Bill Summary
This resolution amends the rules of procedure and practice in the Senate when sitting on impeachment trials to ensure that witnesses and documents are made available to both parties in an impeachment trial of the President or Vice President. It establishes procedures for issuing subpoenas to obtain testimony and documents, and prohibits any resolutions or motions that would modify or be inconsistent with these rules. It also requires the Presiding Officer to rule on any assertions of privilege or immunity related to the production of evidence in an impeachment trial of the President or Vice President.
Possible Impacts
1. This legislation could affect people by providing them with access to important witnesses and documents in an impeachment trial of a President or Vice President. This could potentially impact the outcome of the trial and have significant implications for the individual being impeached as well as the entire country.
2. The legislation could also affect people by allowing Senators to raise a point of order if they believe a subpoena for testimony or documents should not be issued. This could give Senators an opportunity to voice their opinions and potentially influence the decision-making process.
3. Additionally, the legislation could affect people by limiting the ability to modify or waive certain rules and procedures in an impeachment trial. This could prevent any attempts to manipulate the trial in favor of one party, ensuring a fair and just process for all involved.
[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. Res. 501 Introduced in Senate (IS)]
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116th CONGRESS
2d Session
S. RES. 501
Amending the Rules of Procedure and Practice in the Senate When Sitting
on Impeachment Trials to ensure adequate access to witnesses and
documents in impeachment trials of a President or Vice President, and
for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
February 13, 2020
Mr. Merkley (for himself and Mr. Van Hollen) submitted the following
resolution; which was referred to the Committee on Rules and
Administration
_______________________________________________________________________
RESOLUTION
Amending the Rules of Procedure and Practice in the Senate When Sitting
on Impeachment Trials to ensure adequate access to witnesses and
documents in impeachment trials of a President or Vice President, and
for other purposes.
Resolved,
SECTION 1. WITNESSES AND DOCUMENTS IN IMPEACHMENT TRIALS OF A PRESIDENT
OR VICE PRESIDENT.
(a) In General.--The Rules of Procedure and Practice in the Senate
When Sitting on Impeachment Trials are amended by adding at the end the
following:
``XXVII. In an impeachment trial of the President or the Vice
President, upon whom the powers and duties of the Office of President
shall have devolved, each party may move to issue 1 or more subpoenas
to obtain testimony from witnesses. If the Presiding Officer determines
the testimony of a witness for whom a subpoena is sought is material
and relevant to the impeachment trial and not redundant, the Presiding
Officer, through the Secretary of the Senate, shall issue a subpoena
for the taking of testimony of the witness. A Senator may raise a point
of order that a subpoena for the taking of testimony of a witness
should not be issued. If a point of order is raised, the Presiding
Officer shall submit the point of order to a vote of the Senate without
debate. A vote under this Rule shall be taken in accordance with the
Standing Rules of the Senate.
``XXVIII. In an impeachment trial of the President or the Vice
President, upon whom the powers and duties of the Office of President
shall have devolved, each party may move to issue 1 or more subpoenas
to obtain documents. If the Presiding Officer determines the documents
for which a subpoena is sought are material and relevant to the
impeachment trial and not redundant, the Presiding Officer, through the
Secretary of the Senate, shall issue a subpoena requiring production of
the documents. A Senator may raise a point of order that a subpoena
requiring production of the documents should not be issued. If a point
of order is raised, the Presiding Officer shall submit the point of
order to a vote of the Senate without debate. A vote under this Rule
shall be taken in accordance with the Standing Rules of the Senate.
``XXIX. It shall not be in order to consider a resolution or motion
establishing procedures for an impeachment trial, or an amendment
thereto, that would modify, supersede, waive, or be inconsistent with
any portion of Rule VII, XXVII, or XXVIII.''.
(b) Evidentiary Questions.--Rule VII of the Rules of Procedure and
Practice in the Senate When Sitting on Impeachment Trials is amended--
(1) in the second sentence--
(A) by striking ``may rule'' and inserting ``shall
rule''; and
(B) by inserting ``, except in the impeachment
trial of the President or the Vice President, upon whom
the powers and duties of the Office of President shall
have devolved,'' before ``he may at his option''; and
(2) by adding at the end the following: ``In an impeachment
trial of the President or the Vice President, upon whom the
powers and the duties of the office of President shall have
devolved, the Presiding Officer shall rule on any assertion of
privilege or immunity in connection with the production of
testimony, documents, or other evidence.''.
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