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1999 Trial vs. McConnell Rules

Mitch McConnell is trying to gaslight the American people. He wants us to believe that his ridiculously unfair, biased impeachment rules follow past precedent and he’s repeatedly lied that his procedures mirror the 1999 impeachment trial.

McConnell: “And all we are doing here is saying we are going to get started in exactly the same way that 100 senators agreed to 20 years ago.”

McConnell: “What was good enough for President Clinton in an impeachment trial should have been good enough for President Trump.”

That’s a lie. Here are the facts:

In 1999, the White House produced 90,000 pages of documents. Trump has produced none.

THEN: Clinton “has submitted written interrogatory answers, produced more than 90,000 pages of documents and other items, and provided information informally in a variety of ways.”

NOW: “Following President Trump’s categorical order, not a single document has been produced by the White House, the Office of the Vice President, the Office of Management and Budget, the Department of State, the Department of Defense, or the Department of Energy in response to 71 specific, individualized requests or demands for records in their possession, custody, or control. The subpoenas to federal departments and agencies remain in full force and effect.”

In 1999, nearly 100 witnesses had been interviewed, including the president. Trump has blocked 12 witnesses from testifying and tried to block 15 more.

THEN: “It was conducted by Starr along with more than two dozen lawyers and investigators, who interviewed nearly 100 witnesses and used the compulsory power of the grand jury to secure hundreds of hours of live testimony and tens of thousands of relevant documents. […] In the end, even Clinton himself testified and submitted a blood sample for DNA testing.”

NOW: “At President Trump’s direction, twelve current or former Administration officials refused to testify as part of the House’s impeachment inquiry, ten of whom did so in defiance of duly authorized subpoenas… the State Department, relying on President Trump’s order, attempted to block Ambassador Marie Yovanovitch from testifying, but she fulfilled her legal obligations by appearing at a deposition on October 11 and a hearing on November 15. More than a dozen current and former officials followed her courageous example by testifying at depositions and public hearings over the course of the last two months.”

In 1999, arguments from the prosecution and defense each took place over three days. McConnell’s rules will cram that all into two days each, potentially going deep into the night.

THEN: “Jan. 14: Thirteen House managers begin a three-day opening statement arguing to convict Clinton and remove him from office. Jan. 19: Clinton’s legal team begins its three-day opening statement.”

NOW: “Debate on the merits of the House case against Trump would not begin until 1 p.m. Wednesday and presumably could go past midnight. McConnell (R-Ky.) has portrayed his rules as similar to those the Senate adopted during the 1999 impeachment trial of President Clinton. Though the total number of hours is similar, the two-day limits were not imposed.”

Unlike the 1999 trial, McConnell’s rules wouldn’t allow evidence collected during the House impeachment inquiry to be automatically admitted to the record.

THEN: “When the Clinton trial opened, the Senate ‘admitted into evidence,’ printed and shared with senators all records generated by the House impeachment inquiry into Mr. Clinton.”

NOW: “Though the House’s evidence from the Trump impeachment inquiry would still be printed and shared with senators, it would only be formally considered by the Senate as part of its official record if a majority of senators voted to do so. That vote could only take place after the Senate decided whether to call witnesses and seek additional documents — that is, as the trial moves toward conclusion.”

Data and Research Manager: