK: Mr. Smith of New Hampshire, guilty. Mr. Smith of Oregon. SMITH: Guilty. CLERK: Mr. Smith of Oregon, guilty. Ms. Snowe. SNOWE: Not guilty. CLERK: Ms. Snowe, not guilty. Mr. Specter. SPECTER: Not proven, therefore not guilty. CLERK: Mr. Specter, not guilty. Mr. Stevens. STEVENS: Guilty. CLERK: Mr. Stevens, guilty. Mr. Thomas. THOMAS: Guilty. CLERK: Mr. Thomas, guilty. Mr. Thompson. THOMPSON: Guilty. CLERK: Mr. Thompson, guilty. Mr. Thurmond. THURMOND: Guilty. CLERK: Mr. Thurmond, guilty. Mr. Torricelli. TORRICELLI: Not guilty. CLERK: Mr. Torricelli, not guilty. Mr. Voinovich. VOINOVICH: Guilty. CLERK: Mr. Voinovich, guilty. Mr. Warner. WARNER: Guilty. CLERK: Mr. Warner, guilty. Mr. Wellstone. WELLSTONE: Not guilty. CLERK: Mr. Wellstone, not guilty. Mr. Wyden. WYDEN: Not guilty. CLERK: Mr. Wyden, not guilty. REHNQUIST: The galleries will be in order. On this article of impeachment, 50 senators have pronounced William Jefferson Clinton, president of the United States, guilty as charged, 50 senators have pronounced him not guilty. REHNQUIST: Two-thirds of the senators present, not having pronounced him guilty, the Senate adjudges that the respondent, William Jefferson Clinton, president of the United States, is not guilty as charged in the second article of impeachment. The chair directs judgment to be entered in accordance with the judgment of the Senate as follows: The Senate having tried William Jefferson Clinton, president of the United States, upon two articles of impeachment exhibited against him by the House of Representatives. And two-thirds of the senators present not having found him guilty of the charges contained therein, it is therefore ordered and adjudged that the said William Jefferson Clinton be and he hereby is acquitted of the charges in the said articles. The chair recognizes the majority leader. LOTT: Mr. Chief Justice, there is an order at the desk. REHNQUIST: The clerk will read the order. CLERK: Ordered, that the secretary be directed to communicate to the secretary of state as provided by rule 23 of the rules of procedure and practice in the Senate when sitting on impeachment trials, and also to the House of Representatives the judgment of the Senate in the case of William Jefferson Clinton and transmit a certified copy of the judgment to each. REHNQUIST: Without objection, the order will be entered. The chair wishes to make a brief statement without objection, I trust. (LAUGHTER) More than a month ago, I first came here to preside over the Senate, sitting as a court of impeachment. REHNQUIST: I was a stranger to the great majority of you. I underwent the sort of culture shock that naturally occurs when one moves from the very structured of the Supreme Court to what I shall call, for want of a better phrase, the more free-form environment of the Senate. (LAUGHTER) I leave you now a wiser, but not a sadder, man. I've been impressed by the manner in which the majority leader and minority leader have agreed on procedural rules, in spite of the differences that separate their two parties on matters of substance. I have been impressed by the quality of the debate in closed session on the entire question of impeachment, as provided for in the Constitution. Agreed-upon procedures for airing substantive divisions must be the hallmark of any great deliberative body. Our work as a court of impeachment is now done. I leave you with the hope that our several paths may cross again, under happier circumstances. The majority leader. LOTT: Mr. Chief Justice, we thank you for your comments, and I send the resolution to the desk. REHNQUIST: The clerk will read the resolution. CLERK: Senate Resolution 37: to express gratitude for the service of the chief justice of the United States as presiding officer during the impeachment trial. LOTT: Mr. Chief Justice, I ask that it be considered as having been read in its entirety. REHNQUIST: The clerk, without objection will read it in its entirety. LOTT: And I ask unanimous consent for the Senate to proceed to the immediate consideration of S. Res. 37, introduced earlier today by Senator Lott and Senator Daschle and that the resolution be adopted. REHNQUIST: Without objection, the resolution is adopted. LOTT: I ask unanimous consent that the resolution be agreed to, and the motion to reconsider be laid upon the table. And any statements that senators wish to make on this be printed at this point in the record. And Mr. Chief Justice... REHNQUIST: Without objection, it is so ordered. LOTT: On behalf of myself and the entire United States Senate, we want to offer you our thanks and the gratitude of the American people for your service to the nation and throughout this impeachment court, to this institution, as our presiding officer. During most of the last five weeks, you have brought to our proceedings a gentle dignity and an unfailing sense of purpose and sometimes a sense of humor. The majority leader realized when it was time to take a break and not to take a break when the chief justice said let's go forward. By placing duty above personal convenience and many other considerations, you've taught a lesson in leadership. In the presence of the chair, the president of the Senate, following the directives of our constitution, gave commity to this chamber and assurance to the nation. LOTT: I would like to close with our traditional Mississippi parting: Y'all come back soon. (LAUGHTER) But I hope that's not taken the wrong way... (LAUGHTER) ... and not for an occasion like this one. So instead, as you return to your work on the court in the great marble temple of the law right across the lawn from this Capitol, we salute you, sir, with renewed appreciation and esteem for a good friend and good neighbor. And now, Mr. Chief Justice, if the Democratic leader will join you, we have a small token of our appreciation. We have a tradition in the Senate that after you've presided over the Senate for 100 hours we present you with the golden gavel award. (LAUGHTER) And I'm not sure it quite reached a hundred hours, but it's close enough. REHNQUIST: (OFF-MIKE) (LAUGHTER) (APPLAUSE) LOTT: Mr. Chief Justice, I ask unanimous consent that the February 5, 1999 affidavit of Mr. Christopher Hitchens and the February 7, 1999 affidavit of Ms. Carol Blue, and the affidavit of Mr. R. Scott Armstrong be admitted into evidence in this proceeding, the full written transcripts of the depositions taken pursuant to S. Res. 30 be included in the public record of the trial at this point. This matter has been cleared on both sides of the aisle. REHNQUIST: Without objection, it's so ordered. LOTT: And now, Mr. Chief Justice, I move that the Senate, sitting as a court of impeachment on the articles exhibited against William Jefferson Clinton adjourn, sine die. REHNQUIST: Without objection the motion is agreed to. The Senate sitting as a court of impeachment stands adjourned sine die. LOTT: And the escorts will go to the podium to escort the chief justice from the chamber. ENZI: The sergeant-at-arms will escort the House managers out of the Senate chamber. LOTT: Mr. President, we do have further business. ENZI: The Senate will please come to order. Mr. Majority Leader. LOTT: Mr. President, I almost called you Mr. Chief Justice. I'll have to get used to this, going back to Mr. President. Before Senator Feinstein is recognized, I must take just a moment further to recognize a few individuals, and I know Senator Daschle would like to do that. In addition to the chief justice, his assistants who were here throughout the entire period... FEINSTEIN: Mr. Leader, shouldn't the White House attorneys have the same privilege of being escorted out before we take our business? LOTT: I think we had asked Senator Nickles to handle that. (LAUGHTER) There's the door. ENZI: The White House counsel will be escorted from the chambers. Majority leader. LOTT: If I could resume, I want to thank the assistants that came with the chief justice from the Supreme Court. I want to thank the secretary of the Senate, Garry Sisco (ph); the sergeant-at-arms, Jim Ziglar and the deputy sergeant-at-arms; Loretta Sims, who also gave us our instructions, for the first time in history, I am sure, that a woman called the Senate to order. I'd like to thank the secretary of majority, Elizabeth Letchworth (ph); the counsel of the Senate, Tom Griffith (ph) and the deputy, Morgan Frankel (ph); our special impeachment counsel, Mike Wallace; my chief of staff, Dave Hoppy (ph), who has just been tremendous and worked untold hours; and also all of our assistants at the desk, and especially our friend, Scott Bates, for their wonderful work. I wanted the record to reflect how much we appreciate the dedication, the long hours, the patience, and the competence of all these staff members. I'd like to yield to Senator Daschle for his comments in this area. ENZI: The Democratic leader. DASCHLE: Mr. President, I know I speak for all of my colleagues on this side of the aisle in sharing the expressions of gratitude that Senator Lott has just articulated for all of our staff. They have done a remarkable job. He mentioned all those who worked for all of us. Let me mention a couple of people who work for those of us on this side. Bob Bauer (ph), Bill Core (ph), Pete Rouse (ph), Marty Peoni (ph) and so many people that are particularly responsible for the fact that we are able to conduct our work so effectively throughout this very difficult challenge. And so, on behalf of the Democratic Caucus, we join with Senator Lott in expressing our deep sense of gratitude for the great, great job that they've done in these difficult weeks that we've now concluded. I yield the floor. REED: Mr. President? ENZI: The chair recognizes the senator from Rhode Island. REED: I wonder if this isn't an appropriate time to express our appreciation to our two leaders for guiding us through these very, very difficult times. (APPLAUSE) FEINSTEIN: Mr. President? ENZI: The chair recognizes the senator from California. FEINSTEIN: Mr. President, I move to proceed to my censure resolution, which is at the desk. ENZI: The senator from Texas. GRAMM: Mr. President, I have to object. This resolution's not on the calendar, and therefore it is not in order to present it to the Senate. FEINSTEIN: Mr. President? ENZI: The senator from California. FEINSTEIN: Mr. President, in light of that objection, I move to suspend the rules, the notice of which I printed in the record on Monday, February 8th, in order to permit my motion to proceed. ENZI: The senator from Texas. GRAMM: Mr. President, I send a motion to the desk -- a motion to indefinitely postpone the consideration of the Feinstein motion. ENZI: The clerk will report the motion. GRAMM: Mr. President, I (OFF-MIKE) further reading of the motion be dispensed with, and I ask for the yeas and the nays. ENZI: Is their sufficient second? There is sufficient second. The yeas and nays have been requested. The clerk will call the roll. (ROLL CALL VOTE) CLERK: Senators voting in the affirmative. Allard, Ashcroft, Bond, Brownback, Bunning, Burns, Byrd, Campbell, Cochran, Coverdell, Craig, Crapo, Dewine, Enzi, Fitzgerald, Frist, Grams of Minnesota, Grassley, Gregg, Hagel, Hatch, Helms, Hutchinson of Arkansas, Inhofe, Kyl, Mack, McCain, Murkowski, Nickles, Roberts, Santorum, Sessions, Shelby, Smith of New Hampshire, Specter, Stevens, Thomas, Thompson, Thurmond, Voinovich, and Warner. Senators voting in the negative: Abraham, Akaka, Baucus, Bayh, Bennett, Biden, Bingaman, Boxer, Breaux, Bryan, Chafee, Cleland, Conrad, Daschle, Dodd, Dorgan, Durbin, Edwards, Feingold, Feinstein, Gorton, Graham of Florida, Harkin, Hollings, Hutchison -- Hutchison of Texas, Inouye, Jeffords, Johnson, Kennedy, Kerrey of Nebraska, Kerry of Massachusetts, Kohl, Landrieu, Lautenberg, Leahy, Levin, Lieberman, Lincoln, McConnell, Mikulski, Moynihan, Murray, Reed of Rhode Island, Reid of Nevada, Robb, Rockefeller, Roth, Sarbanes, Schumer, Smith of Oregon, Snowe, Torricelli, Wellstone, and Wyden. Mr. Gramm of Texas. GRAMM: Aye. CLERK: Mr. Gramm of Texas, aye. Ms. Collins. Ms. Collins, aye. Ms. Collins, no. Mr. Lugar. LUGAR: No. CLERK: Mr. Lugar, no. Mr. Lott. LOTT: Aye. CLERK: Mr. Lott, aye. ENZI: Two-thirds not having voted in the negative, the motion to suspend is withdrawn and the Gramm's point of order is sustained in the Feinstein motion to proceed falls. The vote on this was ayes, yeas were 43, the nays were 56. LOTT: Mr. President, I... ENZI: The majority leader. LOTT: ... move to recess subject to call of the chair. ENZI: Without objection, so ordered.
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