SPONSORED:

McConnell: Senate should stick with Clinton 'precedent' for Trump trial

Senate Majority Leader Mitch McConnellAddison (Mitch) Mitchell McConnellBiden leans on Obama-era appointees on climate Kentucky Republican committee rejects resolution urging McConnell to condemn Trump impeachment Calls grow for 9/11-style panel to probe Capitol attack MORE (R-Ky.) on Monday said the Senate should follow the "precedent" of then-President Clinton's 1999 impeachment trial as lawmakers debate the rules for President TrumpDonald TrumpNYT: Rep. Perry played role in alleged Trump plan to oust acting AG Arizona GOP censures top state Republicans McCain, Flake and Ducey Biden and UK prime minister discuss NATO, multilateralism during call MORE's proceeding.

McConnell, speaking from the Senate floor, warned that House Democrats were trying to get the chamber to "deviate from a unanimous bipartisan precedent set in the 1999 trial of President Clinton and write new rules for President Trump." 

"House Democrats' hunger to break on Senate precedents just like they broke their own precedents could not be more telling. But the Senate does not just bob along on the currents of every news cycle," McConnell said.

ADVERTISEMENT

He added that the "House may have been content to scrap their own norms to hurt President Trump, but that is not the Senate."

McConnell's comments come as he and Senate Minority Leader Charles SchumerChuck SchumerCapitol insurrection fallout: A PATRIOT Act 2.0? Schumer calls for DOJ watchdog to probe alleged Trump effort to oust acting AG Student loan forgiveness would be windfall for dentists, doctors and lawyers MORE (D-N.Y.) remain stalemated in their negotiations for the rules of Trump's trial. The talks could come to a head within days with Speaker Nancy PelosiNancy PelosiSunday shows preview: All eyes on Biden administration to tackle coronavirus Calls grow for 9/11-style panel to probe Capitol attack Do Democrats really want unity? MORE (D-Calif.) expected to transmit the articles as soon as this week.

McConnell has said he wants to pass two resolutions, similar to the Clinton trial. The first, passed at the outset of the trial, would establish the rules. A second resolution, passed after opening arguments and questions from senators, would determine which if any witnesses will be called.

Three witnesses gave closed-door depositions during the Clinton proceeding, though McConnell, who supported witnesses in 1999, has said he does not want witnesses as part of Trump's trial.

"The Senate has a unanimous bipartisan precedent for when to handle mid-trial questions such as witnesses — in the middle of the trial," McConnell said on Monday. "That was good enough for President Clinton, so it ought to be good enough for President Trump. Fair is fair."

ADVERTISEMENT

But Democrats want one resolution at the outset of the trial that tackles both the rules and a deal on specific witnesses. They've asked for four witnesses including former national security adviser John BoltonJohn BoltonPence, other GOP officials expected to skip Trump send-off NSA places former GOP political operative in top lawyer position after Pentagon chief's reported order After insurrection: The national security implications MORE, who said earlier Monday that he will testify if the Senate issues a subpoena. 

Without a broader deal between Schumer and McConnell, 51 senators will be able to determine the impeachment trial process, including if witnesses will be called.  

If McConnell could hold together most of his 53-member caucus he could pass the impeachment trial rules that he wants over the objections of Democrats. The impeachment trial is expected to be discussed at the Senate GOP's closed-door caucus lunch on Tuesday.  

Democrats need four GOP senators to side with them in order to call a witness or compel Ukraine-related documents. 

Sen. Susan CollinsSusan Margaret CollinsThe Hill's Morning Report - Biden's crisis agenda hits headwinds GOP senators say only a few Republicans will vote to convict Trump For Biden, a Senate trial could aid bipartisanship around COVID relief MORE (R-Maine) said last week that she is "open" to witnesses but that a decision on who, if anyone, should be called should wait until after initial arguments and senators are given a chance to ask questions.