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| JANUARY
20, 1999 1:08 PM FOR IMMEDIATE RELEASE CONTACT: Common Cause Jeff Cronin or John Anthony 202-736-5770 |
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| Common Cause Calls on Senate to Keep Impeachment Deliberations Open to Public View | ||||
| WASHINGTON
- January 20 - Common Cause today called on the United States Senate to conduct all
deliberations in the impeachment trial of President Clinton in open session
rather than behind closed doors.
In a letter to all Senators, Common Cause President Ann McBride urged Senators to vote for a motion to be proposed by Sens. Tom Harkin (D-Iowa) and Paul Wellstone (D-Minn.) which would change the existing impeachment rules to allow for open deliberations. Under the current Senate impeachment rules developed over 130 years ago for the impeachment trial of President Andrew Johnson, the Senate's deliberations would be conducted in private. A two-thirds vote is needed to change the existing rules to provide for public deliberations. "The work of the Senate must be conducted in public for
its decisions to command the respect of the public. If the Senate deliberates in secret, there will forever be lingering questions
about
what happened and why," McBride wrote. "But by opening your discussions to public view, you will have the best opportunity to
demonstrate that your decision was the product of a careful weighing of
the evidence in light of constitutional dictates, and the conscience of each
Member. We urge you not to shrink from the occasion by retreating behind
closed doors. Instead, this is an opportunity for the Senate to rise to the
occasion, as it has done before in our history." Dear Senator: An impeachment trial of a President is one of the most serious and important governmental proceedings undertaken by the Senate. In your deliberations in the trial now underway, you will debate whether -- for only the second time in American history -- the Senate should remove a sitting President from office. Because of the profound public importance of these proceedings, Common Cause urges you to support the motion to be proposed by Senators Tom Harkin (D-Iowa) and Paul Wellstone (D-Minn.) which would ensure that the deliberations of the Senate are open to public scrutiny. We take this position keenly aware of the gravity of your responsibility. Much depends not only on what decision the Senate makes, but also on how its makes this decision. The institutional integrity of the Senate is at stake. The Senate can achieve a moment of real statesmanship if it sets aside -- and is seen to set aside -- pettiness and partisanship in order to reach, not only a wise decision, but one made in the Senate's tradition of open and thoughtful debate. This cannot happen under the current rules, which will shut citizens out of key portions of the trial. Under these rules, witnesses will be questioned and lawyers will debate in open session, but Senators will speak their minds only in private, behind closed doors. The secrecy extends to deliberations about trial procedures, such as the calling of witnesses. The public will learn only how each Senator voted, not why. "In a democracy, the public has a right to know not only what the government decides, but why and by what process," President Gerald Ford noted in 1976. The Senate's final decision in the impeachment trial will be public, but American citizens will not know the two other key elements of open government -- the "why and by what process" this decision was reached. The work of the Senate must be conducted in public for its decisions to command the respect of the public. If the Senate deliberates in secret, there will forever be lingering questions about what happened and why. But by opening your discussions to public view, you will have the best opportunity to demonstrate that your decision was the product of a careful weighing of the evidence in light of constitutional dictates, and the conscience of each Member. We urge you not to shrink from the occasion by retreating behind closed doors. Instead, this is an opportunity for the Senate to rise to the occasion, as it has done before in our history. Although there are serious arguments in favor of the existing rules, the need for openness and accountability far outweighs those arguments: -- Some argue that the Senate functions as a jury, and jurors deliberate in secret. But as the Chief Justice's ruling last week made clear, the Senate is much more than a jury. Senators determine the law, not just the facts. Senators may make motions, submit questions to witnesses, and voice their opinions outside the Senate floor, speaking their mind freely to reporters. At bottom, the impeachment decision is not a vote taken by a sequestered jury, but a vote by the people's elected representatives on the people's business. Like any vote on public business, it should be debated in public. -- Some argue that Senators need to work in private to be able to forge bipartisan compromises, such as the unanimous consent agreement on the preliminary format for the impeachment trial. Ensuring the Senate debate is public, however, does not prevent Senators from holding similar caucuses in private, or stop Senate leaders from meeting together to develop bipartisan solutions. -- Some argue that TV coverage will tempt Senators to play to the cameras, indulging in highly charged partisan rhetoric. But this is a cynical view. Surely Senators can find the self-discipline to comport themselves well, even in the glare of media attention. We agree with The New York Times, which editorialized: "If openness drives senators towards partisanship or prolixity...let public scrutiny serve as the governor of their excesses." -- Some argue that the impeachment proceedings are unique, and in unique circumstances -- such as personnel matters or questions pertaining to sensitive defense information -- elected officials may meet in private. But it is difficult to recall any other proceeding in American history that has been more open to public scrutiny up until this point. All the impeachment proceedings in the House were public. The House voted to release the President's videotaped deposition before a grand jury, even though grand jury proceedings are always secret. Legislators have released testimony and documents gathered by the Independent Counsel, regardless of the sensitivity or explicitness of their contents. It is simply not credible to insist at this late juncture that the impeachment deliberations demand secrecy because of their unique nature. A two-thirds vote is needed to change these impeachment rules, but the Senate should act to do so. These rules -- developed over 130 years ago for the trial of President Andrew Johnson -- are an anachronism in 1999, a throwback to a very different time and a very different chamber. This veil of secrecy has no place in an American democracy at the dawn of the 21st Century. In this era of instantaneous mass communications, citizens properly consider openness in government one of their rights. Now C-SPAN carries congressional floor debates to Americans throughout the country. The Internet gives minute-by-minute updates on public affairs. E-mail links millions to their elected representatives. This access should not now be choked off by outdated and restrictive rules. Common Cause founder, John Gardner, may have put it best when he remarked in 1974: "Secrecy is fatal to accountability." Gardner's words remain true today. Senators are the public's elected representatives. Citizens, as participants in a democratic society, must be able to witness the Senate impeachment debate. The American public must be able to gauge the judgment, partisanship and wisdom of their Senators who will determine, for only the second time in American history, whether to remove an elected President from office. We strongly urge you to support the Harkin-Wellstone motion to ensure the Senate's deliberations on this important matter of state are not held in secret. Sincerely, Ann McBride -0- |
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