[Senate Document 111-20]
[From the U.S. Government Publishing Office]




111th Congress 2d Session        SENATE                S. Doc.
                                                        111-20
_______________________________________________________________________



                           PROCEEDINGS OF THE

                          UNITED STATES SENATE

                                 IN THE

                          IMPEACHMENT TRIAL OF

                        G. THOMAS PORTEOUS, JR.,

                      A JUDGE OF THE UNITED STATES

                         DISTRICT COURT FOR THE

                     EASTERN DISTRICT OF LOUISIANA

                                     



                December 8, 2010.--Ordered to be printed
                                     
    PROCEEDINGS OF THE UNITED STATES SENATE IN THE IMPEACHMENT TRIAL

OF G. THOMAS PORTEOUS, JR., A JUDGE OF THE UNITED STATES DISTRICT COURT

                 FOR THE EASTERN DISTRICT OF LOUISIANA




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111th Congress 
 2d Session                      SENATE                         S. Doc.
                                                                 111-20
_______________________________________________________________________

                                     


                           PROCEEDINGS OF THE

                          UNITED STATES SENATE

                                 IN THE

                          IMPEACHMENT TRIAL OF

                        G. THOMAS PORTEOUS, JR.,

                      A JUDGE OF THE UNITED STATES

                         DISTRICT COURT FOR THE

                     EASTERN DISTRICT OF LOUISIANA

                                     



                December 8, 2010.--Ordered to be printed
                                     
              IMPEACHMENT TRIAL COMMITTEE ON THE ARTICLES
                 AGAINST JUDGE G. THOMAS PORTEOUS, JR.

   CLAIRE MCCASKILL, Missouri, 
             Chairman
    ORRIN G. HATCH, Utah, Vice 
             Chairman

AMY KLOBUCHAR, Minnesota
SHELDON WHITEHOUSE, Rhode Island
TOM UDALL, New Mexico
JEANNE SHAHEEN, New Hampshire
EDWARD E. KAUFMAN, Delaware          JIM DeMINT, South Carolina
                                     JOHN BARRASSO, Wyoming
                                     ROGER WICKER, Mississippi
                                     MIKE JOHANNS, Nebraska
                                     JAMES E. RISCH, Idaho

                            COMMITTEE STAFF

 Derron R. Parks, Staff Director 
         and Chief Counsel
 Thomas L. Jipping, Deputy Staff 
 Director and Deputy Chief Counsel
        Justin Kim, Counsel
    Rebecca S. Seidel, Counsel
 Erin P. Johnson, Deputy Counsel 
          and Chief Clerk
 Lake Dishman, Professional Staff 
              Member

                  CONGRESSIONAL RESEARCH SERVICE STAFF

Susan Navarro Smelcer, Analyst on 
       the Federal Judiciary

                       SENATE LEGAL COUNSEL STAFF

 Morgan J. Frankel, Senate Legal 
              Counsel
Patricia Mack Bryan, Deputy Senate 
           Legal Counsel
 Grant R. Vinik, Assistant Senate 
           Legal Counsel
  Thomas E. Caballero, Assistant 
       Senate Legal Counsel2

                            ACKNOWLEDGMENTS

    The Committee gratefully acknowledges the high standard of 
professionalism and long hours of dedicated service of its staff. The 
Committee also expresses its appreciation to Lynden C. Armstrong, Chief 
Clerk of the Committee on Rules and Administration, and to the 
following staff of Committee members:

                      2STAFF OF COMMITTEE MEMBERS

   Senator MCCASKILL, Chairman, 
          Derron R. Parks
  Senator HATCH, Vice Chairman, 
         Thomas L. Jipping
  Senator KLOBUCHAR, Paige Herwig
Senator WHITEHOUSE, Stephen C. N. 
   Lilley and Justin G. Florence
 Senator UDALL, Matthew T. Nelson
Senator SHAHEEN, Thomas J. Maloney
   Senator KAUFMAN, Nhan Nguyen
   Senator DeMINT, Erica Suares
  Senator BARRASSO, Bryn Stewart
   Senator WICKER, Emily Ferris
 Senator JOHANNS, Sarah Novascone
    Senator RISCH, Jason Bohrer

                                INTERNS

         Christian Dibblee
          Timothy Holman
          Hannah Lockhart
           Annie Moulton
         Michael Naclerio
          Patrick Sadler
                             CONTENTS

_________________________________________________________________

 IMPEACHMENT PROCEEDINGS OF THE SENATE (INCLUDING ACTIONS SITTING AS A 
                         COURT OF IMPEACHMENT)

Order for Exhibiting Articles of Impeachment [156 Cong. Rec.          3
  S1562 (daily ed. March 15, 2010)].
Exhibition of Articles of Impeachment [156 Cong. Rec. S1644           4
  (daily ed. March 17, 2010)].
S. Res. 457, 111th Cong. 2d Sess., To provide for issuance of a       6
  summons and for related procedures concerning the articles of 
  impeachment against G. Thomas Porteous, Jr. (March 17, 2010).
S. Res. 458, 111th Cong. 2d Sess., To provide for the appointment     7
  of a committee to receive and to report evidence with respect 
  to articles of impeachment against Judge G. Thomas Porteous, 
  Jr. (March 17, 2010).
Message from the House announcing agreement on H.Res 1031 and         8
  H.Res. 1165 [156 Cong. Rec. S1669 (daily ed. March 17, 2010)].
Judge G. Thomas Porteous, Jr., Answer to the Articles of              9
  Impeachment [156 Cong. Rec. S2181 (daily ed. April 12, 2010)].
House Managers' Replication [156 Cong. Rec. S2357 (daily ed.         13
  April 15, 2010)].
Errata to the House Managers' Replication [156 Cong. Rec. S2529-     17
  S2530 (daily ed. April 21, 2010)].
House Managers' Amended Replication [156 Cong. Rec. S2601 (daily     19
  ed. April 22, 2010)].
Impeachment Trial Committee Rules [156 Cong. Rec. S5988-S5989        22
  (daily ed. July 19, 2010)].
Unanimous-Consent Agreement to file Impeachment Trial Committee      24
  report notwithstanding adjournment of the Senate [156 Cong. 
  Rec. S7910 (daily ed. November 15, 2010)].

   POST-TRIAL BRIEFS, CORRESPONDENCE AND MEMORANDA SUBMITTED BY THE 
                                PARTIES

Judge G. Thomas Porteous, Jr.'s Post-Trial Brief (October 29,        27
  2010).
House Managers' Post-Trial Brief (October 29, 2010)..............   222
Judge Porteous's Letter objecting to the House's Post-Trial Brief   381
  (November 3, 2010).
House Managers' Response Letter to Judge Porteous's Nov. 3rd        386
  Letter (November 5, 2010).
House Managers' Amended Post-Trial Brief (November 10, 2010).....   390
House Managers' Letter requesting clarification on final            548
  arguments (December 3, 2010).

FINAL ARGUMENT ON THE MERITS AND SENATE DISPOSITION OF THE ARTICLES OF 
                              IMPEACHMENT

Unanimous-Consent Agreement fixing date and time for final          553
  argument and deliberation on the Articles of Impeachment [156 
  Cong. Rec. S8552 (daily ed. December 6, 2010)].
Final Argument of the Parties on Motions and Questions from the     555
  Senate [156 Cong. Rec. S8559-S8574, S8576-S8595 (daily ed. 
  December 7, 2010)].
Senate Orders Re: Closed Deliberation [156 Cong. Rec. S8595         590
  (daily ed. December 7, 2010)].
Rollcall Vote on Judge Porteous's Motion to disaggregate the        591
  Articles of Impeachment [156 Cong. Rec. S8607-S8609 (daily ed. 
  December 8, 2010)].
Rollcall Votes on the Articles of Impeachment Against Judge G.      593
  Thomas Porteous, Jr. [156 Cong. Rec. S8609-S8611 (daily ed. 
  December 8, 2010)].
Rollcall Vote on the Disqualification of Judge Porteous from        593
  Holding any Office of Honor, Trust, or Profit under the United 
  States [156 Cong. Rec. S8609-S8611 (daily ed. December 8, 
  2010)].
Judgment of the United States Senate (December 8, 2010)..........   596
Order of the United States Senate (December 8, 2010).............   597

  STATEMENTS OF SENATORS REGARDING THE IMPEACHMENT TRIAL OF JUDGE G. 
                          THOMAS PORTEOUS, JR.

Authorization for Filing Statements in the Congressional Record     601
  Regarding the Impeachment Trial of Judge G. Thomas Porteous, 
  Jr. [156 Cong. Rec. S8608 (daily ed. December 8, 2010)].
Senator Claire McCaskill:
    Oral Statement Made by Senator McCaskill following the          602
      Rollcall Vote on Disqualification on December 8, 2010.
Senator Orrin Hatch:
    Oral Statement Made by Senator Hatch following the Rollcall     603
      Vote on Disqualification on December 8, 2010.
Joint Statement of Senator McCaskill and Senator Hatch...........   605
Senator Benjamin Cardin..........................................   608
Senator Carl Levin...............................................   609
Senator Jeff Bingaman............................................   609
Senator Sheldon Whitehouse.......................................   610
Senator Patrick Leahy............................................   612
Senator Tom Udall................................................   613
Senator Jeanne Shaheen...........................................   614
Senator Herb Kohl................................................   614
Senator Bill Nelson..............................................   615
Senator Christopher Coons........................................   616
Senator Jeff Sessions............................................   617

          OTHER PROCEEDINGS REGARDING THE PORTEOUS IMPEACHMENT

Senate Legal Counsel Application for Order Immunizing Testimony     621
  and Other Information Provided By Jacob Amato (July 23, 2010).
Order Immunizing Testimony and Other Information Provided By        643
  Jacob Amato (July 27, 2010).
Senate Legal Counsel Application for Order Immunizing Testimony     644
  and Other Information Provided By Robert Creely (July 23, 
  2010).
Order Immunizing Testimony and Other Information Provided By        666
  Robert Creely (July 27, 2010).
Senate Legal Counsel Application for Order Immunizing Testimony     667
  and Other Information Provided By Rhonda Danos (August 11, 
  2010).
Order Immunizing Testimony and Other Information Provided By        689
  Rhonda Danos (August 11, 2010).
Senate Legal Counsel Application for Order Immunizing Testimony     690
  and Other Information Provided By Leonard Levenson (August 11, 
  2010).
Order Immunizing Testimony and Other Information Provided By        712
  Leonard Levenson (August 11, 2010).
Senate Legal Counsel Application for Order Immunizing Testimony     713
  and Other Information Provided By Bruce Netterville (August 11, 
  2010).
Order Immunizing Testimony and Other Information Provided By        735
  Bruce Netterville (August 11, 2010).
Fifth Circuit Judicial Council Order extending Judge G. Thomas      736
  Porteous, Jr.'s suspension (September 8, 2010).
                                FOREWORD

    This volume completes the printing of the Senate's 
proceedings in the impeachment of G. Thomas Porteous, Jr., 
formerly a United States District Judge for the Eastern 
District of Louisiana. It brings together for the future use of 
the Senate, scholars, and the public those materials that have 
not been made readily available in other Senate publications. 
The purpose of this foreword is both to describe the contents 
of this volume and to identify the other Senate documents 
published in this impeachment proceeding in order to provide a 
full understanding of the documentary record.
    The House Managers exhibited to the Senate the Articles of 
Impeachment against Judge Porteous on March 17, 2010. The text 
of the Articles of Impeachment and the initial proceedings in 
the Senate upon exhibition of the articles are reprinted in 
this volume at pages 3-5. Judge Porteous's answer to the 
articles and the original House replication are reprinted at 
pages 9-16. An errata to the replication and the amended 
replication are reprinted at pages 17-23. The Articles of 
Impeachment, the answer, and the amended replication also 
appear in Senate Document 111-13 (2010), together with the 
Senate's procedural rules for impeachment proceedings and 
relevant constitutional provisions. On March 17, 2010, the 
Senate agreed to Senate Resolution 458, which provided for the 
appointment of an impeachment trial committee to conduct 
evidentiary proceedings. The Impeachment Trial Committee's 
proceedings from the consideration of Senate Resolution 458 
through the completion of the Committee's evidentiary hearings 
are reprinted in the multi-volume report of the Senate 
Impeachment Trial Committee on the Articles Against Judge G. 
Thomas Porteous, Jr.: Hearings Before the Senate Impeachment 
Trial Committee, Senate Hearing 111-691 (2010).
    Volume 1, Parts A and B of that hearing report contain the 
Committee's pretrial proceedings. Volumes 2A and 2B of Senate 
Hearing 111-691 contain the testimonial record of the 
Committee's evidentiary hearings, which occupied five days from 
September 13-21, 2010. Volume 3, Parts A-E reproduce some post-
trial filings and the exhibits admitted into evidence at the 
Committee's hearings.
    Senate Resolution 458 authorized the Committee to accompany 
its certified report of its evidentiary proceedings with a 
neutral summary of the evidence presented. Senate Report 111-
347 (2010), which the Committee filed with the Senate on 
November 16, 2010, is the Committee's certification of its 
record and summary of evidence. Following the completion of the 
Committee's proceedings, the parties filed briefs before the 
full Senate. These briefs are reprinted in this final volume at 
pages 527-549. The Senate heard oral argument by the parties on 
December 7, deliberated in closed session later that day, and 
voted on one motion of Judge Porteous's, the Articles of 
Impeachment, and on disqualification of Judge Porteous on 
December 8, 2010. The oral argument on the Senate floor is 
reprinted in this volume at pages 555-589, the Senate's votes 
are reproduced at pages 591-594, and the judgment of conviction 
and disqualification appears at page 596. The statements of 
thirteen Senators who filed public statements on their votes 
are printed at pages 602-618.
    This impeachment proceeding also generated applications to 
the district court for immunized testimony for witnesses. The 
papers filed there and the orders of the court are reprinted at 
pages 621-735.
    We hope that this final volume on the impeachment of Judge 
Porteous, together with the record that has been previously 
published, will contribute to an understanding of the 
significant issues which the parties and the Senate confronted 
in these proceedings.

                            CLAIRE McCASKILL,      
                                              Chairman,            
                            ORRIN G. HATCH         
                                              Vice-Chairman,       

                               Impeachment Trial Committee on the  
                         Articles Against Judge G. Thomas Porteous, Jr.

APRIL 2011


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