How often does the Senate meet in secret session the way they did during the impeachment trial? Will we ever find out what was said behind closed doors? Southgate, Michigan - 5/3/00

Since 1929, the Senate has held 47 secret sessions, including the ones this January 25 and 26, during President Clinton’s impeachment trial. Most of these closed door sessions have been held due to national security considerations, and a few, due to impeachments.

During a secret session there are quite a few individuals present, besides the Senators. Also present are the presiding officer (in this case, Chief Justice William Rehnquist), the Parliamentarian, the Journal Clerk, the Recorders of Debate (who take the stenographic minutes), the Sgt.-at-Arms and some security personnel, the Secretary of the Senate, the Secretary for the Majority party, the Secretary for the Minority party, and in the case of nominations or treaties, the Executive Clerk.

All of these employees sign an oath pledging they will keep what they heard secret. They are subject to job loss and congressional contempt sanctions if they violate this oath. If Senators reveal confidences from secret sessions, they could be subject to expulsion. However, this sanction has never been enforced -- even newspapers in the 19th century were able to publish extensive accounts of the Senate’s secret sessions, including exact quotes! Senate impeachment trial rules are silent on the subject of confidentiality; the regular rules of the Senate would have to be applied against a "leaking" Senator by motion of another Senator from the floor -- and that is a difficult scenario to imagine.

Full transcripts are kept of each secret session and are sealed and sent to the National Archives for storage, until the Senate votes to release all or parts of them. When national security or other classified information is part of the proceeding, the Senate has quickly released the declassified, sanitized portions of the transcript into the Congressional Record. After 20 years under seal, the "injunction of secrecy" is automatically lifted and the transcripts are made available to the public through the Archives, unless the Senate votes otherwise. In cases of classified information, the injunction of secrecy is lifted after 50 years.

Secret sessions for the Senate have only recently been seen as unusual. They were routine in both the Continental Congresses and during the Constitutional Convention. From 1789 through 1794, all Senate proceedings were held in secret. Public pressure led to a reversal of that practice for legislative deliberations. However, the Senate continued to consider executive business -- nominations and treaties -- in closed session.

From 1794-1929, the Senate voted on 100 occasions to close legislative deliberations. Then, in 1929, the Senate’s rules were changed to permit all deliberations, whether concerning legislation or executive business, to be held in open session. Since then, the Senate has been required to vote, by simple majority, to close the doors on any of its deliberations.

The Senate Historian’s Office has compiled a complete list of closed Senate sessions since 1929: