[Congressional Record Volume 155, Number 111 (Wednesday, July 22, 2009)]
[Senate]
[Pages S7832-S7833]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




 DISMISSAL OF ARTICLES OF IMPEACHMENT AGAINST SAMUEL B. KENT, JUDGE OF 
  THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF TEXAS

  The PRESIDING OFFICER. Under the previous order, the Senate will 
convene as a Court of Impeachment in the trial of Samuel B. Kent, 
former United States District Judge for the Southern District of Texas.
  The Sergeant at Arms will make the proclamation.
  The Sergeant at Arms of the Senate, Terrance W. Gainer, made the 
proclamation, as follows:
  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, former Judge of the United States District Court for the 
Southern District of Texas.
  The PRESIDING OFFICER. The Secretary for the majority.
  The SECRETARY FOR THE MAJORITY. Mr. President, I announce the 
presence of the managers on the part of the House of Representatives to 
continue proceedings on behalf of the House concerning the impeachment 
of Samuel B. Kent, former Judge of the United States District Court for 
the Southern District of Texas.
  The PRESIDING OFFICER. The managers on the part of the House will be 
received and assigned 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 PRESIDING OFFICER. The majority leader of the Senate is 
recognized.
  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 to those Senators who were not in 
the Chamber while the Articles of Impeachment were presented.
  The PRESIDING OFFICER. Are there Senators who were not present?
  Senators shall now be sworn: Do you solemnly swear that in all things 
appertaining to the trial of the impeachment of Samuel B. Kent, former 
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.
  Mr. REID. The Secretary will note the names of the Senators who have 
been sworn today and will present to them for signing the book which is 
the Senate's permanent record of the administration of the oath.
  The following named Senators are recorded as having subscribed to the 
oath this day:
  Bennet
  Cochran
  Franken
  Roberts
  The PRESIDING OFFICER. The managers on the part of the House will now 
proceed.
  Representative SCHIFF. Mr. President, following the resignation of 
Judge Samuel B. Kent effective June 30, 2009, the House adopted the 
following resolution directing the managers to request on the part of 
the House that the Articles of Impeachment be dismissed, which, with 
the permission of the President of the Senate, I will read:

       H. Res. 661 in the House of Representatives, U.S., July 20, 
     2009.
       Resolved, That the managers on the part of the House of 
     Representatives in the impeachment proceedings now pending in 
     the Senate

[[Page S7833]]

     against Samuel B. Kent, formerly judge of the United States 
     District Court for the Southern District of Texas, are 
     instructed to appear before the Senate, sitting as a court of 
     impeachment for those proceedings, and advise the Senate 
     that, because Samuel B. Kent is no longer a civil officer of 
     the United States, the House of Representatives does not 
     desire further to urge the articles of impeachment hitherto 
     filed in the Senate against Samuel B. Kent.

  Mr. President, pursuant to the terms of the said resolution, the 
managers on the part of the House, by direction of the House of 
Representatives, respectfully request the Senate to discontinue the 
proceedings now pending against Samuel B. Kent, former Judge of the 
United States District Court for the Southern District of Texas.
  The PRESIDING OFFICER. The majority leader of the Senate.
  Mr. REID. Mr. President, as the Sergeant at Arms advised the Senate 
prior to the July 4 recess, following the service of the summons on 
Judge Kent by the Sergeant at Arms on June 24, 2009, Judge Kent 
tendered his resignation as a United States District Judge, effective 
June 30, 2009. At the direction of the Senate, the Secretary delivered 
Judge Kent's original statement of resignation to the President. On 
June 29, 2009, counsel to the President accepted Judge Kent's 
resignation on behalf of the President. The House of Representatives 
has now moved that the Senate dismiss the Articles of Impeachment.
  Mr. President, I have conferred with the distinguished Republican 
leader, Mr. McConnell, and with the distinguished Chairman and Vice 
Chairman of the Impeachment Trial Committee on the Articles Against 
Judge Samuel B. Kent appointed by the Senate, the Senator from 
Missouri, Mrs. McCaskill, and the Senator from Florida, Mr. Martinez. 
All are in agreement that, with the resignation of Judge Kent, the 
purposes of the House's prosecution of the Articles of Impeachment 
against Judge Kent have been achieved. Judge Kent is no longer serving 
on the Federal bench, and he has ceased drawing his judicial salary. It 
is agreed that no useful purpose would now be accomplished by 
proceeding further with the impeachment proceedings against Judge Kent.
  Accordingly, I now move that the Senate order that the Articles of 
Impeachment against former Judge Samuel B. Kent be dismissed and that 
the Secretary be directed to notify the House of Representatives of 
this order.
  The PRESIDING OFFICER. The question is on agreeing to the motion to 
dismiss the Articles of Impeachment.
  The motion was agreed to.
  Mr. REID. Mr. President, I move to reconsider the vote by which the 
motion was agreed to.
  Mr. McCONNELL. I move to lay that motion on the table.
  The motion to lay on the table was agreed to.
  Mr. REID. Mr. President, I wish to thank, on behalf of the entire 
Senate and the House of Representatives, the Chairman and Vice Chairman 
and all of the members of the Impeachment Trial Committee for their 
willingness to undertake this task. I ask unanimous consent that the 
Impeachment Trial Committee on the Articles Against Judge Samuel B. 
Kent be terminated.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. REID. That concludes the proceedings on the trial of the 
impeachment of Judge Samuel B. Kent. As such, I move that the Court of 
Impeachment stand adjourned sine die.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. REID. Mr. President, I note the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The legislative clerk proceeded to call the roll.
  Mr. McCONNELL. Mr. President, I ask unanimous consent that the order 
for the quorum call be rescinded.
  The ACTING PRESIDENT pro tempore. Without objection, it is so 
ordered.
  Mr. McCONNELL. Mr. President, I ask unanimous consent to proceed as 
in morning business.
  The ACTING PRESIDENT pro tempore. Without objection, it is so 
ordered.
  The ACTING PRESIDENT pro tempore. The Republican leader is 
recognized.
  (The remarks of Mr. McCONNELL pertaining to the introduction of S. 
1493 are located in today's Record under ``Statements on Introduced 
Bills and Joint Resolutions.'')
  The ACTING PRESIDENT pro tempore. The Senator from Illinois is 
recognized.

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