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Democrats Fear 2 Will Join GOP in Key Votes

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TIMES STAFF WRITER

With two key votes approaching in President Clinton’s impeachment trial, Senate Democrats fear that two of their own may break ranks to join Republicans, possibly helping to prolong the proceeding, Senate sources said Monday.

The two are Sens. Russell D. Feingold of Wisconsin and Bob Graham of Florida. Unlike many senators, they largely have kept their counsel during the impeachment trial, now in its third week.

But top Republican and Democratic aides Monday identified them as perhaps the most likely Democrats to cross over during the upcoming votes--one on a motion to dismiss the trial, offered Monday, the other on a motion to depose witnesses in the case, expected to be offered today.

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Votes on the two motions are most likely to come Wednesday.

Most senators and observers believe that the Democratic motion to dismiss will not obtain a simple majority of 51 needed to prevail. The Senate has 55 Republicans and 45 Democrats.

Vote to Call Witnesses Carries Air of Mystery

But the vote on whether to call witnesses is shaping up as something of a cliffhanger. If all 45 Democrats were to stay united, it would take only six Republican crossovers to move the trial to its final stage--deliberations on the two articles of impeachment, followed by votes on them.

A handful of GOP senators already have signaled their reluctance to call witnesses, but Feingold and Graham--virtually alone among Democrats--have not foreclosed backing the move.

In a statement released Monday night, Feingold said: “I have not made any final decisions about the case or about the need for witnesses.”

Graham echoed that thought in a brief interview.

Many Senate Democrats, as well as White House lawyers, have warned that the trial would be needlessly drawn out--perhaps by months--if witnesses are called.

The concern among Democrats about Feingold and Graham underscores the fact that the article of impeachment alleging obstruction of justice may pose a greater threat to Clinton than the other article, which alleges perjury.

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Reluctance to Discard Obstruction Allegation

Both Feingold and Graham have indicated in recent days a reluctance to dispense with the obstruction allegation.

“If we had a separate vote on the two articles, I would vote today to dismiss the perjury article. Obstruction of justice is what’s been giving me some trouble,” Graham said late last week.

Feingold may have tipped his hand Saturday, when he co-signed a letter with Sen. Susan Collins (R-Maine) urging Sen. Robert C. Byrd (D-W.Va.) to bifurcate his motion to dismiss the case, allowing for separate votes to dismiss each article. Byrd ignored their request.

Feingold and Collins also wrote in their letter that “a number of other senators from both sides of the aisle” share their concern.

Separately, Collins said over the weekend that she favors calling witnesses only on the obstruction of justice charge--in hopes that they can resolve conflicts in testimony.

“I wouldn’t be surprised that, on the motion to dismiss, we pick up a few Democrats,” one Senate Republican chief of staff said.

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One top Senate aide close to Feingold, 45, said that it “would not be out of the ballpark” to assume the senator may support deposing witnesses on the obstruction of justice charge.

Graham, 62, has been outspoken in condemning Clinton’s conduct in the Monica S. Lewinsky scandal.

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