January 31, 2020 CONGRESSIONAL RECORD — SENATE S769 The CHIEF JUSTICE. Is there a suffi- Harris Menendez Sinema ly divided between the House and the Presi- cient second? Hassan Merkley Smith dent to be used as under the Rules of Im- Heinrich Murphy Stabenow peachment. There is a sufficient second. Hirono Murray Tester Jones Peters At the conclusion of the final arguments The clerk will call the roll. Udall by the House and the President, the court of Kaine Reed Van Hollen The senior assistant legislative clerk King Rosen impeachment shall stand adjourned until 4:00 called the roll. Warner Klobuchar Sanders Warren pm on Wednesday, February 5, 2020, at which Leahy Schatz The result was announced—yeas 53, Whitehouse time the Senate, without intervening action Manchin Schumer nays 47, as follows: Wyden or debate shall vote on the Articles of Im- Markey Shaheen [Rollcall Vote No. 31] peachment. The resolution (S. Res. 488) was YEAS—53 f agreed to. Alexander Fischer Perdue (The resolution is printed in today’s AMENDMENTS SUBMITTED AND Barrasso Gardner Portman PROPOSED Blackburn Graham Risch RECORD under ‘‘Submitted Resolu- Blunt Grassley Roberts tions.’’) SA 1295. Mr. SCHUMER proposed an Boozman Hawley Romney UNANIMOUS CONSENT AGREEMENT—PRINTING OF amendment to the resolution S. Res. 488, to Braun Hoeven Rounds STATEMENTS IN THE RECORD AND PRINTING provide for related procedures concerning Burr Hyde-Smith Rubio OF SENATE DOCUMENT OF IMPEACHMENT the articles of impeachment against Donald Capito Inhofe Sasse Cassidy Johnson PROCEEDINGS John Trump, President of the . Scott (FL) Collins Kennedy SA 1296. Mr. SCHUMER proposed an Scott (SC) The CHIEF JUSTICE. The majority Cornyn Lankford amendment to the resolution S. Res. 488, Shelby Cotton Lee leader is recognized. supra. Cramer Loeffler Sullivan Mr. MCCONNELL. Mr. Chief Justice, SA 1297. Mr. SCHUMER proposed an Thune Crapo McConnell I ask unanimous consent that the Sec- amendment to the resolution S. Res. 488, Tillis Cruz McSally retary be authorized to include state- supra. Daines Moran Toomey Enzi Murkowski Wicker ments of Senators explaining their SA 1298. Mr. VAN HOLLEN proposed an Ernst Paul Young votes, either given or submitted during amendment to the resolution S. Res. 488, supra. NAYS—47 the legislative sessions of the Senate on Monday, February 3; Tuesday, Feb- f Baldwin Hassan Rosen Bennet Heinrich Sanders ruary 4; and Wednesday, February 5; TEXT OF AMENDMENTS Blumenthal Hirono along with the full record of the Sen- Schatz Mr. SCHUMER proposed an Booker Jones Schumer ate’s proceedings and the filings by the SA 1295. Brown Kaine Shaheen amendment to the resolution S. Res. Cantwell King parties in a Senate document printed Sinema under the supervision of the Secretary 488, to provide for related procedures Cardin Klobuchar Smith concerning the articles of impeach- Carper Leahy Stabenow of the Senate that will complete the Casey Manchin ment against Donald John Trump, Tester documentation of the Senate’s han- Coons Markey Udall President of the United States; as fol- Cortez Masto Menendez dling of these impeachment pro- Van Hollen lows: Duckworth Merkley ceedings. Durbin Murphy Warner At the appropriate place in the matter fol- Warren The CHIEF JUSTICE. Without objec- Feinstein Murray tion, it is so ordered. lowing the resolving clause, insert the fol- Gillibrand Peters Whitehouse lowing: Harris Reed Wyden f SEC. lllll. Notwithstanding any other The motion to table is agreed to; the SUBMISSION OF CONCURRENT AND provision of this resolution, pursuant to rules V and VI of the Rules of Procedure and amendment is tabled. SENATE RESOLUTIONS The CHIEF JUSTICE. The question Practice in the Senate When Sitting on Im- occurs on the adoption of S. Res. 488. The following concurrent resolutions peachment Trials— (1) the Chief Justice of the United States, Mr. MCCONNELL. Mr. Chief Justice, and Senate resolutions were read, and referred (or acted upon), as indicated: through the Secretary of the Senate, shall I ask for the yeas and nays. issue a subpoena— By Mr. MCCONNELL: The CHIEF JUSTICE. Is there a suffi- (A) for the taking of testimony of— S. Res. 488. A resolution to provide for re- cient second? (i) John Robert Bolton; lated procedures concerning the articles of There is a sufficient second. (ii) John Michael ‘‘Mick’’ Mulvaney; impeachment against Donald John Trump, (iii) Michael P. Duffey; and The clerk will call the roll. President of the United States; considered (iv) Robert B. Blair; The legislative clerk called the roll. and agreed to. The CHIEF JUSTICE. Are there any (B) to the Acting Chief of Staff of the f White House commanding him to produce, other Senators in the Chamber desiring for the time period from January 1, 2019, to to vote or change his or her vote? SUBMITTED RESOLUTIONS the present, all documents, communications, The result was announced—yeas 53, and other records within the possession, cus- nays 47, as follows: tody, or control of the White House, includ- [Rollcall Vote No. 32] SENATE RESOLUTION 488—TO PRO- ing the National Security Council, referring VIDE FOR RELATED PROCE- or relating to— YEAS—53 DURES CONCERNING THE ARTI- (i) all meetings and calls between Presi- Alexander Fischer Perdue dent Trump and the President of , Barrasso Gardner Portman CLES OF IMPEACHMENT AGAINST DONALD JOHN TRUMP, including documents, communications, and Blackburn Graham Risch other records related to the scheduling of, Blunt Grassley Roberts PRESIDENT OF THE UNITED Boozman Hawley preparation for, and follow-up from the Romney STATES President’s April 21 and July 25, 2019 tele- Braun Hoeven Rounds phone calls, as well as the President’s Sep- Burr Hyde-Smith Rubio Mr. MCCONNELL submitted the fol- Capito Inhofe Sasse lowing resolution; which was consid- tember 25, 2019 meeting with the President of Cassidy Johnson Scott (FL) Ukraine in New York; Collins Kennedy ered and agreed to: Scott (SC) (ii) all investigations, inquiries, or other Cornyn Lankford Shelby S. RES. 488 probes related to Ukraine, including any Cotton Lee Cramer Loeffler Sullivan Resolved, That the record in this case shall that relate in any way to— Crapo McConnell Thune be closed, and no motion with respect to re- (I) former Vice President Joseph Biden; Cruz McSally Tillis opening the record shall be in order for the (II) and any of his associates; Daines Moran Toomey duration of these proceedings. (III) Holdings Limited (also Enzi Murkowski Wicker The Senate shall proceed to final argu- known as ‘‘Burisma’’); Ernst Paul Young ments as provided in the impeachment rules, (IV) interference or involvement by NAYS—47 waiving the two person rule contained in Ukraine in the 2016 United States election; Rule XXII of the Rules of Procedure and (V) the Democratic National Committee; Baldwin Cantwell Cortez Masto Bennet Cardin Duckworth Practice in the Senate When Sitting on Im- or Blumenthal Carper Durbin peachment Trials. Such arguments shall (VI) CrowdStrike; Booker Casey Feinstein begin at 11:00 am on Monday, February 3, (iii) the actual or potential suspension, Brown Coons Gillibrand 2020, and not exceed four hours, and be equal- withholding, delaying, freezing, or releasing

VerDate Sep 11 2014 01:05 Feb 01, 2020 Jkt 099060 PO 00000 Frm 00017 Fmt 4637 Sfmt 0634 E:\CR\FM\G31JA6.032 S31JAPT1 dlhill on DSKBBY8HB2PROD with SENATE S770 CONGRESSIONAL RECORD — SENATE January 31, 2020 of United States foreign assistance, military quest for documents from the House Perma- freezing, or releasing of United States for- assistance, or security assistance of any kind nent Select Committee on Intelligence, the eign assistance, military assistance, or secu- to Ukraine, including but not limited to the House Committee on Oversight and Reform, rity assistance to Ukraine, including all Ukraine Security Assistance Initiative and the House Committee on Foreign Af- meetings, calls, or other engagements with (USAI) and Foreign Military Financing fairs, including, but not limited to, docu- Ukrainian officials regarding potential or ac- (FMF); ments collected that pertain to the hold on tual suspensions, holds, or delays in United (iv) all documents, communications, notes, military and other security assistance to States assistance to Ukraine; and other records created or received by Act- Ukraine, the scheduling of a White House (ii) communications, opinions, advice, ing Chief of Staff , then-Na- meeting for the president of Ukraine, and counsel, approvals, or concurrences provided tional Security Advisor John R. Bolton, Sen- any requests for investigations by Ukraine; by any employee in the Office of Manage- ior Advisor to the Chief of Staff Robert B. (viii) the complaint submitted by a whis- ment and Budget regarding the actual or po- Blair, and other White House officials relat- tleblower within the Intelligence Commu- tential suspension, withholding, delaying, ing to efforts to— nity on or around August 12, 2019, to the In- freezing, or releasing of security assistance (I) solicit, request, demand, induce, per- spector General of the Intelligence Commu- to Ukraine including legality under the Im- suade, or coerce Ukraine to conduct or an- nity; poundment Control Act; nounce investigations; (ix) all meetings or calls, including re- (iii) Associate Director Michael Duffey (II) offer, schedule, cancel, or withhold a quests for or records of meetings or tele- taking over duties related to apportionments White House meeting for Ukraine’s presi- phone calls, scheduling items, calendar en- of USAI or FMF from Deputy Associate Di- dent; or tries, White House visitor records, and email rector or any other Office of (III) hold and then release military and or text messages using personal or work-re- Management and Budget employee; other security assistance to Ukraine; lated devices between or among— (iv) all meetings related to the security as- (v) meetings at or involving the White (I) current or former White House officials sistance to Ukraine including but not lim- House that relate to Ukraine, including but or employees, including but not limited to ited to interagency meetings on July 18, 2019, not limited to— President Trump; and July 23, 2019, July 26, 2019, and July 31, 2019, (I) President Zelensky’s inauguration on (II) Rudolph W. Giuliani, Ambassador including any directions provided to staff May 20, 2019, in Kiev, Ukraine, including but Sondland, , or Joseph participating in those meetings and any not limited to President Trump’s decision diGenova; and readouts from those meetings; not to attend, to ask Vice President Pence to (x) former United States Ambassador to (v) the decision announced on or about lead the delegation, directing Vice President Ukraine Marie ‘‘Masha’’ Yovanovitch, in- September 11, 2019, to release appropriated Pence not to attend, and the subsequent de- cluding but not limited to the decision to foreign assistance, military assistance, or se- cision about the composition of the delega- end her tour or recall her from the United curity assistance to Ukraine, including but tion of the United States; States Embassy in Kiev; not limited to any notes, memoranda, docu- (II) a meeting at the White House on or (C) to the Acting Director of the Office of mentation or correspondence related to the around May 23, 2019, involving, among oth- Management and Budget commanding him decision; ers, President Trump, then-Special Rep- to produce, for the time period from January (vi) all draft and final versions of talking resentative for Ukraine Negotiations Ambas- 1, 2019, to the present, all documents, com- points related to the withholding or release sador , then-Energy Secretary munications, and other records within the of foreign assistance, military assistance, or , and United States Ambassador possession, custody, or control of the Office security assistance to Ukraine, including to the European Union , as of Management and Budget, referring or re- communications with the Department of De- well as any private meetings or conversa- lating to— fense related to concerns about the accuracy tions with those individuals before or after (i) the actual or potential suspension, of the talking points; and the larger meeting; withholding, delaying, freezing, or releasing (vii) all meetings and calls between Presi- (III) meetings at the White House on or of United States foreign assistance, military dent Trump and the President of Ukraine, about July 10, 2019, involving Ukrainian offi- assistance, or security assistance of any kind including documents, communications, and cials and Oleksander to Ukraine, including but not limited to the other records related to the scheduling of, Danylyuk and United States Government of- Ukraine Security Assistance Initiative (re- preparation for, and follow-up from the ficials, including, but not limited to, then- ferred to in this section as ‘‘USAI’’) and For- President’s April 21 and July 25, 2019, tele- National Security Advisor , Sec- eign Military Financing (referred to in this phone calls, as well as the President’s Sep- retary Perry, Ambassador Volker, and Am- section as ‘‘FMF’’), including but not limited tember 25, 2019, meeting with the President bassador Sondland, to include at least a to— of Ukraine in New York; meeting in Ambassador Bolton’s office and a (I) communications among, between, or re- (D) to the Secretary of State commanding subsequent meeting in the Ward Room; ferring to Director Michael John ‘‘Mick’’ him to produce, for the time period from (IV) a meeting at the White House on or Mulvaney, Assistant to the President Robert January 1, 2019, to the present, all docu- around August 30, 2019, involving President Blair, Acting Director , Asso- ments, communications, and other records Trump, Secretary of State , ciate Director Michael Duffey, or any other within the possession, custody, or control of and Secretary of Defense ; Office of Management and Budget employee; the Department of State, referring or relat- (V) a planned meeting, later cancelled, in (II) communications related to requests by ing to— Warsaw, Poland, on or around September 1, President Trump for information about (i) all meetings and calls between Presi- 2019 between President Trump and President Ukraine security or military assistance and dent Trump and the President of Ukraine, Zelensky, and subsequently attended by Vice responses to those requests; including documents, communications, and President Pence; and (III) communications related to concerns other records related to the scheduling of, (VI) a meeting at the White House on or raised by any Office of Management and preparation for, and follow-up from the around September 11, 2019, involving Presi- Budget employee related to the legality of President’s April 21 and July 25, 2019 tele- dent Trump, Vice President Pence, and Mr. any hold on foreign assistance, military as- phone calls, as well as the President’s Sep- Mulvaney concerning the lifting of the hold sistance, or security assistance to Ukraine; tember 25, 2019 meeting with the President of on security assistance for Ukraine; (IV) communications sent to the Depart- Ukraine in New York; (vi) meetings, telephone calls or conversa- ment of State regarding a hold or block on (ii) the actual or potential suspension, tions related to any occasions in which Na- congressional notifications regarding the re- withholding, delaying, freezing, or releasing tional Security Council officials reported lease of FMF funds to Ukraine; of United States foreign assistance, military concerns to National Security Council law- (V) communications between— assistance, or security assistance of any kind yers, including but not limited to National (aa) officials at the Department of Defense, to Ukraine, including but not limited to the Security Council Legal Advisor, John including but not limited to Undersecretary Ukraine Security Assistance Initiative Eisenberg, regarding matters related to of Defense Elaine McCusker; and (USAI) and Foreign Military Financing Ukraine, including but not limited to— (bb) Associate Director Michael Duffey, (FMF), including but not limited to all com- (I) the decision to delay military assist- Deputy Associate Director Mark Sandy, or munications with the White House, Depart- ance to Ukraine; any other Office of Management and Budget ment of Defense, and the Office of Manage- (II) the July 10, 2019 meeting at the White employee; ment and Budget, as well as the Ukrainian House with Ukrainian officials; (VI) all draft and final versions of the Au- government’s knowledge prior to August 28, (III) the President’s July 25, 2019 call with gust 7, 2019, memorandum prepared by the 2019, of any actual or potential suspension, the President of Ukraine; National Security Division, International withholding, delaying, freezing, or releasing (IV) a September 1, 2019 meeting between Affairs Division, and Office of General Coun- of United States foreign assistance to Ambassador Sondland and a Ukrainian offi- sel of the Office of Management and Budget Ukraine, including all meetings, calls, or cial; and about the release of foreign assistance, secu- other engagements with Ukrainian officials (V) the President’s September 7, 2019 call rity assistance, or security assistance to regarding potential or actual suspensions, with Ambassador Sondland; Ukraine; and holds, or delays in United States assistance (vii) any internal review or assessment (VII) the Ukrainian government’s knowl- to Ukraine; within the White House regarding Ukraine edge prior to August 28, 2019, of any actual or (iii) all documents, communications, matters following the September 9, 2019, re- potential suspension, withholding, delaying, notes, and other records created or received

VerDate Sep 11 2014 01:05 Feb 01, 2020 Jkt 099060 PO 00000 Frm 00018 Fmt 4637 Sfmt 0634 E:\CR\FM\A31JA6.012 S31JAPT1 dlhill on DSKBBY8HB2PROD with SENATE January 31, 2020 CONGRESSIONAL RECORD — SENATE S771 by, Secretary Michael R. Pompeo, Counselor (III) a September 15, 2019 memorandum to (iv) planned or actual meetings with Presi- T. , former Special Rep- file written by Deputy Assistant Secretary dent Trump related to United States foreign resentative for Ukraine Negotiations Ambas- Kent; assistance, military assistance, or security sador Kurt Volker, Deputy Assistant Sec- (vii) all meetings or calls, including but assistance to Ukraine, including but not lim- retary George Kent, then-United States Em- not limited to all requests for or records of ited to any talking points and notes for Sec- bassy in Ukraine Charge d’Affaires William meetings or telephone calls, scheduling retary Mark Esper’s planned or actual meet- B. Taylor, and Ambassador to the European items, calendar entries, State Department ings with President Trump on August 16, Au- Union Gordon Sondland, and other State De- visitor records, and email or text messages gust 19, or August 30, 2019; partment officials, relating to efforts to— using personal or work-related devices, be- (v) the decision announced on or about (I) solicit, request, demand, induce, per- tween or among— September 11, 2019, to release appropriated suade, or coerce Ukraine to conduct or an- (I) current or former State Department of- foreign assistance, military assistance, and nounce investigations; ficials or employees, including but not lim- security assistance to Ukraine, including but (II) offer, schedule, cancel, or withhold a ited to Secretary Michael R. Pompeo, Am- not limited to any notes, memoranda, docu- White House meeting for Ukraine’s presi- bassador Volker, and Ambassador Sondland; mentation or correspondence related to the dent; or and decision; and (III) hold and then release military and (II) Rudolph W. Giuliani, Victoria (vi) all meetings and calls between Presi- other security assistance to Ukraine; Toensing, or Joseph diGenova; and dent Trump and the President of Ukraine, (iv) any meetings or proposed meetings at (viii) the curtailment or recall of former including but not limited to documents, or involving the White House that relate to United States Ambassador to Ukraine Marie communications, and other records related Ukraine, including but not limited to— ‘‘Masha’’ Yovanovitch from the United to the scheduling of, preparation for, and fol- (I) President Zelensky’s inauguration on States Embassy in Kiev, including credible low-up from the President’s April 21 and July 25, 2019 telephone calls, as well as the May 20, 2019, in Kiev, Ukraine, including but threat reports against her and any protec- President’s September 25, 2019 meeting with not limited to President Trump’s decision tive security measures taken in response; the President of Ukraine in New York; and not to attend, to ask Vice President Pence to and (2) the Sergeant at Arms is authorized to lead the delegation, directing Vice President (E) to the Secretary of Defense com- utilize the services of the Deputy Sergeant Pence not to attend, and the subsequent de- manding him to produce, for the time period at Arms or any other employee of the Senate cision about the composition of the delega- from January 1, 2019, to the present, all doc- in serving the subpoena authorized to be tion of the United States; uments, communications, and other records issued by this section. (II) a meeting at the White House on or within the possession, custody, or control of the Department of Defense, referring or re- around May 23, 2019, involving, among oth- SA 1296. Mr. SCHUMER proposed an ers, President Trump, then-Special Rep- lating to— (i) the actual or potential suspension, amendment to the resolution S. Res. resentative for Ukraine Negotiations Ambas- 488, to provide for related procedures sador Kurt Volker, then-Energy Secretary withholding, delaying, freezing, or releasing Rick Perry, and United States Ambassador of United States foreign assistance, military concerning the articles of impeach- to the European Union Gordon Sondland, as assistance, or security assistance of any kind ment against Donald John Trump, well as any private meetings or conversa- to Ukraine, including but not limited to the President of the United States; as fol- tions with those individuals before or after Ukraine Security Assistance Initiative lows: the larger meeting; (USAI) and Foreign Military Financing At the appropriate place in the resolving (III) meetings at the White House on or (FMF), including but not limited to— clause, insert the following: about July 10, 2019, involving Ukrainian offi- (I) communications among or between offi- cials at the Department of Defense, White SEC. lll. Notwithstanding any other cials Andriy Yermak and Oleksander provision of this resolution, pursuant to House, Office of Management and Budget, Danylyuk and United States Government of- rules V and VI of the Rules of Procedure and Department of State, or Office of the Vice ficials, including, but not limited to, then- Practice in the Senate When Sitting on Im- President; National Security Advisor John Bolton, Sec- peachment Trials, the Chief Justice of the (II) documents, communications, notes, or retary Perry, Ambassador Volker, and Am- United States, through the Secretary of the other records created, sent, or received by bassador Sondland, to include at least a Senate, shall issue a subpoena for the taking Secretary Mark Esper, Deputy Secretary meeting in Ambassador Bolton’s office and a of testimony of John Robert Bolton, and the , Undersecretary of Defense subsequent meeting in the Ward Room; Sergeant at Arms is authorized to utilize the Elaine McCusker, and Deputy Assistant Sec- (IV) a meeting at the White House on or services of the Deputy Sergeant at Arms or retary of Defense , or Mr. Eric around August 30, 2019, involving President any other employee of the Senate in serving Chewning; the subpoena authorized to be issued by this Trump, Secretary of State Mike Pompeo, (III) draft or final letters from Deputy Sec- section. and Secretary of Defense Mark Esper; retary David Norquist to the Office of Man- (V) a planned meeting, later cancelled, in agement and Budget; and Warsaw, Poland, on or around September 1, SA 1297. Mr. SCHUMER proposed an (IV) unredacted copies of all documents re- amendment to the resolution S. Res. 2019 between President Trump and President leased in response to the September 25, 2019, Zelensky, and subsequently attended by Vice Freedom of Information Act request by the 488, to provide for related procedures President Pence; and Center for Public Integrity (tracking number concerning the articles of impeach- (VI) a meeting at the White House on or 19-F-1934); ment against Donald John Trump, around September 11, 2019, involving Presi- (ii) the Ukrainian government’s knowledge President of the United States; as fol- dent Trump, Vice President Pence, and Mr. prior to August 28, 2019, of any actual or po- lows: Mulvaney concerning the lifting of the hold tential suspension, withholding, delaying, At the appropriate place in the matter fol- on security assistance for Ukraine; freezing, or releasing of United States for- lowing the resolving clause, insert the fol- (v) all communications, including but not eign assistance, military assistance, or secu- lowing: limited to WhatsApp or text messages on pri- rity assistance to Ukraine, including but not Notwithstanding any other provision of vate devices, between current or former limited to all meetings, calls, or other en- this resolution, pursuant to rules V and VI of State Department officials or employees, in- gagements with Ukrainian officials regard- the Rules of Procedure and Practice in the cluding but not limited to Secretary Michael ing potential or actual suspensions, holds, or Senate When Sitting on Impeachment R. Pompeo, Ambassador Volker, Ambassador delays in United States assistance to Trials, the Chief Justice of the United Sondland, Ambassador Taylor, and Deputy Ukraine, including but not limited to— States, through the Secretary of the Senate, Assistant Secretary Kent, and the following: (I) communications received from the De- shall issue a subpoena for the taking of testi- President Zelensky, Andriy Yermak, or indi- partment of State concerning the Ukrainian mony on oral deposition and subsequent tes- viduals or entities associated with or acting Embassy’s inquiries about United States for- timony before the Senate of John Robert in any capacity as a representative, agent, or eign assistance, military assistance, and se- Bolton, and the Sergeant at Arms is author- proxy for President Zelensky before and curity assistance to Ukraine; and ized to utilize the services of the Deputy Ser- after his election; (II) communications received directly from geant at Arms or any other employee of the (vi) all records specifically identified by the Ukrainian Embassy about United States Senate in serving the subpoena authorized to witnesses in the House of Representatives’ foreign assistance, military assistance, and be issued by this paragraph. impeachment inquiry that memorialize key security assistance to Ukraine; The deposition authorized by this resolu- events or concerns, and any records reflect- (iii) communications, opinions, advice, tion shall be taken before, and presided over ing an official response thereto, including counsel, approvals, or concurrences provided by, the Chief Justice of the United States, but not limited to— by the Department of Defense, Office of Man- who shall administer to the witness the oath (I) an August 29, 2019 cable sent by Ambas- agement and Budget, or the White House, on prescribed by rule XXV of the Rules of Pro- sador Taylor to Secretary Pompeo; the legality of any suspension, withholding, cedure and Practice in the Senate When Sit- (II) an August 16, 2019 memorandum to file delaying, freezing, or releasing of United ting on Impeachment Trials. The Chief Jus- written by Deputy Assistant Secretary Kent; States foreign assistance, military assist- tice shall have authority to rule, as an ini- and ance, and security assistance to Ukraine; tial matter, upon any question arising out of

VerDate Sep 11 2014 01:05 Feb 01, 2020 Jkt 099060 PO 00000 Frm 00019 Fmt 4637 Sfmt 0634 E:\CR\FM\A31JA6.012 S31JAPT1 dlhill on DSKBBY8HB2PROD with SENATE S772 CONGRESSIONAL RECORD — SENATE January 31, 2020 the deposition. All objections to a question the deposition with the Secretary of the Sen- peachment against Donald John shall be noted by the Chief Justice upon the ate, who shall maintain them as confidential Trump, President of the United States; record of the deposition but the examination proceedings of the Senate. The Sergeant at as follows: shall proceed, and the witness shall answer Arms is authorized to make available for re- such question. The witness may refuse to an- view at secure locations, any of the video- At the appropriate place in the matter fol- swer a question only when necessary to pre- tapes or transcribed deposition records to lowing the resolving clause, insert the fol- serve a legally recognized privilege, or con- Members of the Senate, one designated staff lowing: stitutional right, and must identify such member per Senator, and the Chief Justice. Notwithstanding any other provision of privilege cited if refusing to answer a ques- The Senate may direct the Secretary of the this resolution, the Presiding Officer shall tion. Senate to distribute such materials, and to issue a subpoena for any witness or any doc- Examination of the witness at a deposition use whichever means of dissemination, in- ument that a Senator or a party moves to shall be conducted by the Managers on the cluding printing as Senate documents, print- subpoena if the Presiding Officer determines part of the House of Representatives or their ing in the Congressional Record, photo- and that the witness or document is likely to counsel, and by counsel for the President. video- duplication, and electronic dissemina- have probative evidence relevant to either The witness shall be examined by not more tion, he determines to be appropriate to ac- article of impeachment before the Senate, than 2 persons each on behalf of the Man- complish any distribution of the videotaped and, consistent with the authority of the agers and counsel for the President. The wit- or transcribed deposition records that he is Presiding Officer to rule on all questions of ness may be accompanies by counsel. The directed to make pursuant to this paragraph. evidence, shall rule on any assertion of privi- scope of the examination by the Managers The deposition authorized by this resolu- lege. and counsel for both parties shall be limited tion shall be deemed to be proceedings before ORDERS FOR MONDAY, FEBRUARY 3, 2020; TUES- to subject matters reflected in the Senate the Senate for purposes of rule XXIX of the DAY, FEBRUARY 4, 2020; AND WEDNESDAY, FEB- record. The party taking a deposition shall Standing Rules of the Senate, sections 101, RUARY 5, 2020 present to the other party, not less than 18 102, and 104 of the Revised Statutes (2 U.S.C. hours in advance of the deposition, copies of Mr. MCCONNELL. Mr. Chief Justice, 191, 192, and 194), sections 703, 705, and 707 of I further ask unanimous consent that all exhibits which the deposing party intends the Ethics in Government Act of 1978 (2 to enter into the deposition. No exhibits out- U.S.C. 288b, 288d, and 288f), sections 6002 and when the Senate resumes legislative side of the Senate record shall be employed, 6005 of title 18, United States Code, and sec- session on Monday, February 3; Tues- except for articles and materials in the tion 1365 of title 28, United States Code. The day, February 4; and Wednesday, Feb- press, including electronic media. Any party Secretary of the Senate shall arrange for ruary 5; the Senate be in a period of may interrogate the witness as if the witness stenographic assistance, including morning business with Senators per- were declared adverse. videotaping, to record the depositions as pro- The deposition shall be videotaped and a mitted to speak for up to 10 minutes vided in section 205. Such expenses as may be transcript of the proceeding shall be made. each for debate only. necessary shall be paid from the ‘‘Appropria- The deposition shall be conducted in private. The CHIEF JUSTICE. Without objec- tion Account—Miscellaneous Items’’ in the No person shall be admitted to the deposi- contingent fund of the Senate upon vouchers tion, it is so ordered. tion except for the following: The witness, approved by the Secretary. counsel for the witness, the Managers on the The deposition authorized by this resolu- f part of the House of Representatives, counsel tion may be conducted for a period of time for the Managers, counsel for the President, not to exceed 1 day. The period of time for ADJOURNMENT UNTIL MONDAY, and the Chief Justice; further, such persons the subsequent testimony before the Senate FEBRUARY 3, 2020, AT 11 A.M. whose presence is required to make and pre- authorized by this resolution shall not ex- serve a record of the proceeding in Mr. MCCONNELL. Mr. Chief Justice, ceed 1 day. The deposition and the subse- videotaped and transcript forms, and staff finally, I ask unanimous consent that quent testimony before the Senate shall both members to the Chief Justice whose presence be completed not later than 5 days after the the trial adjourn until 11 a.m., Feb- is required to assist the Chief Justice in pre- date on which this resolution is adopted. ruary 3, and that this order also con- siding over the deposition, or for other pur- stitute the adjournment of the Senate. poses, as determined by the Chief Justice. Mr. VAN HOLLEN proposed There being no objection, at 7:58 All persons present must maintain the con- SA 1298. fidentiality of the proceeding. an amendment to the resolution S. p.m., the Senate, sitting as a Court of The Chief Justice at the deposition shall Res. 488, to provide for related proce- Impeachment, adjourned until Monday, file the videotaped and transcribed records of dures concerning the articles of im- February 3, 2020, at 11 a.m.

VerDate Sep 11 2014 01:05 Feb 01, 2020 Jkt 099060 PO 00000 Frm 00020 Fmt 4637 Sfmt 0634 E:\CR\FM\A31JA6.013 S31JAPT1 dlhill on DSKBBY8HB2PROD with SENATE