What happened in the Senate on Monday night

Yesterday, President Donald Trump’s impeachment trial finally got underway in the Senate. Senators’ first order of business was to decide whether to adopt a package of supplementary rules (S. Res. 483) proposed by Majority Leader Mitch McConnell, R-Ky. S. Res. 483 provides additional structure to the proceedings beyond that outlined in the Rules of Procedure and Practice in the Senate When Sitting On Impeaching Trials.

McConnell made two last-minute modifications to S. Res. 483 to appease Republican senators who had expressed concern about provisions in the original proposal. According to reports, Susan Collins, R-Maine, and Rob Portman, R-Ohio, wanted to change the time McConnell’s proposal gave to parties on both sides to make their opening statements. McConnell’s original proposal gave each side 24 hours over two days to make its opening arguments. McConnell changed that to 24 hours over three days. McConnell also changed the language of his proposal to allow the House impeachment inquiry to be entered into the record (subject to hearsay objections).

Once S. Res. 483 was pending before the Senate, Minority Leader Chuck Schumer, D-NY, offered 11 amendments to it. Under Rule XXI of the Senate’s Impeachment Rules, each side was given up to one hour to speak in support or opposition of each amendment (up to two hours total on each amendment). At the end of the allotted debate time, McConnell moved to table (or defeat) every Schumer amendment. After disposing of all amendments, the Senate adopted S. Res. 483 (as modified) on a party-line vote (53-47).

Schumer Amendments

Schumer Amendment #1284

Directing the Chief Justice and the Secretary of the Senate to issue a subpoena to Acting White House Chief of Staff Mick Mulvaney commanding him to produce various documents related to the impeachment inquiry.

Tabled (53-47)

Schumer Amendment #1285

Directing the Chief Justice and the Secretary of the Senate to issue a subpoena to Secretary of State Mike Pompeo commanding him to produce various documents related to the impeachment inquiry.

Tabled (53-47)

Schumer Amendment #1286

Directing the Chief Justice and the Secretary of the Senate to issue a subpoena to the Acting Director of the Office of Management and Budget, Russ Vought, commanding him to produce various documents related to the impeachment inquiry.

Tabled (53-47)

Schumer Amendment #1287

Directing the Chief Justice and the Secretary of State to issue a subpoena for the testimony of Acting White House Chief of Staff Mick Mulvaney.

Tabled (53-47)

Schumer Amendment #1288

Directing the Chief Justice and the Secretary of the Senate to issue a subpoena to the Secretary of Defense, Mark Esper, commanding him to produce various documents related to the impeachment inquiry.

Tabled (53-47)

Schumer Amendment #1289

Directing the Chief Justice and the Secretary of the Senate to issue subpoenas for the testimony of Robert B. Blair and Michael P. Duffey

Tabled (53-47)

Schumer Amendment #1290

Requiring that any party that admits new evidence provide the opposing party with all other documents responsive to that subpoena.

Tabled (53-47) 

Schumer Amendment #1291

Directing the Chief Justice and the Secretary of State to issue a subpoena for the testimony of John Bolton. 

Tabled (53-47)

Schumer Amendment #1292

Reduces time for final arguments from four hours (equally divided) to two hours (equally divided) and changes the provision in S. Res. 483 stipulating that the Senate votes on whether to allow motions to subpoena documents or witnesses to stipulate that the Senate will vote on any such motions made by senators.

Tabled (53-47)

Schumer Amendment #1293

Giving the parties more time to file response to motions filed by the president and the House.

Tabled (52-48)

Collins broke with Republicans to vote against tabling the amendment. 

Schumer (for Van Hollen) Amendment #1294

Requiring the Presiding Office (Chief Justice) to rule on senators’ motions to subpoena documents and witnesses. The Presiding Office/Chief Justice is currently authorized to submit those questions directly to the Senate without having to first rule on them.

Tabled (53-47)

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Topics: Legislative Procedure