Senator John Warner (Republican - Virginia) Voting Record -- Impeachment Trial of William (Bill) Jefferson Clinton

Statement Taken From U.S. Senate Web Site February 25, 1999

Warner Impeachment Response -- February 12, 1999

Statement of United States Senator John Warner of Virginia on the
Trial of Impeachment of William Jefferson Clinton which
began January 7, 1999 and ended February 12, 1999

The citizen leaders who conceived and created our new government were the first to forewarn the people of their duties. As the delegates to the Constitutional convention left Independence Hall, the crowd that met them was anxious and concerned. One shouted out: "What have you given us?" To that question, Benjamin Franklin snapped, "a republic -- if you can keep it."

Mr. Franklin, may I say with deep humility, I have done my best. I have done what my conscience directs. I have done my duty to "keep" the republic.

America is the oldest continuously intact democratic republic in existence. All other forms of government existing in 1776 have been consigned to "the dustbin of history." By contrast, the American Republic prevails.

It is with profound sadness for our Nation that we are here today, as we have been for the past month, pursuant to our duty under the Constitution, to pass judgement on our President. For more than a year, the President has dragged this Nation through a scandal of his own making, compounded by his persistent denials.

It is for the future to judge, but this will stand as one of the most tragic chapters in the history of the Executive Branch. I have grave concerns about the accelerating effect that this terrible experience will have upon the growing cynical view of politics, politicians, and the making of public law and policy. What message does this chapter send to our able young people whom we are trying to encourage to enter public service?

Now to the process of impeachment where the Senate acts as a fact finding body. Generally speaking, courts use three burdens of proof in resolving disputes and rendering judgements: proof by a preponderance of the evidence; proof by clear and convincing evidence; and, proof beyond a reasonable doubt in criminal cases.

The Constitution is silent on the burden of proof to be used in an impeachment trial, thereby leaving to each Senator the freedom to establish their own standard.

To accord the President -- the Office of the Presidency and the Executive Branch -- the greatest degree of protection and fairness, I will strictly adhere to the highest level of proof. To find the President guilty on a count, I must be convinced that the weight of the evidence, "beyond a reasonable doubt," is the foundation for my votes.

My opinion is consistent with the protection given by the Constitution that removal from office requires a finding of violation of "high crimes," and, further, the Constitution and Senate Rule XXIII require no less than the highest vote count -- two-thirds present.

No matter how great my deep disappointment in President Clinton, as a person, he is entitled to the highest standard of due process, as is every other citizen.

Accordingly, I find that the weight of the evidence does not provide a basis to find the President guilty on Article I.

The President's own words, in both civil and criminal court proceedings, and his words to the Nation make him vulnerable to the charge of perjury. Reasonable minds may differ in my judgment, however, whether the weight of the evidence crosses the bar of "beyond a reasonable doubt."

The perjury charge is inextricably dependent on the depositions, affidavits and assertions of Ms. Lewinsky. In my view, she lacks legal credibility, as evidenced by her many conflicting actions and statements over a long period of time. Likewise, President Clinton, regrettably, lacks credibility. A colleague reminded me of a quote by Mark Twain who said: "The next best thing to a lie, is a true story no one will believe."

On Article II, obstruction of justice, I find that President Clinton is guilty as charged. I will vote to convict. In contrast to Article I, the weight of the evidence supporting Article II meets the standard of "beyond a reasonable doubt."

The rule of law separates this Nation from others. It binds our Nation together. It secures our "Life, Liberty, and the pursuit of Happiness." And who is the Chief Law Enforcement Officer? The President of the United States. In the 212 years of our Nations' history few Presidents, if any, have inflicted as much damage to America's Rule of Law. The President violated the pillar that supports the rule of law -- an oath.

And further, President Clinton used the power of the Office of the President, and the people working for him in that office, to obstruct the search for the truth, and deny due process in a court of law.

Just two years ago, on a freezing January day, I stood near the Chief Justice, on the west front of the Capitol, as the President took the oath of office. With hand upon the Bible, he swore to "faithfully" execute his Office, twice conferred to him by the power of the American people, and to "preserve, protect, and defend" our Constitution. He has failed.

What the President did, over the course of thirteen months, was to place his own personal interests above those of the Nation, above those of his family, above those of his staff, and above those of the law.

The effect of the President's actions run deeper, however. Having been in uniform twice, mine a modest military service, it was for me a great honor to serve with, and learn from, so many who gave a full measure of brave service. To the uniformed men and women of the U.S. Armed Forces, past and present, who have served beyond our shores in cause of freedom, often risking life and limb, our Commander in Chief is asking that he be judged by lower standards of conduct and accountability than he demands of you. This a commander must not do.

Of all the people in America deeply offended by President Clinton's actions, no group has been let down more than the men and women of the Armed Forces who serve under him, their Commander-in-Chief. But as the Nation begins its recovery, on this day those same men and women will be the first to go to the wounded President, as they are trained to care for their own, and continue to pledge their lives to protect this Nation. For we cannot allow, for a moment, any foreign Nation or hostile persons to become emboldened by the President's demonstrated weakness.

If the words atop our great Supreme Court, "Equal Justice Under Law," are to have the meaning intended, then I believe there is no recourse, but for this Senator, to hold the President accountable for his decisions and actions relating to Article II.

The criminal courts of America, in every state, are overburdened with dockets of pending cases. Our prisons are overcrowded. This is a tragic side of our otherwise bright and bountiful America.

Yet, in sharp contrast to these thousands of cases of wrongdoing, America has experienced but a mere handful of the trials which are the most serious in our land -- impeachment. How fortunate is our Nation that only two Presidents, one Senator, one Cabinet Secretary, and eleven federal judges in our 212 years have ever faced the charge of impeachment. The Senate, during my tenure, has convicted -- removed from office -- three federal judges for offenses comparable to those committed by our President.

Why so few? First, because men and women of integrity have been called to serve in their high offices. But they, like all citizens, are faced with ever-present temptations, the human frailties of mind and body. What stands as the guard against succumbing to violations of the public trust? I say the peril of impeachment. Therefore, let us not weaken that watchful eye.

Regrettably, our President was not deterred. It is for that reason that I must, and will, hold this President accountable, for to do otherwise weakens the provisions and precedents of Constitutional impeachment.

President Clinton is clearly guilty under Article II, provided the Senate holds him to the same high standards of accountability, truthfulness, and faithful discharge of oath, to which we have held those accused in previous impeachment trials. Three federal judges have been impeached during my twenty years in the Senate. I voted to convict in each case. To not, repeat not, hold the President to these same standards would be to lessen -- lessen substantially -- the deterrent provided by trial for impeachment. Each day federal judges hold in their power "Life, Liberty and pursuit of Happiness" for our citizens. The criminal justice system, more than any other part of our government, ensures those guarantees to all citizens. President Clinton has damaged the integrity of our system of justice. He must be held accountable under Article II.

Throughout this case, I remain mindful of the consequences of a total vote, two-thirds of the Senate, on any count, which would -- pursuant to the Constitution -- remove from office our President.

But I am confident that the day following the Senate final votes, the public will "get up," care for their needs, their family, go to work, take children to school, obey the laws of our Nation, then go home to a well-earned rest. Irrespective of whether President Clinton is removed or left in office, citizens will shoulder their responsibilities much like they did the day before.

But they will take greater charge of their affairs -- their destiny.

As Abraham Lincoln said, "If there is anything which it is the duty of the whole people to never entrust to any hands but their own -- that thing is the preservation of their own liberties and institutions." In our Republic, the people are the ultimate repository of our sovereignty, not the men and women in high offices of Government. Our Republic form of government, our Nation will survive whichever way the final votes tally. The people hold firmly in their hands the reins of democracy.

This tragic chapter, irrespective of the Senate's decision will weaken the President. America will go on alert. Why? Because America remains the world leader, in economic security and military security. Until our next election, the American people, singularly and in groups, must pull together to provide the missing strength. We will, like our forefathers, in tough times past, give the Nation the strength that this President can no longer give.

The Nation must join together the moment following the Senate votes. More than sixty years ago, in the middle the Great Depression, in the shadow of World War II, President Roosevelt stated:

"There is a mysterious cycle in human events. To some generations much is given. Of other generations
much is expected. This generation of Americans has a rendezvous with destiny."

Today, at another grave point in history, our rendezvous with destiny is to join together not unlike sixty years ago. The Nation needs our support; the President needs our support. Instantly.

This is why I oppose Senate action, subsequent to the conclusion of the trial, in the form of censure. The Constitution has specific guidance on impeachment but is silent on legislative censure. Could it be that our founding fathers thought it not worthy of mention in the Constitution as an alternative to impeachment, thinking that it would be a de-stabilizing precedent, or even a threat, to the delicate balance of powers between the branches of our government? I believe so.

Legislative censure is a form of punishment. Many of us believe, because of his conduct in this case, President Clinton is impervious to punishment. A censure process by the Senate only delays and impairs the ability of our people to join in healing. It further punishes us, our Nation, in the eyes of the world, which looks to us for leadership, if not their survival.

A seriously divided Nation, on this tragic issue of impeachment, must be allowed to rejoin without further delay, or impediment, by the Senate. There is even talk that if Senate pursues censure, the House of Representatives would likewise take up a censure resolution following the conclusion of this impeachment trial. The Nation has already paid a terrible price. The pain to our people must end!

The instinct of most politicians is political survival. This tragic situation brought on by the depravity of our President, and those who aided and abetted him, willingly or otherwise, has divided our Nation. I say to my colleagues there is no "compass" to guide you to political safety, so vote your conscience and leave your fate to the basic fairness and honesty of our people. If the polls say that 80% of the people believe our President lied, then such serious public censure far outweighs anything the Senate could devise.

As this trial began, I took an oath, along with all other Senators, given by the Chief Justice of the United States Supreme Court, requiring that:

"I solemnly swear that in all things appertaining to the trial of the impeachment of William Jefferson Clinton,
now pending, I will do impartial justice according to the Constitution and laws: So help me God."

Throughout, I have faithfully kept my oath. I have discharged that solemn responsibility, with honesty of conscience. John Warner
United States Senator

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Last updated: March 02, 1999; Version: 1.3