[Congressional Record Volume 155, Number 96 (Wednesday, June 24, 2009)]
[Senate]
[Pages S6959-S6961]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
EXHIBITION OF ARTICLES OF IMPEACHMENT AGAINST SAMUEL B. KENT, JUDGE OF
THE U.S. DISTRICT COURT FOR THE SOUTHERN DISTRICT OF TEXAS
The SECRETARY FOR THE MAJORITY. Mr. President, I announce the
presence of the managers on the part of the House of Representatives to
conduct proceedings on behalf of the House concerning the impeachment
of Samuel B. Kent, Judge of the United States District Court for the
Southern District of Texas.
The ACTING PRESIDENT pro tempore. The managers on the part of the
House will be received and assigned to their seats.
The managers were thereupon escorted by the Sergeant at Arms of the
Senate, Terrance W. Gainer, to the well of the Senate.
The ACTING PRESIDENT pro tempore. The Sergeant at Arms will make a
proclamation.
The Sergeant at Arms, Terrance W. Gainer, made the proclamation, as
follows:
Hear ye! Hear ye! Hear ye! All persons are commanded to keep silent,
on pain of imprisonment, while the House of Representatives is
exhibiting to the Senate of the United States, articles of impeachment
against Samuel B. Kent, Judge of the United States District Court for
the Southern District of Texas.
The ACTING PRESIDENT pro tempore. The managers on the part of the
House will proceed.
Mr. Manager SCHIFF. Mr. President, the managers on the part of the
House of Representatives are present and
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ready to present the Articles of Impeachment, which have been preferred
by the House of Representatives against Samuel B. Kent, Judge of the
United States District Court for the Southern District of Texas.
The House adopted the following resolution which, with the permission
of the President of the Senate, I will read:
H. Res. 565
Resolved, That Mr. Schiff, Ms. Zoe Lofgren of California,
Mr. Johnson of Georgia, Mr. Goodlatte, and Mr. Sensenbrenner
are appointed managers on the part of the House to conduct
the trial of the impeachment of Samuel B. Kent, a judge of
the United States District Court for the Southern District of
Texas, that a message be sent to the Senate to inform the
Senate of these appointments, and that the managers on the
part of the House may exhibit the articles of impeachment to
the Senate and take all other actions necessary in connection
with preparation for, and conduct of, the trial, which may
include the following:
(1) Employing legal, clerical, and other necessary
assistants and incurring such other expenses as may be
necessary, to be paid from amounts available to the Committee
on the Judiciary under House Resolution 279, One Hundred
Eleventh Congress, agreed to March 31, 2009, or any other
applicable expense resolution on vouchers approved by the
Chairman of the Committee on the Judiciary.
(2) Sending for persons and papers, and filing with the
Secretary of the Senate, on the part of the House of
Representatives, any subsequent pleadings which they consider
necessary.
With the permission of the President of the Senate, I will now read
the articles of impeachment.
H. Res. 520
Resolved, That Samuel B. Kent, a judge of the United States
Court for the Southern District of Texas, is impeached for
high crimes and misdemeanors, and that the following articles
of impeachment be exhibited to the Senate:
Articles of impeachment exhibited by the House of
Representatives of the United States of America in the name
of itself and all of the people of the United States of
America, against Samuel B. Kent, a judge of the United States
District Court for the Southern District of Texas, in
maintenance and support of its impeachment against him for
high crimes and misdemeanors.
Article I
Incident to his position as a United States district court
judge, Samuel B. Kent has engaged in conduct with respect to
employees associated with the court that is incompatible with
the trust and confidence placed in him as a judge, as
follows:
(1) Judge Kent is a United States District Judge in the
Southern District of Texas. From 1990 to 2008, he was
assigned to the Galveston Division of the Southern District,
and his chambers and courtroom were located in the United
States Post Office and Courthouse in Galveston, Texas.
(2) Cathy McBroom was an employee of the Office of the
Clerk of Court for the Southern District of Texas, and served
as a Deputy Clerk in the Galveston Division assigned to Judge
Kent's courtroom.
(3) On one or more occasions between 2003 and 2007, Judge
Kent sexually assaulted Cathy McBroom, by touching her
private areas directly and through her clothing against her
will and by attempting to cause her to engage in a sexual act
with him.
Wherefore, Judge Samuel B. Kent is guilty of high crimes
and misdemeanors and should be removed from office.
Article II
Incident to his position as a United States district court
judge, Samuel B. Kent has engaged in conduct with respect to
employees associated with the court that is incompatible with
the trust and confidence placed in him as a judge, as
follows:
(1) Judge Kent is a United States District Judge in the
Southern District of Texas. From 1990 to 2008, he was
assigned to the Galveston Division of the Southern District,
and his chambers and courtroom were located in the United
States Post Office and Courthouse in Galveston, Texas.
(2) Donna Wilkerson was an employee of the United States
District Court for the Southern District of Texas.
(3) On one or more occasions between 2001 and 2007, Judge
Kent sexually assaulted Donna Wilkerson, by touching her in
her private areas against her will and by attempting to cause
her to engage in a sexual act with him.
Wherefore, Judge Samuel B. Kent is guilty of high crimes
and misdemeanors and should be removed from office.
Article III
Samuel B. Kent corruptly obstructed, influenced, or impeded
an official proceeding as follows:
(1) On or about May 21, 2007, Cathy McBroom filed a
judicial misconduct complaint with the United States Court of
Appeals for the Fifth Circuit. In response, the Fifth Circuit
appointed a Special Investigative Committee (hereinafter in
this article referred to as ``the Committee'') to investigate
Cathy McBroom's complaint.
(2) On or about June 8, 2007, at Judge Kent's request and
upon notice from the Committee, Judge Kent appeared before
the Committee.
(3) As part of its investigation, the Committee sought to
learn from Judge Kent and others whether he had engaged in
unwanted sexual contact with Cathy McBroom and individuals
other than Cathy McBroom.
(4) On or about June 8, 2007, Judge Kent made false
statements to the Committee regarding his unwanted sexual
contact with Donna Wilkerson as follows:
(A) Judge Kent falsely stated to the Committee that the
extent of his unwanted sexual contact with Donna Wilkerson
was one kiss, when in fact and as he knew he had engaged in
repeated sexual contact with Donna Wilkerson without her
permission.
(B) Judge Kent falsely stated to the Committee that when
told by Donna Wilkerson his advances were unwelcome no
further contact occurred, when in fact and as he knew, Judge
Kent continued such advances even after she asked him to
stop.
(5) Judge Kent was indicted and pled guilty and was
sentenced to imprisonment for the felony of obstruction of
justice in violation of section 1512(c)(2) of title 18,
United States Code, on the basis of false statements made to
the Committee. The sentencing judge described his conduct as
``a stain on the justice system itself''.
Wherefore, Judge Samuel B. Kent is guilty of high crimes
and misdemeanors and should be removed from office.
Article IV
Judge Samuel B. Kent made material false and misleading
statements about the nature and extent of his nonconsensual
sexual contact with Cathy McBroom and Donna Wilkerson to
agents of the Federal Bureau of Investigation on or about
November 30, 2007, and to agents of the Federal Bureau of
Investigation and representatives of the Department of
Justice on or about August 11, 2008.
Wherefore, Judge Samuel B. Kent is guilty of high crimes
and misdemeanors and should be removed from office.
Mr. President, the managers on the part of the House of
Representatives, by the adoption of the Articles of Impeachment which
have just been read to the Senate, do now demand that the Senate take
order for the appearance of the said Samuel B. Kent, to answer said
impeachment and do now demand his conviction, and appropriate judgment
thereon.
The ACTING PRESIDENT pro tempore. The majority leader.
Mr. REID. Mr. President, at this time, the oath should be
administered in conformance with article I, section 3, clause 6 of the
Constitution and the Senate's impeachment rules.
I move that the Senator from Kentucky, Mr. McConnell, be designated
by the Senate to administer the oath to the Acting President pro
tempore, the Senator from Hawaii, Mr. Inouye.
The ACTING PRESIDENT pro tempore. Without objection, it is so
ordered.
Mr. McCONNELL. Do you solemnly swear that in all things appertaining
to the trial of the impeachment of Samuel B. Kent, Judge of the United
States District Court for the Southern District of Texas, now pending,
you will do impartial justice according to the Constitution and laws,
so help you God?
The ACTING PRESIDENT pro tempore. I do.
Mr. REID. Mr. President, the oath shall now be administered by the
Presiding Officer to all Senators. This is an appropriate time for any
Senator who has cause to be excused from service in this impeachment to
make that fact known.
If there is no Senator who desires to be excused, I move that the
Presiding Officer, Mr. Inouye, administer the oath to Members of the
Senate.
The ACTING PRESIDENT pro tempore. Without objection, it is so
ordered.
Senators shall now be sworn. Will Senators all rise and raise your
hand.
Do you solemnly swear that in all things appertaining to the trial of
the impeachment of Samuel B. Kent, Judge of the United States District
Court for the Southern District of Texas, now pending, you will do
impartial justice according to the Constitution and laws, so help you
God?
SENATORS. I do.
The following named Senators are recorded as having subscribed to the
oath this day:
Alexander, Barrasso, Baucus, Begich, Bennett (Utah),
Bingaman, Bond, Boxer, Brown, Brownback, Bunning, Burr,
Burris, Cantwell, Cardin, Carper, Casey, Chambliss, Coburn,
Collins, Conrad.
Corker, Cornyn, Crapo, DeMint, Dodd, Durbin, Ensign, Enzi,
Feingold, Feinstein, Gillibrand, Graham, Grassley, Gregg,
Harkin, Hatch, Hutchison, Inhofe, Inouye, Isakson, Johanns,
Johnson.
Kaufman, Kerry, Klobuchar, Kyl, Landrieu, Lautenberg,
Leahy, Levin, Lieberman, Lincoln, Lugar, Martinez,
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McCain, McCaskill, McConnell, Menendez, Merkley, Mikulski,
Murkowski, Murray, Nelson (Nebraska), Nelson (Florida).
Reed (Rhode Island), Reid (Nevada), Risch, Rockefeller,
Sanders, Schumer, Sessions, Shaheen, Shelby, Snowe, Specter,
Stabenow, Tester, Thune, Udall (Colorado), Udall (New
Mexico), Vitter, Voinovich, Warner, Webb, Whitehouse, Wicker,
Wyden.
Mr. REID. Mr. President, any Senator who was not in the Senate
Chamber at the time the oath was administered to the other Senators
will make that fact known to the Chair so that the oath may be
administered as soon as possible to that Senator. The Secretary will
note the names of the Senators who have been sworn and will present to
them for signing a book, which will be the Senate's permanent record of
the administration of the oath. I remind all Senators who were
administered this oath that they must now sign the oath book, which is
at the desk, before leaving the Chamber.
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