[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.
____________________