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Procedure and Guidelines for Impeachment Trials in the United States Senate (Revised Edition)

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Procedure and Guidelines for Impeachment Trials in the United States Senate (Revised Edition) 99th Congress DOCUMENT 2d Session SENATE 99±33 "! PROCEDURE AND GUIDELINES FOR IMPEACHMENT TRIALS IN THE UNITED STATES SENATE (REVISED EDITION) PREPARED PURSUANT TO SENATE RESOLUTION 439, 99TH CONGRESS, 2D SESSION SUBMITTED BY SENATOR ROBERT C. BYRD AND SENATOR ROBERT DOLE BY FLOYD M. RIDDICK, PARLIAMENTARIAN EMERITUS OF THE UNITED STATES SENATE AND ROBERT B. DOVE, PARLIAMENTARIAN OF THE UNITED STATES SENATE AUGUST 15, 1986.ÐOrdered to be printed 1 99th Congress DOCUMENT 2d Session SENATE 99±33 "! PROCEDURE AND GUIDELINES FOR IMPEACHMENT TRIALS IN THE UNITED STATES SENATE (REVISED EDITION) PREPARED PURSUANT TO SENATE RESOLUTION 439, 99TH CONGRESS, 2D SESSION SUBMITTED BY SENATOR ROBERT C. BYRD AND SENATOR ROBERT DOLE BY FLOYD M. RIDDICK, PARLIAMENTARIAN EMERITUS OF THE UNITED STATES SENATE AND ROBERT B. DOVE, PARLIAMENTARIAN OF THE UNITED STATES SENATE AUGUST 15, 1986.ÐOrdered to be printed U.S. GOVERNMENT PRINTING OFFICE 52±301 WASHINGTON : 1998 52±301 COMMITTEE ON RULES AND ADMINISTRATION CHARLES MCC. MATHIAS, JR., Maryland, Chairman MARK O. HATFIELD, Oregon WENDELL H. FORD, Kentucky JAMES A. MCCLURE, Idaho CLAIBORNE PELL, Rhode Island JESSE HELMS, North Carolina ROBERT C. BYRD, West Virginia JOHN W. WARNER, Virginia DANIEL K. INOUYE, Hawaii ROBERT DOLE, Kansas DENNIS DECONCINI, Arizona TED STEVENS, Alaska PAUL SIMON, Illinois E.J. (JAKE) GARN, Utah ALBERT GORE, JR., Tennessee JOHN B. CHILDERS, Staff Director ANN B. COOK, Chief Clerk WILLIAM MCWHORTER COCHRANE, Minority Staff Director ANTHONY L. HARVEY, Senior Analyst (II) SENATE RESOLUTION 439 JUNE 26 (legislative day, JUNE 23), 1986 Mr. BYRD (for himself and Mr. DOLE) submitted the following resolution; which was referred to the Committee on Rules and Administration AUGUST 12 (legislative day, AUGUST 11), 1986 Reported by Mr. MATHIAS, with an amendment and an amendment to the title [Strike out all after the resolving clause and insert the part printed in italic] AUGUST 15 (legislative day, AUGUST 11), 1986 Considered, amended, and agreed to IN THE SENATE OF THE UNITED STATES. Resolved, That there be printed a revised edition of Senate Docu- ment 93±102, 93d Congress, 2d Session, entitled ``Procedure and Guidelines for Impeachment Trials in the United States Senate,'' as a Senate document and that there be printed, in addition to the usual number of copies of such document, such additional copies as are allowed to be printed under the limitations imposed by section 703 of title 44, United States Code. Attest: JO-ANNE L. COE, Secretary. (III) C O N T E N T S Chapter Page I. Constitutional provisions ................................................................................. 1 II. Rules of Procedure and Practice in the Senate When Sitting on Impeach- ment Trials .................................................................................................... 2 III. Senate Rules ..................................................................................................... 8 IV. Sequence of events at the beginning of a trial ............................................... 9 1. First a message(s) from the House of Representatives is received containing the information that the House has voted impeachment, adopted articles, and appointed managers. The Senate then adopts an order informing the House when it is ready to receive the managers to present the articles of impeachment .............................. 9 Trial ofÐ Halsted L. Ritter ............................................................................. 9 Harold Louderback ......................................................................... 11 Andrew Johnson ............................................................................. 12 2. In some of the recent trials, at this stage of the proceedings, the Senate has adopted resolutions to provide for the payment of expenses of the said trials ................................................................ 17 3. Managers on the part of the House of Representatives appear in the Senate Chamber and are announced. The Presiding Officer directs them to the seats provided for them and the Sergeant at Arms makes his proclamation. The Chair recognizes the man- agers to present the articles of impeachment, following a quorum call if one is called for ........................................................................... 18 Trial ofÐ Halsted L. Ritter ............................................................................. 18 Harold Louderback ......................................................................... 19 Andrew Johnson ............................................................................. 19 4. The managers, after presenting the articles of impeachment, asked the Senate to take order for the trial, and the Presiding Officer informs the managers that the Senate will duly inform the House of Representatives when ready for the trial. The managers after delivering the articles of impeachment withdraw from the Senate .. 24 5. After the articles of impeachment have been presented to the Senate, the next step is for the Senate to organize for the trial. The Presiding Officer takes his oath for the trial and then, as in the Ritter trial, administers the oath to the Senators standing at their seats. In the case of the Johnson trial, this procedure was somewhat different since the Chief Justice of the Supreme Court presided ........................................................................................ 25 6. After the oaths are administered, the Chair directs the Sergeant at Arms to make proclamation for the beginning of the trial and the order for a summons to the respondent is adopted ...................... 27 V. Precedents and practices for impeachment trial ........................................... 32 Rules on .................................................................................................. 33 Adjourn to time certain ......................................................................... 33 Legislative and executive business, unaffected by .............................. 34 Orders for meeting at different hours .................................................. 34 Precedence of motions ........................................................................... 34 Amendments .............................................................................................. 35 Appeals ....................................................................................................... 35 Arguments at the trial: Incidental and interlocutory questions ................................................ 36 Final arguments, limitation on ............................................................. 36 (V) VI Page ChapterÐContinued Articles of impeachment: Amendments to ...................................................................................... 37 Form of putting question on ................................................................. 38 Votes and procedures thereon .............................................................. 38 Attendance of Senators at impeachment trial ........................................ 39 Briefs, when submitted and printed ........................................................ 40 Chief Justice as Presiding Officer: Appeals ................................................................................................... 40 Form for putting the question on the articles of impeachment ......... 40 Vote by .................................................................................................... 40 Witnesses examined by ......................................................................... 42 Closed doors ............................................................................................... 42 Commission to take deposition of a witness ........................................... 42 Committees in impeachment trials: Use of committees by the Senate in impeachment trials ................... 42 Committee appointed to receive evidence ............................................ 43 Congress must be in session during trial ................................................ 44 Counsel for the respondent: Assistants for the counsel allowed on the Floor during the trial ...... 44 Improper language by ........................................................................... 44 Motion to strike various articles of impeachment made by ............... 46 Witness, counsel for the respondent summoned as ............................ 47 Debate: Orders at the trial ................................................................................. 47 Organizational questions prior to trial and debate thereof ................ 48 Division of the question: Article not divisible ................................................................................ 49 Articles of impeachment ........................................................................ 50 Final Judgment ...................................................................................... 50 Evidence: Admissibility of ...................................................................................... 51 Determination by presiding officer during impeachment trial .......... 52 Leading questions ruled out ................................................................. 52 Presentation of, during final arguments, out of order ........................ 53 Questions of, submitted to Senate ........................................................ 53 Floor privileges granted to persons to sit with
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