[Congressional Record Volume 156, Number 39 (Wednesday, March 17, 2010)]
[Senate]
[Pages S1644-S1646]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




EXHIBITION OF ARTICLES OF IMPEACHMENT AGAINST G. THOMAS PORTEOUS, JR., 
 JUDGE OF THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF 
                               LOUISIANA

  Mr. REID. Mr. President, I ask unanimous consent that the Secretary 
inform the House of Representatives that the Senate is ready to receive 
the managers appointed by the House for the purpose of exhibiting 
Articles of Impeachment against G. Thomas Porteous, Jr., Judge of the 
United States District Court for the Eastern District of Louisiana, 
agreeably to the notice communicated to the Senate, and at the hour of 
2 p.m., today, Wednesday, March 17, 2010, the Senate will receive the 
honorable managers on the part of the House of Representatives in order 
that they may present and exhibit the said Articles of Impeachment 
against the said G. Thomas Porteous, Jr., Judge of the United States 
District Court for the Eastern District of Louisiana.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. REID. Mr. President, I ask unanimous consent that the following 
counsel and staff of the House of Representatives be permitted the 
privileges of the floor during the proceedings with respect to the 
trial of the impeachment of Judge Porteous. They are as follows: 
Danielle Brown, Allison Halataei, Alan Baron, Harry Damelin, Mark 
Dubester, Kirsten Konar, Jessica Klein, Branden Ritchie, Michael Len, 
Phil Tahtakran, Ryan Clough, and Elisabeth Stein.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The Senate will be in order.
  I will now call upon the Secretary for the majority.
  The Secretary to the majority, Lula J. Davis, announced the presence 
of the House managers, as follows:
  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 G. Thomas

[[Page S1645]]

Porteous, Jr., Judge of the United States District Court for the 
Eastern District of Louisiana.
  The PRESIDING OFFICER. The managers on the part of the House will be 
received and assigned their seats.
  The managers (Mr. Schiff, Ms. Zoe Lofgren of California, Mr. Johnson 
of Georgia, Mr. Goodlatte, and Mr. Sensenbrenner) were thereupon 
escorted by the Sergeant at Arms of the Senate, Terrance W. Gainer, to 
the well of the Senate.
  The PRESIDING OFFICER. 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 G. Thomas Porteous, Jr., Judge of the United States District 
Court for the Eastern District of Louisiana.
  The PRESIDING OFFICER. 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 here present and ready to present the 
Articles of Impeachment, which have been preferred by the House of 
Representatives against G. Thomas Porteous, Jr., Judge of the United 
States District Court for the Eastern District of Louisiana.
  The House adopted the following resolution which, with the permission 
of the President of the Senate, I will read:

                              H. Res. 1165

       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 G. Thomas Porteous, Jr., a 
     Judge for the United States District Court for the Eastern 
     District of Louisiana, 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 15, One Hundred 
     Eleventh Congress, agreed to January 13, 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.
                                                     Nancy Pelosi,
                          Speaker of the House of Representatives.

  With the permission of the President of the Senate, I will now read 
the Articles of Impeachment.

                              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 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.

[[Page S1646]]

                               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.
                                                     Nancy Pelosi,
                          Speaker of the House of Representatives.

  Mr. President, the House of Representatives by protestation, saving 
to themselves the liberty of exhibiting at any time hereafter any 
further articles of accusation or impeachment against the said G. 
Thomas Porteous, Jr., Judge of the United States District Court for the 
Eastern District of Louisiana, and also of replying to his answers 
which he shall make unto the articles preferred against him, and of 
offering proof to the same and every part thereof, and to all and every 
other article of accusation or impeachment which shall be exhibited by 
them as the case shall require, do demand that the said G. Thomas 
Porteous, Jr., may be put to answer the misdemeanors in office which 
have been charged against him in the articles which have been exhibited 
to the Senate, and that such proceedings, examinations, trials, and 
judgments may be thereupon had and given as may be agreeable to law and 
justice.
  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 G. Thomas Porteous, Jr., to answer 
said impeachment and do now demand his conviction and appropriate 
judgment thereon.
  The PRESIDING OFFICER. 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 
of the United States 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 Presiding Officer of the Senate, the 
Senator from Hawaii, Mr. Inouye.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. McCONNELL. Do you solemnly swear that in all things appertaining 
to the trial of the impeachment of G. Thomas Porteous Jr., Judge of the 
United States District Court for the Eastern District of Louisiana, now 
pending, you will do impartial justice according to the Constitution 
and laws, so help you God?
  Mr. INOUYE. 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 administer the oath to Members of the Senate.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Senators shall now be sworn. Will Senators rise and raise your hand.
  Do you solemnly swear that in all things appertaining to the trial of 
the impeachment of G. Thomas Porteous, Jr., Judge of the United States 
District Court for the Eastern District of Louisiana, 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:

         Daniel K. Akaka, Lamar Alexander, John Barrasso, Max 
           Baucus, Evan Bayh, Mark Begich, Michael Bennet, Jeff 
           Bingaman, Christopher S. Bond, Barbara Boxer, Scott 
           Brown of Massachusetts, Sherrod Brown of Ohio, Sam 
           Brownback, Jim Bunning, Richard Burr, Roland W. Burris, 
           Maria Cantwell, Benjamin L. Cardin, Thomas R. Carper, 
           Robert P. Casey, Jr., Saxby Chambliss, Tom Coburn, Thad 
           Cochran, Susan M. Collins, Kent Conrad, Bob Corker, 
           John Cornyn, Mike Crapo, Jim DeMint, Byron L. Dorgan, 
           Richard Durbin, John Ensign, Michael B. Enzi, Russell 
           D. Feingold, Dianne Feinstein, Al Franken, Kirsten E. 
           Gillibrand, Lindsey Graham, Chuck Grassley, Judd Gregg, 
           Kay R. Hagan, Tom Harkin, Orrin G. Hatch, Kay Bailey 
           Hutchison, James M. Inhofe, Daniel K. Inouye, Johnny 
           Isakson, Mike Johanns, Tim Johnson, Edward E. Kaufman, 
           John F. Kerry, Amy Klobuchar, Herb Kohl, Jon Kyl, Mary 
           L. Landrieu, Frank R. Lautenberg, George S. LeMieux, 
           Carl Levin, Joseph I. Lieberman, Blanche L. Lincoln, 
           Richard G. Lugar, John McCain, Claire McCaskill, Mitch 
           McConnell, Robert Menendez, Jeff Merkley, Barbara A. 
           Mikulski, Lisa Murkowski, Patty Murray, Ben Nelson of 
           Nebraska, Bill Nelson of Florida, Mark L. Pryor, Jack 
           Reed, Harry Reid, James E. Risch, Pat Roberts, John D. 
           Rockefeller IV, Bernard Sanders, Charles E. Schumer, 
           Jeff Sessions, Jeanne Shaheen, Richard C. Shelby, 
           Olympia J. Snowe, Arlen Specter, Debbie Stabenow, Jon 
           Tester, John Thune, Mark Udall of Colorado, Tom Udall 
           of New Mexico, David Vitter, George V. Voinovich, Mark 
           R. Warner, Jim Webb, Sheldon Whitehouse, Roger F. 
           Wicker.

  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 will 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.

                          ____________________