[Congressional Record Volume 155, Number 72 (Tuesday, May 12, 2009)]
[House]
[Pages H5444-H5445]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]


  AUTHORIZING AND DIRECTING THE COMMITTEE ON THE JUDICIARY TO INQUIRE 
WHETHER THE HOUSE SHOULD IMPEACH SAMUEL B. KENT, A JUDGE OF THE UNITED 
        STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF TEXAS

  Ms. SLAUGHTER. Madam Speaker, I ask unanimous consent that the 
Committee on Rules be discharged from further consideration of H. Res. 
424 and ask for its immediate consideration in the House.
  The Clerk read the title of the resolution.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentlewoman from New York?
  There was no objection.
  The text of the resolution is as follows:

                              H. Res. 424

       Resolved, That the Committee on the Judiciary shall inquire 
     whether the House should impeach Samuel B. Kent, a judge of 
     the United States District Court for the Southern District of 
     Texas.
       Sec. 2.  The Committee on the Judiciary or any subcommittee 
     or task force designated by the Committee may, in connection 
     with the inquiry under this resolution, take affidavits and 
     depositions by a member, counsel, or consultant of the 
     Committee, pursuant to notice or subpoena.
       Sec. 3. (a) For the purpose of the inquiry under this 
     resolution, the Committee on the Judiciary is authorized to 
     require by subpoena or otherwise--
       (1) the attendance and testimony of any person (including 
     at a taking of a deposition by counsel or consultant of the 
     Committee); and
       (2) the production of such things;
     as it deems necessary to such inquiry.
       (b) The Chairman of the Committee on the Judiciary, after 
     consultation with the Ranking Member, may exercise the 
     authority of the Committee under subsection (a).
       (c) The Committee on the Judiciary may adopt a rule 
     regulating the taking of depositions by a member, counsel, or 
     consultant of the Committee, including pursuant to subpoena.

  Mr. DREIER. Madam Speaker, as you know this resolution authorizes the 
Committee on the Judiciary to undertake an investigation to determine 
whether Samuel Kent should be impeached. I know that we are all 
appalled by the behavior that led to Judge Kent's guilty plea, and can 
agree that moving forward with an eye to removing him from the bench is 
the right thing to do.
  While we have no objection to most of the resolution, I note that 
section 3(c) authorizes staff deposition authority, something we have 
been consistently concerned about due to the potential for abuse. My 
understanding is that the Judiciary Committee intends tomorrow to adopt 
a resolution putting in place the same safeguards on staff deposition 
authority that they currently have in place for their investigation 
into Judge Porteous. Those rules follow the model rules suggested by 
the Rules Committee and contain adequate protections for the Minority.
  I am inserting the text of the relevant resolutions for the Record.
  Our agreement to this unanimous consent request is dependent on the 
commitment from the Judiciary Committee that they will extend their 
existing rules on staff deposition authority to this investigation 
before engaging in staff depositions. Without similar assurances in the 
future, we will oppose efforts to grant unelected staff unfettered 
deposition authority.

                               Resolution

       Resolved,

     SECTION 1. ESTABLISHMENT OF TASK FORCE.

        There is hereby established in the House Committee on the 
     Judiciary (hereinafter referred to as the ``Committee'') a 
     task force (hereinafter referred to as the ``Task Force'') to 
     conduct an inquiry into whether United States District Judge 
     G. Thomas Porteous should be impeached.

     SEC. 2. FUNCTIONS.

        The Task Force shall conduct such hearings and 
     investigations relating to the inquiry described in section 1 
     as the Chairman of the Committee, in consultation with the 
     Ranking Minority Member of the Committee, determines to be 
     warranted.

     SEC. 3. MEMBERSHIP.

        The members of the Task Force shall be chosen from among 
     the members of the Committee as follows:
       (1) 7 members shall be chosen by the Chairman of the 
     Committee.
       (2) 5 members shall be chosen by the Ranking Minority 
     Member of the Committee.

     SEC. 4. CHAIRMAN; RANKING MINORITY MEMBER.

       The Chairman of the Committee shall designate one member of 
     the Task Force to be the Chair of the Task Force. The Ranking 
     Minority Member of the Committee shall designate one member 
     of the Task Force to be the Ranking Minority Member of the 
     Task Force.

     SEC. 5. AUTHORITY AND PROCEDURES.

       (a) In General.--Except as otherwise provided in this 
     resolution, the Rules of the House of Representatives 
     applicable to standing committees and the rules of the 
     Committee shall govern the Task Force.
       (b) Deposition Authority.--
       (1) Chairman may order.--The Chairman of the Committee, 
     upon consultation with the Ranking Minority Member of 
     Committee, may order the taking of depositions, under oath 
     and pursuant to notice or subpoena. Consultation with the 
     Ranking Minority Member shall include three business days 
     written notice before any deposition is taken. All members of 
     the Task Force shall also receive three business days written 
     notice that a deposition has been scheduled.
       (2) Mode for taking.--Notices for the taking of depositions 
     shall specify the date, time, and place of examination. 
     Depositions shall be taken under oath administered by a 
     member of the Task Force or a person otherwise authorized to 
     administer oaths. The individual administering the oath, if 
     other than a member, shall certify that the witness was duly 
     sworn. Witnesses may be accompanied at a deposition by 
     counsel to advise them of their rights. No one may be present 
     at depositions except members of the Task Force, Committee 
     staff or consultants designated by the Chairman or Ranking 
     Minority Member of the Committee, an official reporter, the 
     witness, and the witness's counsel. Observers or counsel for 
     other persons may not attend.
       (3) Conduct of deposition.--A deposition shall be conducted 
     by a member of the Task Force or by Committee staff or 
     consultants designated by the Chairman or Ranking Minority 
     Member of the Committee. Questions in the deposition shall be 
     propounded in rounds, unless the Chairman and Ranking 
     Minority Member of the Committee otherwise agree. A single 
     round shall not exceed 60 minutes per side, unless the 
     persons conducting the deposition agree to a different length 
     of questioning. When depositions are conducted by staff or 
     consultants, there shall be no more than two persons 
     permitted to question a witness per round, one to be 
     designated by the Chairman of the Committee and the other by 
     the Ranking Minority Member of the Committee. Other Committee 
     staff or consultants designated by the Chairman or Ranking 
     Minority Member of the Committee may attend, but may not pose 
     questions to the witness during that round. In each round, 
     the person designated by the Chairman of the Committee shall 
     ask questions first, and the person designated by the Ranking 
     Minority Member shall ask questions second.
       (4) Objections.--The Chairman of the Committee may rule on 
     any objections raised during a deposition, either during the 
     deposition or after the deposition has been concluded. If a 
     member of the Task Force appeals in writing the ruling of the 
     Chairman, the appeal shall be preserved for Committee 
     consideration. A witness that refuses to answer a question 
     after being directed to answer by the Chairman may be subject 
     to sanction, except that no sanctions may be imposed if the 
     ruling of the Chairman is reversed on appeal.
       (5) Transcription of testimony.--Committee staff and 
     designated consultants shall ensure that the testimony is 
     either transcribed or electronically recorded or both. If a 
     witness's testimony is transcribed, the witness or the 
     witness's counsel shall be afforded an opportunity to review 
     a copy. No later than five days thereafter, the witness may 
     submit suggested changes to the Chairman of the Committee. 
     Committee staff or designated consultants may make any 
     typographical and technical changes requested by the witness. 
     Substantive changes, modifications, clarifications, or 
     amendments to the deposition transcript submitted by the 
     witness must be accompanied by a letter signed by the witness 
     requesting the changes and a statement of the witness's 
     reasons for each proposed change. Any substantive changes, 
     modifications, clarifications, or amendments shall be 
     included as an appendix to the transcript conditioned upon 
     the witness signing the transcript. The transcriber shall 
     certify that the transcript is a true record of the 
     testimony, and the transcript shall be filed, together with 
     any electronic recording, with the clerk of the Committee in 
     Washington, DC. The Chairman and the Ranking Minority Member 
     of the Committee shall be provided with a copy of the 
     transcripts of the deposition at the same time. The Chairman 
     and Ranking Minority Member shall consult regarding the 
     release of depositions. If either objects in writing to a 
     proposed release of a deposition or a portion thereof, the 
     matter shall be promptly referred to the Committee for 
     resolution.
       (6) Deemed place of taking.--Depositions shall be 
     considered to have been taken in Washington, DC, as well as 
     the location in which actually taken, once filed there with 
     the clerk of the Committee for the Committee's use.
       (7) Requirement to provide copy of resolution to witness.-- 
     A witness shall not be required to testify unless the witness 
     has been provided with a copy of this resolution and the 
     resolution of the House of Representatives authorizing and 
     directing the Committee to make the inquiry described in 
     section 1.

     SEC. 6. EXPIRATION.

        The Task Force shall expire at the end of the 111th 
     Congress.

     SEC. 7. EFFECTIVE DATE.

       This resolution shall take effect on January 22, 2009.

[[Page H5445]]

                               Resolution

       Resolved, That the resolution adopted in the Committee 
     January 22, 2009, establishing the task force to conduct an 
     inquiry regarding the impeachment of Judge Porteous, is 
     amended as follows:
       (1) Section 1 is amended to read as follows:

     ``SECTION 1. ESTABLISHMENT OF TASK FORCE

       ``There is hereby established in the House Committee on the 
     Judiciary (hereinafter referred to as the ``Committee'') a 
     task force (hereby referred to as the ``Task Force'') to 
     conduct--
       ``(1) an inquiry into whether United States District Judge 
     G. Thomas Porteous should be impeached; and
       ``(2) an inquiry into whether United States District Judge 
     Samuel B. Kent should be impeached.''
       (1) Section 5(a) is amended to read as follows:
       ``(a) In General.--Except as otherwise provided in this 
     resolution, the Rules of the House of Representatives 
     applicable to the Committee on the Judiciary, the rules of 
     the Committee, and the authorities provided in House 
     Resolution 15 and House Resolution ___, shall govern the 
     inquiries conducted by the Task Force.''

  The resolution was agreed to.
  A motion to reconsider was laid on the table.

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