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III
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 docu-
ments 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,
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SECTION 1. WITNESSES AND DOCUMENTS IN IMPEACH-
2
MENT TRIALS OF A PRESIDENT OR VICE
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PRESIDENT.
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(a) IN GENERAL.—The Rules of Procedure and Prac-
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tice in the Senate When Sitting on Impeachment Trials
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are amended by adding at the end the following:
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•SRES 501 IS
‘‘XXVII. In an impeachment trial of the President
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or the Vice President, upon whom the powers and duties
2
of the Office of President shall have devolved, each party
3
may move to issue 1 or more subpoenas to obtain testi-
4
mony from witnesses. If the Presiding Officer determines
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the testimony of a witness for whom a subpoena is sought
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is material and relevant to the impeachment trial and not
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redundant, the Presiding Officer, through the Secretary
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of the Senate, shall issue a subpoena for the taking of
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testimony of the witness. A Senator may raise a point of
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order that a subpoena for the taking of testimony of a
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witness should not be issued. If a point of order is raised,
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the Presiding Officer shall submit the point of order to
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a vote of the Senate without debate. A vote under this
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Rule shall be taken in accordance with the Standing Rules
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of the Senate.
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‘‘XXVIII. In an impeachment trial of the President
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or the Vice President, upon whom the powers and duties
18
of the Office of President shall have devolved, each party
19
may move to issue 1 or more subpoenas to obtain docu-
20
ments. If the Presiding Officer determines the documents
21
for which a subpoena is sought are material and relevant
22
to the impeachment trial and not redundant, the Presiding
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Officer, through the Secretary of the Senate, shall issue
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a subpoena requiring production of the documents. A Sen-
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•SRES 501 IS
ator may raise a point of order that a subpoena requiring
1
production of the documents should not be issued. If a
2
point of order is raised, the Presiding Officer shall submit
3
the point of order to a vote of the Senate without debate.
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A vote under this Rule shall be taken in accordance with
5
the Standing Rules of the Senate.
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‘‘XXIX. It shall not be in order to consider a resolu-
7
tion or motion establishing procedures for an impeach-
8
ment trial, or an amendment thereto, that would modify,
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supersede, waive, or be inconsistent with any portion of
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Rule VII, XXVII, or XXVIII.’’.
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(b) EVIDENTIARY QUESTIONS.—Rule VII of the
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Rules of Procedure and Practice in the Senate When Sit-
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ting on Impeachment Trials is amended—
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(1) in the second sentence—
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(A) by striking ‘‘may rule’’ and inserting
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‘‘shall rule’’; and
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(B) by inserting ‘‘, except in the impeach-
18
ment trial of the President or the Vice Presi-
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dent, upon whom the powers and duties of the
20
Office of President shall have devolved,’’ before
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‘‘he may at his option’’; and
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(2) by adding at the end the following: ‘‘In an
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impeachment trial of the President or the Vice
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President, upon whom the powers and the duties of
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the office of President shall have devolved, the Pre-
1
siding Officer shall rule on any assertion of privilege
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or immunity in connection with the production of
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testimony, documents, or other evidence.’’.
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Æ
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