[Congressional Record Volume 156, Number 35 (Thursday, March 11, 2010)]
[House]
[Pages H1327-H1328]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
IMPEACHING JUDGE G. THOMAS PORTEOUS, JR.
Mr. CONYERS. Mr. Speaker, by direction of the Committee on the
Judiciary, I call up House Resolution 1031 and ask for its immediate
consideration.
The Clerk read the resolution, as follows:
H. Res. 1031
Resolved, That G. Thomas Porteous, Jr., a judge of the
United States District Court for the Eastern District of
Louisiana, 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 G. Thomas Porteous, Jr., a judge in the
United States District Court for the Eastern District of
Louisiana, in maintenance and support of its impeachment
against him for high crimes and misdemeanors.
article i
G. Thomas Porteous, Jr., while a Federal judge of the
United States District Court for the Eastern District of
Louisiana, engaged in a pattern of conduct that is
incompatible with the trust and confidence placed in him as a
Federal judge, as follows:
Judge Porteous, while presiding as a United States district
judge in Lifemark Hospitals of Louisiana, Inc. v. Liljeberg
Enterprises, denied a motion to recuse himself from the case,
despite the fact that he had a corrupt financial relationship
with the law firm of Amato & Creely, P.C. which had entered
the case to represent Liljeberg. In denying the motion to
recuse, and in contravention of clear canons of judicial
ethics, Judge Porteous failed to disclose that beginning in
or about the late 1980s while he was a State court judge in
the 24th Judicial District Court in the State of Louisiana,
he engaged in a corrupt scheme with attorneys, Jacob Amato,
Jr., and Robert Creely, whereby Judge Porteous appointed
Amato's law partner as a ``curator'' in hundreds of cases and
thereafter requested and accepted from Amato & Creely a
portion of the curatorship fees which had been paid to the
firm. During the period of this scheme, the fees received by
Amato & Creely amounted to approximately $40,000, and the
amounts paid by Amato & Creely to Judge Porteous amounted to
approximately $20,000.
Judge Porteous also made intentionally misleading
statements at the recusal hearing intended to minimize the
extent of his personal relationship with the two attorneys.
In so doing, and in failing to disclose to Lifemark and its
counsel the true circumstances of his relationship with the
Amato & Creely law firm, Judge Porteous deprived the Fifth
Circuit Court of Appeals of critical information for its
review of a petition for a writ of mandamus, which sought to
overrule Judge Porteous's denial of the recusal motion. His
conduct deprived the parties and the public of the right to
the honest services of his office.
Judge Porteous also engaged in corrupt conduct after the
Lifemark v. Liljeberg bench trial, and while he had the case
under advisement, in that he solicited and accepted things of
value from both Amato and his law partner Creely, including a
payment of thousands of dollars in cash. Thereafter, and
without disclosing his corrupt relationship with the
attorneys of Amato & Creely PLC or his receipt from them of
cash and other things of value, Judge Porteous ruled in favor
of their client, Liljeberg.
By virtue of this corrupt relationship and his conduct as a
Federal judge, Judge Porteous brought his court into scandal
and disrepute, prejudiced public respect for, and confidence
in, the Federal judiciary, and
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demonstrated that he is unfit for the office of Federal
judge.
Wherefore, Judge G. Thomas Porteous, Jr., is guilty of high
crimes and misdemeanors and should be removed from office.
article ii
G. Thomas Porteous, Jr., engaged in a longstanding pattern
of corrupt conduct that demonstrates his unfitness to serve
as a United States District Court Judge. That conduct
included the following: Beginning in or about the late 1980s
while he was a State court judge in the 24th Judicial
District Court in the State of Louisiana, and continuing
while he was a Federal judge in the United States District
Court for the Eastern District of Louisiana, Judge Porteous
engaged in a corrupt relationship with bail bondsman Louis M.
Marcotte, III, and his sister Lori Marcotte. As part of this
corrupt relationship, Judge Porteous solicited and accepted
numerous things of value, including meals, trips, home
repairs, and car repairs, for his personal use and benefit,
while at the same time taking official actions that
benefitted the Marcottes. These official actions by Judge
Porteous included, while on the State bench, setting,
reducing, and splitting bonds as requested by the Marcottes,
and improperly setting aside or expunging felony convictions
for two Marcotte employees (in one case after Judge Porteous
had been confirmed by the Senate but before being sworn in as
a Federal judge). In addition, both while on the State bench
and on the Federal bench, Judge Porteous used the power and
prestige of his office to assist the Marcottes in forming
relationships with State judicial officers and individuals
important to the Marcottes' business. As Judge Porteous well
knew and understood, Louis Marcotte also made false
statements to the Federal Bureau of Investigation in an
effort to assist Judge Porteous in being appointed to the
Federal bench.
Accordingly, Judge G. Thomas Porteous, Jr., has engaged in
conduct so utterly lacking in honesty and integrity that he
is guilty of high crimes and misdemeanors, is unfit to hold
the office of Federal judge, and should be removed from
office.
article iii
Beginning in or about March 2001 and continuing through
about July 2004, while a Federal judge in the United States
District Court for the Eastern District of Louisiana, G.
Thomas Porteous, Jr., engaged in a pattern of conduct
inconsistent with the trust and confidence placed in him as a
Federal judge by knowingly and intentionally making material
false statements and representations under penalty of perjury
related to his personal bankruptcy filing and by repeatedly
violating a court order in his bankruptcy case. Judge
Porteous did so by--
(1) using a false name and a post office box address to
conceal his identity as the debtor in the case;
(2) concealing assets;
(3) concealing preferential payments to certain creditors;
(4) concealing gambling losses and other gambling debts;
and
(5) incurring new debts while the case was pending, in
violation of the bankruptcy court's order.
In doing so, Judge Porteous brought his court into scandal
and disrepute, prejudiced public respect for and confidence
in the Federal judiciary, and demonstrated that he is unfit
for the office of Federal judge.
Wherefore, Judge G. Thomas Porteous, Jr., is guilty of high
crimes and misdemeanors and should be removed from office.
article iv
In 1994, in connection with his nomination to be a judge of
the United States District Court for the Eastern District of
Louisiana, G. Thomas Porteous, Jr., knowingly made material
false statements about his past to both the United States
Senate and to the Federal Bureau of Investigation in order to
obtain the office of United States District Court Judge.
These false statements included the following:
(1) On his Supplemental SF-86, Judge Porteous was asked if
there was anything in his personal life that could be used by
someone to coerce or blackmail him, or if there was anything
in his life that could cause an embarrassment to Judge
Porteous or the President if publicly known. Judge Porteous
answered ``no'' to this question and signed the form under
the warning that a false statement was punishable by law.
(2) During his background check, Judge Porteous falsely
told the Federal Bureau of Investigation on two separate
occasions that he was not concealing any activity or conduct
that could be used to influence, pressure, coerce, or
compromise him in any way or that would impact negatively on
his character, reputation, judgment, or discretion.
(3) On the Senate Judiciary Committee's ``Questionnaire for
Judicial Nominees'', Judge Porteous was asked whether any
unfavorable information existed that could affect his
nomination. Judge Porteous answered that, to the best of his
knowledge, he did ``not know of any unfavorable information
that may affect [his] nomination''. Judge Porteous signed
that questionnaire by swearing that ``the information
provided in this statement is, to the best of my knowledge,
true and accurate''.
However, in truth and in fact, as Judge Porteous then well
knew, each of these answers was materially false because
Judge Porteous had engaged in a corrupt relationship with the
law firm Amato & Creely, whereby Judge Porteous appointed
Creely as a ``curator'' in hundreds of cases and thereafter
requested and accepted from Amato & Creely a portion of the
curatorship fees which had been paid to the firm and also had
engaged in a corrupt relationship with Louis and Lori
Marcotte, whereby Judge Porteous solicited and accepted
numerous things of value, including meals, trips, home
repairs, and car repairs, for his personal use and benefit,
while at the same time taking official actions that
benefitted the Marcottes. As Judge Porteous well knew and
understood, Louis Marcotte also made false statements to the
Federal Bureau of Investigation in an effort to assist Judge
Porteous in being appointed to the Federal bench. Judge
Porteous's failure to disclose these corrupt relationships
deprived the United States Senate and the public of
information that would have had a material impact on his
confirmation.
Wherefore, Judge G. Thomas Porteous, Jr., is guilty of high
crimes and misdemeanors and should be removed from office.
Mr. CONYERS (during the reading). Mr. Speaker, I ask unanimous
consent that the resolution be considered as read.
The SPEAKER pro tempore (Mr. Jackson of Illinois). Is there objection
to the request of the gentleman from Michigan?
There was no objection.
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