CHARLES E. SCHUMER DEMOCRATIC LEADER
NEW your.

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WASHINGTON, DC 20510

December 15, 2019

The Honorable Mitch McConnell
Majority Leader

United States Senate
Washington, DC 20510

Dear Leader McConnell:

In a short time, the House of Representatives is expected to approve Articles of Impeachment
against President Donald J. Trump. In response to the House?s action, as you have noted, our
rules require the Senate to conduct a trial to consider and vote on the Articles of Impeachment.
This is an enormously weighty and solemn responsibility that was assigned to the Senate by the
Framers of the Constitution.

Senate Democrats believe strongly, and I trust Senate Republicans agree, that this trial must be
one that is fair, that considers all of the relevant facts, and that exercises the Senate?s ?sole
Power of Impeachment? under the Constitution with integrity and dignity. The trial must be one
that not only hears all of the evidence and adj udicates the case fairly; it must also pass the
fairness test with the American people. That is the great challenge for the Senate in the coming
weeks.

In keeping with the bipartisan spirit of the procedures adopted in the trial of President Clinton in
1999, and in order to advance what I believe are our shared objectives for the process in the trial
of President Trump, Senate Democrats propose the following provisions for your consideration
and in advance of our upcoming discussion. These provisions are modeled directly on the
language of the two resolutions that set forth the 1999 trial rules. The ?rst of those resolutions
passed the Senate by a vote of 100?0, and the second resolution, allowing House Managers to
call witnesses, passed with the support of all Senate Republicans.

Speci?cally, I propose that pro-trial housekeeping measures be adopted on Monday, January 6,
2020; that the swearing-in of the Chief Justice and Senators occur on Tuesday, January 2020;
that after a period for preparation and submission of trial briefs, the House Managers be
recognized on Thursday, January 9, 2020 to make their presentation for a period of not more than
24 hours, followed by the presentation by the President?s counsel, also for a period of not more
than 24 hours.

In the trial of President Clinton, the House Managers were permitted to call witnesses, and it is
clear that the Senate should hear testimony of witnesses in this trial as well. I propose, pursuant
to our rules, that the Chief Justice on behalf of the Senate issue subpoenas for testimony by the

following witnesses with direct knowledge of Administration. decisions regarding the delay in
security assistance funds to: the government of Ukraine. and thereq'uests for certain- investigations
"to be announced'hy the government :of Ukraine: Robert Blair Sehipr'Advisor to" the Acting.
W1111e: House Chief of Staff; Mick Mulvaney, Acting White Heuse Chief cf Staff; John Bolton
former National Security Adtdsor'; and Michael Du?ey, Associate Director for National Security,
Of?ce of Management a?nd- Budget 1111-111111- of these witnesses were asked to- testify 1n the
House impeachment inquiry but-did not. appear.

We would of course be open to hearing-the testimonyr of {additional witnesses having direct
knowledge ofthe-Administration?s decisions regarding the delay in security assistance, funds to
the government of Ukraineand the requests for?certain'investigations to be announced by the

. goit'ernrnentof Ukraine, counsel or House Managers identify such witnesses.

In order. to'ensurefthat'the' trial can be completed within a reaSonah'le period of time, I propose
that-the total time allotted" to testimony by each witness-be limited to not more than four-hours for
the House Managers andnot more than fOurj hours for the President?s counsel.

Ialso propose that the Senate issue subpoenas for a limited set-:ofdocuments that we believe. will
shed additional light on'the Adn?nistratio'n?s decisionsmaking regarding. the: delayvi'n security
assistance ?mding to Ukraineandits requests for certain investigations to be announced hy'the
government of Ukraine. This will her-a narrowly drawn requestlimite'd to electronic
conununications, memorandaand'related records of the relevant senior of?cials in the White
House-,- Of?ce of Managunient- and Budget; and Department of State. Ourunderstanding is that.
these reoords?have already been collected by the White HouSe counsel and counsel in the
so production in response to-th'e. Senate subpoenas should be neither
:burdensdme nontime-consuming.

In addition, I propose that as in 1999 there he a period .of not more than 1-6 hours equally divided
for Senators questions to the House Managers and President?s counsel and a period of not more
than 6 hours equally. divided between the House, Managers and President 5 counsel for ?nal
arguments.- Finally, I propose that. there heaperiod of not more than 24 hours for deliberations
by 'SenatorsjfolloWed by votes on the Articles of Impeachrnent.

we beli'eveall of this should be considered. mone' resolution. The issue of witnesses and
documents; which are the Ino'stimportant'i'ssues facing us, should be decided before Wc-moue
fc?rward with anypar-tc?f the trial.

We ibelievethis proposal, which is setforth in?greater detail in the] accompanying do.cun1ent,- will
allow for atrial in which. all of the facts can lee-considered fully and- fairly, and in- which ?nal
votes can be" taken within areasonahle period of time, without any unnecessary delay.
Ccndueting-the- trial accordingto this plan-wilt also allow the public to. have con?dence. 'i'nth'e
process and will 'denionstrate'that the Senate can puta'sid'e partisan "canoerns and ful?ll its
constitutional duty.

I look forward to discussing this plan with you and to working with you to ensure that the Senate
can rise to this critically important occasion.

Sincerely,

39L

Charles E. Schumer
United States Senator