June 24, 2009 CONGRESSIONAL RECORD — SENATE S6961 McCain, McCaskill, McConnell, Menendez, SEC. 6. The Secretary shall provide the an- SEC. 4. During proceedings conducted Merkley, Mikulski, Murkowski, Murray, swer and the replication, if any, to the Pre- under Rule XI the chairman of the com- Nelson (Nebraska), Nelson (Florida). siding Officer of the Senate on the first day mittee is authorized to waive the require- Reed (Rhode Island), Reid (Nevada), Risch, the Senate is in session after the Secretary ment under the Rules of Procedure and Prac- Rockefeller, Sanders, Schumer, Sessions, receives them, and the Presiding Officer tice in the Senate When Sitting on Impeach- Shaheen, Shelby, Snowe, Specter, Stabenow, shall cause the answer and replication, if ment Trials that questions by a Senator to a Tester, Thune, Udall (Colorado), Udall (New any, to be printed in the Senate Journal and witness, a manager, or counsel shall be re- Mexico), Vitter, Voinovich, Warner, Webb, in the Congressional Record. If a timely an- duced to writing and put by the Presiding Of- Whitehouse, Wicker, Wyden. swer has not been filed, the Presiding Officer ficer. Mr. REID. Mr. President, any Sen- shall cause a plea of not guilty to be entered. SEC. 5. In addition to a certified copy of the transcript of the proceedings and testi- ator who was not in the Senate Cham- SEC. 7. The articles of impeachment, the answer, and the replication, if any, together mony had and given before it, the committee ber at the time the oath was adminis- with the provisions of the Constitution on is authorized to report to the Senate a state- tered to the other Senators will make impeachment, and the Rules of Procedure ment of facts that are uncontested and a that fact known to the Chair so that and Practice in the Senate When Sitting on summary, with appropriate references to the the oath may be administered as soon Impeachment Trials, shall be printed under record, of evidence that the parties have in- as possible to that Senator. The Sec- the direction of the Secretary as a Senate troduced on contested issues of fact. document. SEC. 6. The actual and necessary expenses retary will note the names of the Sen- of the committee, including the employment ators who have been sworn and will SEC. 8. The provisions of this resolution shall govern notwithstanding any provisions of staff at an annual rate of pay, and the em- present to them for signing a book, to the contrary in the Rules of Procedure ployment of consultants with prior approval which will be the Senate’s permanent and Practice in the Senate When Sitting on of the Committee on Rules and Administra- record of the administration of the Impeachment Trials. tion at a rate not to exceed the maximum oath. I remind all Senators who were SEC. 9. The Secretary shall notify the daily rate for a standing committee of the administered this oath that they must House of Representatives of this resolution. Senate, shall be paid from the contingent now sign the oath book, which is at the fund of the Senate from the appropriation Mr. REID. Mr. President, I move to account ‘‘Miscellaneous Items’’ upon vouch- desk, before leaving the Chamber. reconsider the vote by which the reso- ers approved by the chairman of the com- f lution was agreed to. mittee, except that no voucher shall be re- Mr. MCCONNELL. Mr. President, I PROVIDING FOR ISSUANCE OF A quired to pay the salary of any employee move to lay the motion on the table. who is compensated at an annual rate of pay. SUMMONS AND FOR RELATED Without objection, the motion to lay SEC. 7. The Committee appointed pursuant PROCEDURES CONCERNING THE upon the table was agreed to. to section one of this resolution shall termi- ARTICLES OF IMPEACHMENT nate no later than 45 days after the pro- AGAINST JUDGE SAMUEL B. f nouncement of judgment by the Senate on KENT PROVIDING FOR THE APPOINT- the articles of impeachment. SEC. 8. The Secretary shall notify the Mr. REID. Mr. President, on behalf of MENT OF A COMMITTEE TO RE- CEIVE AND TO REPORT EVI- House of Representatives and counsel for myself and the distinguished Repub- Judge Samuel B. Kent of this resolution. DENCE WITH RESPECT TO ARTI- lican leader, Mr. MCCONNELL, I send to Mr. REID. Mr. President, I move to CLES OF IMPEACHMENT the desk a resolution that provides for reconsider the vote by which the reso- AGIANST JUDGE SAMUEL B. the issuance of a summons to Judge lution was agreed to. KENT Samuel B. Kent, for Judge Kent’s an- Mr. MCCONNELL. Mr. President, I swer to the Articles of Impeachment Mr. REID. Mr. President, on behalf of move to lay that motion on the table. against him, and for a replication by myself and the distinguished Repub- Without objection, the motion to lay the House, and ask for its immediate lican leader, Mr. MCCONNELL, I send a upon the table was agreed to. consideration. resolution to the desk on the appoint- f The ACTING PRESIDENT pro tem- ment of an impeachment trial com- pore. The clerk will report the resolu- mittee and ask for its immediate con- APPOINTMENT OF IMPEACHMENT tion by title. sideration. TRIAL COMMITTEE The legislative clerk read as follows: The ACTING PRESIDENT pro tem- Mr. REID. Mr. President, in accord- A resolution (S. Res. 202) to provide for pore. The clerk will report the resolu- ance with the resolution on the ap- issuance of a summons and for related proce- tion by title. pointment of an impeachment trial dures concerning the articles of impeach- The legislative clerk read as follows: committee, I recommend to the Chair ment against Samuel B. Kent. A resolution (S. Res. 203) to provide for the the appointment of Senators The ACTING PRESIDENT pro tem- appointment of a committee to receive and MCCASKILL (chairman), KLOBUCHAR, pore. The question is on agreeing to to report evidence with respect to the arti- WHITEHOUSE, UDALL of New Mexico, the resolution. cles of impeachment against Judge Samuel SHAHEEN, and KAUFMAN. The resolution (S. Res. 202) was B. Kent. The ACTING PRESIDENT pro tem- agreed to, as follows: The ACTING PRESIDENT pro tem- pore. The Republican leader is recog- pore. The question is on agreeing to S. RES. 202 nized. the resolution. Mr. MCCONNELL. Mr. President, in Resolved, That a summons shall be issued The resolution (S. Res. 203) was which commands Samuel B. Kent to file with accordance with the resolution on the the Secretary of the Senate an answer to the agreed to, as follows: appointment of an impeachment trial articles of impeachment no later than July S. RES. 203 committee, I recommend to the Chair 2, 2009, and thereafter to abide by, obey, and Resolved, That pursuant to Rule XI of the the appointment of Senators MARTINEZ perform such orders, directions, and judg- Rules of Procedure and Practice in the Sen- (vice-chairman), DEMINT, BARRASSO, ments as the Senate shall make in the prem- ate When Sitting on Impeachment Trials, WICKER, JOHANNS, and RISCH. ises, according to the Constitution and laws the Presiding Officer shall appoint a com- The ACTING PRESIDENT pro tem- of the United States. mittee of twelve senators to perform the du- pore. Pursuant to the resolution of an SEC. 2. The Sergeant at Arms is authorized ties and to exercise the powers provided for impeachment trial committee and im- to utilize the services of the Deputy Ser- in the rule. peachment rule XI, the Chair appoints, geant at Arms or another employee of the SEC. 2. The majority and minority leader Senate in serving the summons. shall each recommend six members and upon the recommendation of the two SEC. 3. The Secretary shall notify the chairman and vice chairman respectively to Leaders, the following Senators to be House of Representatives of the filing of the the Presiding Officer for appointment to the members of the committee to receive answer and shall provide a copy of the an- committee. and report evidence in the impeach- swer to the House. SEC. 3. The committee shall be deemed to ment of Judge Samuel B. Kent: Sen- SEC. 4. The Managers on the part of the be a standing committee of the Senate for ators MCCASKILL (chairman), House may file with the Secretary of the the purpose of reporting to the Senate reso- KLOBUCHAR, WHITEHOUSE, UDALL of Senate a replication no later than July 7, lutions for the criminal or civil enforcement 2009. of the committee’s subpoenas or orders, and New Mexico, SHAHEEN, KAUFMAN, MAR- SEC. 5. The Secretary shall notify counsel for the purpose of printing reports, hearings, TINEZ (vice-chairman), DEMINT, for Samuel B. Kent of the filing of a replica- and other documents for submission to the BARRASSO, WICKER, JOHANNS, and tion, and shall provide counsel with a copy. Senate under Rule XI. RISCH. VerDate Nov 24 2008 00:00 Jun 25, 2009 Jkt 079060 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 E:\CR\FM\A24JN6.006 S24JNPT1 smartinez on PROD1PC64 with SENATE S6962 CONGRESSIONAL RECORD — SENATE June 24, 2009 The majority leader. Mr. President, I rise in very strong Some have questioned Dean Koh for Mr. REID. Mr. President, the Com- support of the nomination of Dean Har- allegedly supporting suits against Bush mittee on Rules and Administration old Koh to be the Legal Adviser to the administration officials involved in will be providing its hearing room, SR– Secretary of State. This nomination is, abusive interrogation techniques. Well, 301, to the impeachment committee for in fact, overdue.