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In order to move the process forward, the Committee sent the President 81 requests for admission which were to be answered in writing under oath. Letter from The Honorable Henry J. Hyde to The Honorable William Jefferson Clinton, November 5, 1998. Notwithstanding repeated requests, the White House did not submit its answers until after three weeks passed. Letter from Mr. David Kendall, Esq. to The Honorable Henry J. Hyde, November 27, 1998. Many on the Committee felt that the President's answers were evasive, misleading, and perjurious. His answers became the basis for the fourth article of impeachment.
On October 9, 1998, the Subcommittee on the Constitution held a hearing in which 19 legal and constitutional experts testified on the background and history of impeachment. The Background and History of Impeachment: Hearing before the Subcomm. On the Constitution, Comm. on the Judiciary, 105th Cong., 2nd Sess. (November 9, 1998). The purpose of the hearing was to hear from a diverse group of scholars regarding the constitutional standard of impeachment-“high crimes and misdemeanors.” The Committee also published two lengthy documents to assist Members with their research into impeachment. See Constitutional Grounds for Presidential Impeachment: Modern Precedents, House Comm. on the Judiciary, Comm. Print, Ser. No. 9, 105th Cong., 2nd Sess. (November 1998); Impeachment: Selected Materials, House Comm. on the Judiciary, Comm. Print, Ser. No. 10, 105th Cong., 2nd Sess. (November 1998).
On October 19, 1998, the Committee heard testimony from Independent Counsel Starr. Hearings on Impeachment Inquiry Pursuant to H. Res. 581: Hearing before the Comm. On the Judiciary, 105th Cong., 2nd Sess. (November 1, 1998). Judge Starr was invited after many. Democrats requested that he be called before the Committee. David Kendall, the President's private attorney, questioned Judge Starr for an hour. In all of his questioning, Mr. Kendall never once asked any questions relating to the evidence collected during the grand jury's investigation. On December 1, the Committee adduced testimony from various witnesses regarding the law of perjury. The Consequences of Perjury and Related Crimes: Hearing before the Comm. on the Judiciary, 105th Cong., 2nd Sess. (December 1, 1998). Two of the witnesses were women who were prosecuted for perjury arising out of civil cases which had many similarities to the Jones v. Clinton case. After several months of requesting the White House to submit witnesses, the White House notified the Committee on Friday, December 4, that they wished to call witnesses. This was after the Chairman had already announced that the Committee would consider articles of impeachment the following week. The Committee accommodated the White House's request, and held two days of hearings, including receiving testimony from White House Counsel Charles F.C. Ruff. Hearings on Impeachment Inquiry Pursuant to H. Res. 581: Hearing before the Comm. On the Judiciary, 105th Cong., 2nd Sess. (December 9, 1998). The Committee ordered printed Mr. Ruff's submission to the Committee. Submission by Counsel for President Clinton to the Committee on the Judiciary of the United States House of Representatives, House Comm. on the Judiciary, Comm. Print, Ser. No. 16, 105th Cong., 2nd Sess. (December 1998).
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Finally, on December 10, 11, and 12, 1998, the Committee considered and passed four articles of impeachment. The procedure used to consider the articles of impeachment were similar to and predicated upon the procedures used in 1974. Prior to the consideration of the articles, Rep. Sensenbrenner moved the resolution's favorable recommendation to the House. After the clerk of the Committee reported the resolution, the Committee approved Chairman Hyde's unanimous consent request that provided in pertinent part that "... the proposed articles shall be considered as read and open for amendment. Each proposed article and any additional article, if any, shall be separately voted upon, as amended, for the recommendation to the House, if any article has been agreed, the original motion shall be considered as adopted and the Chairman shall report to the House said resolution of impeachment, together with such articles as have been agreed to.” See House Committee on the Judiciary Business Meeting, at 3–6, December 10, 1998 (unofficial transcript). Four articles of impeachment were eventually adopted and ordered reported to the House.
A. VOTES OF THE COMMITTEE Pursuant to clause 2(1)(2)(B) of House rule XI, the results of each rollcall vote on an amendment or motion to report, together with the names of those voting for and against, are printed herein. The following roll call votes occurred during Committee deliberations on a resolution exhibiting articles of impeachment. Also included is a rollcall vote on a joint resolution sponsored by Rep. Boucher censuring President Clinton. Chairman Hyde allowed a vote on this joint resolution even though it was not germane to the articles of impeachment. 1. Rollcall No. 1–Amendment to Article I Offered by Rep. Rogan
An amendment was offered by Mr. Rogan to Article I of the Hyde resolution which inserted the words, “one or more of the following”. This language was inserted so that the statements that comprise the perjurious, false and misleading statements in the August 17, 1998 grand jury testimony of President William Jefferson Clinton did not have to include all the circumstances itemized in the paragraphs of Article I, but could relate to one or more of the following circumstances: statements related to the nature and details of his relationship with a subordinate government employee; prior perjurious, false and misleading testimony given in a federal civil rights action brought against him; prior false and misleading statements he allowed his attorney to make to a federal judge in that civil rights action; and his corrupt efforts to influence the testimony of witnesses and to impede the discovery of evidence. The amendment was adopted by a vote of 21 ayes to 16 nays.
ROLLCALL NO. 1 Subject: Amendment of Mr. Rogan to the Resolution Impeaching William Jefferson Clinton, President of the United States, for high crimes and misdemeanors. Article I, page 2, line 17, insert after “concerning" the following: “one or more of the following". Passed by a vote of 21 ayes to 16 noes.
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2. Rollcall No. 2—Article I
Article I states that President William Jefferson Clinton provided perjurious, false and misleading testimony to the federal grand jury regarding one or more of the following: (1) the nature of his relationship with Monica Lewinsky; (2) prior perjurious, false, and misleading testimony he gave in the Paula Jones civil rights case; (3) prior false and misleading statements he allowed his attorney, Bob Bennett, to make in the Paula Jones case; and (4) his efforts to influence the testimony of witnesses and to impede the discovery of evidence in the Paula Jones case. Article I was agreed to, as amended, by a vote of 21 ayes to 16 noes.
ROLLCALL NO. 2 Subject: Article I of the Resolution Impeaching William Jefferson Clinton, President of the United States, for high crimes and misdemeanors. Article I passed, as amended, by a vote of 21 ayes to 16 noes.
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3. Rollcall No. 3—Article II
Article II states that President William Jefferson Clinton provided perjurious, false and misleading testimony as part of the Paula Jones civil rights action brought against him: (1) in his sworn answers to written questions; and (2) in his January 17, 1998 deposition. Article II was agreed to by a vote of 20 ayes to 17 noes.
ROLLCALL NO. 3 Subject: Article II of the Resolution Impeaching William Jefferson Clinton, President of the United States, for high crimes and misdemeanors. Article II passed by a vote of 20 ayes to 17 noes.
4. Rollcall No. 4–Article III
Article III provides that President William Jefferson Clinton obstructed justice in an effort to delay, impede, cover up, and conceal the existence of evidence related to the Paula Jones civil rights case in the following instances: (1) On or about December 17, 1998, President Clinton encouraged Monica Lewinsky to submit a false written statement (affidavit) to the court; (2) On or about December 17, 1998, President Clinton encouraged Monica Lewinsky to give false testimony to the court; (3) On or about December 28, 1998, President Clinton helped in a plan to hide the gifts Monica Lewinsky gave him; (4) Beginning on or about December 7, 1998, and continuing through and including January 14, 1998, President Clinton intensified efforts and succeeded in getting Monica Lewinsky a job to prevent her truthful testimony; (5) On or about January 17, 1998, in his deposition in the Paula Jones civil rights case, President Clinton allowed his attorney, Bob Bennett, to make false and misleading statements about Monica Lewinsky's affidavit; (6) On or about January 18, and January 20–21, 1998, President Clinton made false and misleading statements to Betty Currie, a potential witness, to influence her testimony in the Paula Jones civil case; (7) On or about January 21, 23, and 26, 1998, President Clinton made false and misleading statements to Erskine Bowles, Bruce Lindsey and Sidney Blumenthal, potential witnesses in the criminal case, to influence their testimony. Article III was agreed to by a vote of 21 ayes to 16 noes.
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