[Congressional Record Volume 156, Number 161 (Wednesday, December 8, 2010)]
[Senate]
[Pages S8607-S8611]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




              IMPEACHMENT OF JUDGE G. THOMAS PORTEOUS, JR.

  Mr. REID. Mr. President, I suggest the absence of a quorum.
  The ACTING PRESIDENT pro tempore. The clerk will call the roll.
  The assistant legislative clerk proceeded to call the roll and the 
following Senators entered the Chamber and answered to their names:

                             [Quorum No. 8]

     Akaka
     Alexander
     Barrasso
     Bayh
     Begich
     Bennet
     Bennett
     Bingaman
     Bond
     Boxer
     Brown (MA)
     Brown (OH)
     Bunning
     Burr
     Cantwell
     Cardin
     Casey
     Chambliss

[[Page S8608]]


     Coburn
     Cochran
     Collins
     Conrad
     Coons
     Corker
     Cornyn
     Crapo
     DeMint
     Dorgan
     Durbin
     Ensign
     Enzi
     Feingold
     Feinstein
     Franken
     Gillibrand
     Graham
     Grassley
     Gregg
     Hagan
     Harkin
     Inhofe
     Inouye
     Isakson
     Johanns
     Kerry
     Klobuchar
     Kohl
     Kyl
     Landrieu
     Leahy
     LeMieux
     Levin
     Lieberman
     Lugar
     Manchin
     McCain
     McCaskill
     McConnell
     Menendez
     Merkley
     Murkowski
     Murray
     Nelson (NE)
     Nelson (FL)
     Reed
     Reid
     Risch
     Roberts
     Schumer
     Shaheen
     Shelby
     Snowe
     Specter
     Tester
     Thune
     Udall (CO)
     Udall (NM)
     Vitter
     Voinovich
     Webb
     Whitehouse
     Wicker
     Wyden
  Mr. REID. Mr. President, is a quorum present?
  The PRESIDENT pro tempore. A quorum is present. Senators will be 
seated.


                          Court of Impeachment

  Under the previous order, a quorum having been established, the 
Senate will resume its consideration of the Articles of Impeachment 
against Judge G. Thomas Porteous, Jr.
  (The House Managers, Judge Porteous, and counsel proceeded to the 
seats assigned to them in the well of the Chamber.)
  The PRESIDENT pro tempore. The Sergeant at Arms will make the 
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 PRESIDENT pro tempore. The majority leader.
  Mr. REID. Mr. President, the Senate deliberated yesterday evening for 
a long time on the Articles of Impeachment against Judge Porteous and 
related motions. We meet today to vote on the articles.
  Before proceeding to vote on each of the articles, however, the 
Senate has agreed to vote on a motion that notwithstanding impeachment 
rule No. XXIII, the Senate shall disaggregate the Articles of 
Impeachment by holding preliminary votes on individual allegations in 
the articles.
  Can the Chair confirm, for the benefit of Senators, that a ``yes'' 
vote is a vote to disaggregate the articles sought by Judge Porteous 
and a ``no'' vote is a vote to proceed directly to voting on the four 
Articles of Impeachment.
  The PRESIDENT pro tempore. Before I proceed, will the panel be 
seated.
  The majority leader is correct. The Senate will now vote on the 
motion to disaggregate the articles. Granting the motion requires a 
majority of Senators present.


                     Vote on Motion to Disaggregate

  The question is on agreeing to the motion.
  The clerk will call the roll.
  The legislative clerk called the roll.
  Mr. DURBIN. I announce that the Senator from Delaware (Mr. Carper), 
the Senator from Connecticut (Mr. Dodd), the Senator from Arkansas 
(Mrs. Lincoln), and the Senator from Vermont (Mr. Sanders) are 
necessarily absent.
  Mr. KYL. The following Senator is necessarily absent: the Senator 
from Kansas (Mr. Brownback).
  The result was announced--yeas 0, nays 94, as follows:

                        [Rollcall Vote No. 260]

                                NAYS--94

     Akaka
     Alexander
     Barrasso
     Baucus
     Bayh
     Begich
     Bennet
     Bennett
     Bingaman
     Bond
     Boxer
     Brown (MA)
     Brown (OH)
     Bunning
     Burr
     Cantwell
     Cardin
     Casey
     Chambliss
     Coburn
     Cochran
     Collins
     Conrad
     Coons
     Corker
     Cornyn
     Crapo
     DeMint
     Dorgan
     Durbin
     Ensign
     Enzi
     Feingold
     Feinstein
     Franken
     Gillibrand
     Graham
     Grassley
     Gregg
     Hagan
     Harkin
     Hatch
     Hutchison
     Inhofe
     Inouye
     Isakson
     Johanns
     Johnson
     Kerry
     Klobuchar
     Kohl
     Kyl
     Landrieu
     Lautenberg
     Leahy
     LeMieux
     Levin
     Lieberman
     Lugar
     Manchin
     McCain
     McCaskill
     McConnell
     Menendez
     Merkley
     Mikulski
     Murkowski
     Murray
     Nelson (NE)
     Nelson (FL)
     Pryor
     Reed
     Reid
     Risch
     Roberts
     Rockefeller
     Schumer
     Sessions
     Shaheen
     Shelby
     Snowe
     Specter
     Stabenow
     Tester
     Thune
     Udall (CO)
     Udall (NM)
     Vitter
     Voinovich
     Warner
     Webb
     Whitehouse
     Wicker
     Wyden

             ABSENT, NOT VOTING, OR EXCUSED FROM VOTING--6

     Brownback
     Carper
     Dodd
     Kirk
     Lincoln
     Sanders
  The PRESIDENT pro tempore. The majority leader is recognized.
  Mr. REID. Mr. President, I move to reconsider that vote.
  Mr. McCONNELL. I move to lay that motion on the table.
  The motion to lay on the table was agreed to.
  The PRESIDENT pro tempore. The majority leader.
  Mr. REID. Mr. President, before proceeding to the final vote on the 
Articles of Impeachment, I ask unanimous consent that Senators may be 
permitted, within 7 days from today, to have printed in the Record 
opinions or statements explaining their votes and that the secretary be 
authorized to include these statements along with the record of the 
Senate's proceedings in a Senate document printed to complete the 
documentation of the Senate's handling of these impeachment 
proceedings.
  The PRESIDENT pro tempore. Hearing no objection, it is so ordered.
  The majority leader.
  Mr. REID. Mr. President, I remind all Senators to remain in their 
seats during voting on all four Articles of Impeachment. Under 
impeachment rule XXII, once we have begun voting on the first article, 
voting will proceed on each of the Articles of Impeachment. When their 
name is called, Senators shall rise from their seat and cast their 
vote. This will ensure that a decorum of the Senate is maintained while 
these grave proceedings are underway. These proceedings affect not only 
Judge Porteous but also the Senate and our system of government.
  The Chair will shortly instruct the Members of the Senate on the 
question to be put and the manner of response.
  The PRESIDENT pro tempore. The clerk will read the first Article of 
Impeachment.
  The legislative clerk read as follows:


                               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 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 and 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 and Creely amounted to approximately $40,000, and the 
     amounts paid by Amato and Creely to Judge Porteous amounted 
     to approximately $20,000.
       Judge Porteous also made intentionally misleading 
     statements at a recusal hearing intended to minimize the 
     extent of his personal relationship with the two attorneys. 
     In doing so, 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 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.

[[Page S8609]]

       Wherefore, Judge G. Thomas Porteous, Jr., is guilty of high 
     crimes and misdemeanors and should be removed from office.

  The PRESIDENT pro tempore. The Chair will read, for the benefit of 
everyone present in the Chamber, paragraph 6 of rule XIX of the 
Standing Rules of the Senate, which states as follows:

       Whenever confusion arises in the Chamber or the galleries, 
     or demonstrations of approval or disapproval are indulged in 
     by occupants of the galleries, it shall be the duty of the 
     Chair to enforce order on his own initiative and without any 
     point of order being made by a Senator.

  The Chair would deeply appreciate the cooperation of everyone in the 
Chamber and in the galleries in maintenance of order.


                           Vote on Article I

  The Chair reminds the Senate that each Senator, when his or her name 
is called, will stand in his or her place and vote guilty or not 
guilty. Under the Constitution, conviction requires a vote of two-
thirds present on any article.
  The question is on the first article.
  Senators, how say you? Is the respondent, G. Thomas Porteous, Jr., 
guilty or not guilty?
  The rollcall is automatic. The clerk will call the roll.
  The assistant legislative clerk called the roll.
  Mr. DURBIN. I announce that the Senator from Connecticut (Mr. Dodd) 
and the Senator from Arkansas (Mrs. Lincoln) are necessarily absent.
  Mr. KYL. The following Senator is necessarily absent: the Senator 
from Kansas (Mr. Brownback).
  The PRESIDENT pro tempore. Are there any other Senators in the 
Chamber desiring to vote?
  The result was announced--guilty 96, not guilty 0, as follows:

                        [Rollcall Vote No. 261]

                               GUILTY--96

     Akaka
     Alexander
     Barrasso
     Baucus
     Bayh
     Begich
     Bennet
     Bennett
     Bingaman
     Bond
     Boxer
     Brown (MA)
     Brown (OH)
     Bunning
     Burr
     Cantwell
     Cardin
     Carper
     Casey
     Chambliss
     Coburn
     Cochran
     Collins
     Conrad
     Coons
     Corker
     Cornyn
     Crapo
     DeMint
     Dorgan
     Durbin
     Ensign
     Enzi
     Feingold
     Feinstein
     Franken
     Gillibrand
     Graham
     Grassley
     Gregg
     Hagan
     Harkin
     Hatch
     Hutchison
     Inhofe
     Inouye
     Isakson
     Johanns
     Johnson
     Kerry
     Klobuchar
     Kohl
     Kyl
     Landrieu
     Lautenberg
     Leahy
     LeMieux
     Levin
     Lieberman
     Lugar
     Manchin
     McCain
     McCaskill
     McConnell
     Menendez
     Merkley
     Mikulski
     Murkowski
     Murray
     Nelson (NE)
     Nelson (FL)
     Pryor
     Reed
     Reid
     Risch
     Roberts
     Rockefeller
     Sanders
     Schumer
     Sessions
     Shaheen
     Shelby
     Snowe
     Specter
     Stabenow
     Tester
     Thune
     Udall (CO)
     Udall (NM)
     Vitter
     Voinovich
     Warner
     Webb
     Whitehouse
     Wicker
     Wyden

             ABSENT, NOT VOTING, OR EXCUSED FROM VOTING--4

     Brownback
     Dodd
     Kirk
     Lincoln
  The PRESIDENT pro tempore. On this article of impeachment, 96 
Senators have voted guilty, no Senator has voted not guilty. Two-thirds 
of the Senators present having voted guilty, the Senate accordingly 
adjudges that the respondent, G. Thomas Porteous, Jr., is guilty as 
charged in this article.
  The Chair now asks the clerk to read the second article of 
impeachment.
  The assistant legislative clerk read as follows:


                               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 JDC 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.


                           Vote on Article II

  The PRESIDENT pro tempore. Senators, how say you? Is the respondent, 
G. Thomas Porteous, Jr., guilty or not guilty?
  The clerk will call the roll.
  The legislative clerk called the roll.
  Mr. DURBIN. I announce that the Senator from Connecticut (Mr. Dodd) 
and the Senator from Arkansas (Mrs. Lincoln) are necessarily absent.
  Mr. KYL. The following Senator is necessarily absent: the Senator 
from Kansas (Mr. Brownback).
  The result was announced--guilty 69, not guilty 27, as follows:

                        [Rollcall Vote No. 262]

                               GUILTY--69

     Barrasso
     Baucus
     Bayh
     Begich
     Bennet
     Bingaman
     Boxer
     Bunning
     Cantwell
     Cardin
     Carper
     Casey
     Coburn
     Cochran
     Conrad
     Coons
     Crapo
     DeMint
     Dorgan
     Durbin
     Enzi
     Feingold
     Feinstein
     Franken
     Gillibrand
     Grassley
     Hagan
     Inhofe
     Isakson
     Johanns
     Johnson
     Kerry
     Klobuchar
     Kohl
     Kyl
     Landrieu
     Lautenberg
     Leahy
     Levin
     Lugar
     McCain
     McConnell
     Menendez
     Merkley
     Mikulski
     Murray
     Nelson (NE)
     Nelson (FL)
     Pryor
     Risch
     Roberts
     Rockefeller
     Sanders
     Schumer
     Sessions
     Shaheen
     Shelby
     Snowe
     Specter
     Stabenow
     Tester
     Thune
     Udall (CO)
     Udall (NM)
     Vitter
     Voinovich
     Warner
     Webb
     Wyden

                             NOT GUILTY--27

     Akaka
     Alexander
     Bennett
     Bond
     Brown (MA)
     Brown (OH)
     Burr
     Chambliss
     Collins
     Corker
     Cornyn
     Ensign
     Graham
     Gregg
     Harkin
     Hatch
     Hutchison
     Inouye
     LeMieux
     Lieberman
     Manchin
     McCaskill
     Murkowski
     Reed
     Reid
     Whitehouse
     Wicker

             ABSENT, NOT VOTING, OR EXCUSED FROM VOTING--4

     Brownback
     Dodd
     Kirk
     Lincoln
  The PRESIDENT pro tempore. On this Article of Impeachment, 69 
Senators have voted guilty, 27 Senators have voted not guilty. Two-
thirds of the Senators present having voted guilty, the verdict on 
article II is guilty.
  The Chair now calls upon the clerk to read the third article.
  The assistant legislative clerk read as follows:


                              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--
       No. 1, using a false name and post office box address to 
     conceal his identity as a debtor in the case;
       No. 2, concealing assets;
       No. 3, concealing preferential payments to certain 
     creditors;
       No. 4, concealing gambling losses and other gambling debts; 
     and,
       No. 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.


                          Vote on Article III

  The PRESIDENT pro tempore. The question is on the third Article of 
Impeachment. Senators, how say you? Is

[[Page S8610]]

the respondent, G. Thomas Porteous, Jr., guilty or not guilty?
  The clerk will call the roll.
  The assistant legislative clerk called the roll.
  Mr. DURBIN. I announce that the Senator from Connecticut (Mr. Dodd) 
and the Senator from Arkansas (Mrs. Lincoln) are necessarily absent.
  Mr. KYL. The following Senator is necessarily absent: the Senator 
from Kansas (Mr. Brownback).
  The result was announced--guilty 88, not guilty 8, as follows:

                        [Rollcall Vote No. 263]

                               GUILTY--88

     Alexander
     Barrasso
     Baucus
     Bayh
     Begich
     Bennet
     Bennett
     Bingaman
     Bond
     Boxer
     Brown (MA)
     Brown (OH)
     Bunning
     Burr
     Cantwell
     Cardin
     Carper
     Casey
     Chambliss
     Coburn
     Cochran
     Collins
     Conrad
     Coons
     Corker
     Cornyn
     Crapo
     DeMint
     Dorgan
     Durbin
     Ensign
     Enzi
     Feingold
     Feinstein
     Gillibrand
     Graham
     Grassley
     Gregg
     Hagan
     Harkin
     Hutchison
     Inhofe
     Inouye
     Isakson
     Johanns
     Johnson
     Kerry
     Klobuchar
     Kohl
     Kyl
     Landrieu
     Lautenberg
     Leahy
     LeMieux
     Levin
     Lugar
     McCain
     McConnell
     Menendez
     Merkley
     Mikulski
     Murkowski
     Murray
     Nelson (NE)
     Nelson (FL)
     Pryor
     Reed
     Risch
     Roberts
     Rockefeller
     Sanders
     Schumer
     Sessions
     Shaheen
     Shelby
     Snowe
     Specter
     Stabenow
     Tester
     Thune
     Udall (CO)
     Udall (NM)
     Vitter
     Voinovich
     Warner
     Webb
     Whitehouse
     Wyden

                             NOT GUILTY--8

     Akaka
     Franken
     Hatch
     Lieberman
     Manchin
     McCaskill
     Reid
     Wicker

             ABSENT, NOT VOTING, OR EXCUSED FROM VOTING--4

     Brownback
     Dodd
     Kirk
     Lincoln
  The PRESIDENT PRO TEMPORE. On this Article of Impeachment, 88 
Senators have voted guilty, 8 Senators have voted not guilty. Two-
thirds of the Senators present having voted guilty, the verdict on 
article III is guilty.
  The Chair now calls upon the clerk to read the fourth Article of 
Impeachment.
  The assistant legislative clerk read as follows:


                               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:
       No. 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 would cause an embarrassment to 
     Judge Porteous or the President if publicly known. Judge 
     Porteous answered ``no'' to these questions and signed the 
     form under the warning that a false statement was punishable 
     by law.
       No. 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.
       No. 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 and 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.


                           Vote on Article IV

  The PRESIDENT PRO TEMPORE. The question is on agreeing on the fourth 
Article of Impeachment. Senators, how say you? Is the respondent, G. 
Thomas Porteous, guilty or not guilty?
  The clerk will call the roll.
  The legislative clerk called the roll.
  Mr. DURBIN. I announce that the Senator from Connecticut (Mr. Dodd) 
and the Senator from Arkansas (Mrs. Lincoln) are necessarily absent.
  Mr. KYL. The following Senator is necessarily absent: the Senator 
from Kansas (Mr. Brownback).
  The result was announced--guilty 90, not guilty 6, as follows:

                        [Rollcall Vote No. 264]

                               GUILTY--90

     Akaka
     Alexander
     Barrasso
     Baucus
     Bayh
     Begich
     Bennet
     Bennett
     Bingaman
     Bond
     Boxer
     Brown (MA)
     Brown (OH)
     Bunning
     Burr
     Cantwell
     Carper
     Casey
     Chambliss
     Coburn
     Cochran
     Collins
     Conrad
     Coons
     Corker
     Cornyn
     Crapo
     DeMint
     Dorgan
     Ensign
     Enzi
     Feingold
     Feinstein
     Gillibrand
     Graham
     Grassley
     Gregg
     Hagan
     Hatch
     Hutchison
     Inhofe
     Inouye
     Isakson
     Johanns
     Johnson
     Kerry
     Klobuchar
     Kohl
     Kyl
     Landrieu
     Lautenberg
     Leahy
     LeMieux
     Lieberman
     Lugar
     Manchin
     McCain
     McCaskill
     McConnell
     Menendez
     Merkley
     Mikulski
     Murkowski
     Murray
     Nelson (NE)
     Nelson (FL)
     Pryor
     Reed
     Risch
     Roberts
     Rockefeller
     Sanders
     Schumer
     Sessions
     Shaheen
     Shelby
     Snowe
     Specter
     Stabenow
     Tester
     Thune
     Udall (CO)
     Udall (NM)
     Vitter
     Voinovich
     Warner
     Webb
     Whitehouse
     Wicker
     Wyden

                             NOT GUILTY--6

     Cardin
     Durbin
     Franken
     Harkin
     Levin
     Reid

              ABSENT, NOT VOTING OR EXCUSED FROM VOTING--4

     Brownback
     Dodd
     Kirk
     Lincoln
  The PRESIDENT pro tempore. On this Article of Impeachment, 90 
Senators have voted guilty, 6 Senators have voted not guilty. Two-
thirds of the Senators present having voted guilty, the verdict on 
article IV is guilty.
  The Chair directs judgment to be entered in accordance with the 
judgment as follows: The Senate having tried G. Thomas Porteous, Jr., 
U.S. District Judge for the Eastern District of Louisiana, upon full 
Articles of Impeachment exhibited against him by the House of 
Representatives, and two-thirds of the Senate present having found him 
guilty of the charges contained in articles I, II, III, and IV, it is 
therefore ordered and adjudged that said G. Thomas Porteous, Jr., be 
and is hereby removed from office.
  The majority leader.
  Mr. REID. Mr. President, it is my understanding that Judge Porteous 
is forever disqualified to hold and enjoy any office of trust, honor, 
or profit of the United States; is that true?
  The PRESIDENT pro tempore. The leader is correct.
  Mr. REID. Mr. President, I have an order at the desk. I ask that it 
be stated.
  The PRESIDENT pro tempore. The clerk will report.
  The legislative clerk read as follows:

       Ordered, that the Secretary be directed to communicate to 
     the Secretary of State, as provided by rule XXIII of the 
     Rules of Procedure and Practice in the Senate when sitting on 
     impeachment trials, and also to the House of Representatives 
     the judgment of the Senate in the case of G. Thomas Porteous, 
     Jr. and transmit a certified copy of the judgment to each.

  The PRESIDENT pro tempore. Without objection, the order will be 
entered.
  The majority leader is recognized.
  Mr. REID. Mr. President, I move that the Senate, sitting as a court 
of impeachment for the Articles of Impeachment on G. Thomas Porteous, 
Jr., adjourn sine die and that when we return to legislative session, 
Senators McCaskill and Hatch, the two managers of this legislation, be 
recognized for 5 minutes each.
  The PRESIDENT pro tempore. The motion is agreed to.

[[Page S8611]]

  The Senate sitting as a court of impeachment is adjourned sine die.
  Mr. REID. Mr. President, I therefore move that this man, Judge 
Porteous, be disqualified from holding office at any time in the future 
in the United States.
  The PRESIDENT pro tempore. Is there debate on the motion? If not, the 
question is on agreeing to the motion to disqualify Judge Porteous from 
any further office.
  The clerk will call the roll.
  The assistant legislative clerk called the roll.
  Mr. DURBIN. I announce that the Senator from Connecticut (Mr. Dodd), 
and the Senator from Arkansas (Mrs. Lincoln) are necessarily absent.
  Mr. KYL. The following Senator is necessarily absent: the Senator 
from Kansas (Mr. Brownback).
  The result was announced--yeas 94, nays 2, as follows:

                        [Rollcall Vote No. 265]

                                YEAS--94

     Akaka
     Alexander
     Barrasso
     Baucus
     Bayh
     Begich
     Bennet
     Bennett
     Bond
     Boxer
     Brown (MA)
     Brown (OH)
     Bunning
     Burr
     Cantwell
     Cardin
     Carper
     Casey
     Chambliss
     Coburn
     Cochran
     Collins
     Conrad
     Coons
     Corker
     Cornyn
     Crapo
     DeMint
     Dorgan
     Durbin
     Ensign
     Enzi
     Feingold
     Feinstein
     Franken
     Gillibrand
     Graham
     Grassley
     Gregg
     Hagan
     Harkin
     Hatch
     Hutchison
     Inhofe
     Inouye
     Isakson
     Johanns
     Johnson
     Kerry
     Klobuchar
     Kohl
     Kyl
     Landrieu
     Lautenberg
     Leahy
     LeMieux
     Levin
     Lugar
     Manchin
     McCain
     McCaskill
     McConnell
     Menendez
     Merkley
     Mikulski
     Murkowski
     Murray
     Nelson (NE)
     Nelson (FL)
     Pryor
     Reed
     Reid
     Risch
     Roberts
     Rockefeller
     Sanders
     Schumer
     Sessions
     Shaheen
     Shelby
     Snowe
     Specter
     Stabenow
     Tester
     Thune
     Udall (CO)
     Udall (NM)
     Vitter
     Voinovich
     Warner
     Webb
     Whitehouse
     Wicker
     Wyden

                                NAYS--2

     Bingaman
     Lieberman
       

             ABSENT, NOT VOTING, OR EXCUSED FROM VOTING--4

     Brownback
     Dodd
     Kirk
     Lincoln
  The PRESIDENT pro tempore. On this vote, the yeas are 94, the nays 
are 2. The Senate having tried G. Thomas Porteous, Jr., U.S. district 
judge for the Eastern District of Louisiana, upon four Articles of 
Impeachment exhibited against him by the House of Representatives, and 
two-thirds of the Senators present having found him guilty of the 
charges contained in articles I, II, III and IV of the Articles of 
Impeachment, it is therefore ordered and adjudged that the said G. 
Thomas Porteous, Jr., be, and he is hereby, removed from office; and 
that he be, and is hereby, forever disqualified to hold and enjoy any 
office or honor, trust, or profit under the United States.
  The Chair will clarify that it requires a motion that the convicted 
official be disqualified from ever holding an office of honor, trust, 
or profit under the United States. The Senate has just adopted such 
motion.
  Mr. REID. Mr. President, I send an order to the desk and ask that it 
be stated.
  The PRESIDING OFFICER. The clerk will state the motion.
  The legislative clerk read as follows:

       Ordered that the Secretary be directed to communicate to 
     the Secretary of State, as provided by rule XXIII of the 
     rules of procedure and practice in the Senate when sitting on 
     impeachment trials, and also to the House of Representatives, 
     the judgment of the Senate in the case of G. Thomas Porteous, 
     Jr., and transmit a certified copy of the judgment to each.

  The PRESIDENT pro tempore. Without objection, the order will be 
entered.
  The majority leader is recognized.
  Mr. REID. Mr. President, I renew the request I made previously that 
the Senate, sitting as a court of impeachment for the Articles of 
Impeachment against G. Thomas Porteous, Jr., adjourn sine die, and as 
soon as we go to legislative session, Senator McCaskill be recognized.
  The PRESIDENT pro tempore. Without objection, the motion is agreed 
to, and the Senate, sitting as a court of impeachment, is adjourned 
sine die.
  Mr. REID. Mr. President, I ask unanimous consent that the order 
previously entered be vitiated directing that the Senate recess subject 
to the call of the Chair.
  The PRESIDENT pro tempore. Without objection, it is so ordered.
  Mr. REID. I thank the Chair.

                          ____________________