[Congressional Record (Bound Edition), Volume 155 (2009), Part 12]
[Senate]
[Pages 15991-15992]
[From the U.S. Government Publishing Office, www.gpo.gov]




EXHIBITION OF ARTICLES OF IMPEACHMENT AGAINST SAMUEL B. KENT, JUDGE OF 
       THE U.S. DISTRICT COURT FOR THE SOUTHERN DISTRICT OF TEXAS

  The SECRETARY FOR THE MAJORITY. 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 Samuel B. Kent, Judge of the United States District Court for the 
Southern District of Texas.
  The ACTING PRESIDENT pro tempore. The managers on the part of the 
House will be received and assigned to 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 ACTING PRESIDENT pro tempore. 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 Samuel B. Kent, Judge of the United States District Court for 
the Southern District of Texas.
  The ACTING PRESIDENT pro tempore. 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 present and ready to present the Articles 
of Impeachment, which have been preferred by the House of 
Representatives against Samuel B. Kent, Judge of the United States 
District Court for the Southern District of Texas.
  The House adopted the following resolution which, with the permission 
of the President of the Senate, I will read:

                              H. Res. 565

       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 Samuel B. Kent, a judge of 
     the United States District Court for the Southern District of 
     Texas, 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 279, One Hundred 
     Eleventh Congress, agreed to March 31, 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.

  With the permission of the President of the Senate, I will now read 
the articles of impeachment.

                              H. Res. 520

       Resolved, That Samuel B. Kent, a judge of the United States 
     Court for the Southern District of Texas, is impeached for 
     high crimes and misdemeanors, and that the following articles 
     of impeachment be exhibited to the Senate:

[[Page 15992]]

       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 Samuel B. Kent, a judge of the United States 
     District Court for the Southern District of Texas, in 
     maintenance and support of its impeachment against him for 
     high crimes and misdemeanors.

                               Article I

       Incident to his position as a United States district court 
     judge, Samuel B. Kent has engaged in conduct with respect to 
     employees associated with the court that is incompatible with 
     the trust and confidence placed in him as a judge, as 
     follows:
       (1) Judge Kent is a United States District Judge in the 
     Southern District of Texas. From 1990 to 2008, he was 
     assigned to the Galveston Division of the Southern District, 
     and his chambers and courtroom were located in the United 
     States Post Office and Courthouse in Galveston, Texas.
       (2) Cathy McBroom was an employee of the Office of the 
     Clerk of Court for the Southern District of Texas, and served 
     as a Deputy Clerk in the Galveston Division assigned to Judge 
     Kent's courtroom.
       (3) On one or more occasions between 2003 and 2007, Judge 
     Kent sexually assaulted Cathy McBroom, by touching her 
     private areas directly and through her clothing against her 
     will and by attempting to cause her to engage in a sexual act 
     with him.
       Wherefore, Judge Samuel B. Kent is guilty of high crimes 
     and misdemeanors and should be removed from office.

                               Article II

       Incident to his position as a United States district court 
     judge, Samuel B. Kent has engaged in conduct with respect to 
     employees associated with the court that is incompatible with 
     the trust and confidence placed in him as a judge, as 
     follows:
       (1) Judge Kent is a United States District Judge in the 
     Southern District of Texas. From 1990 to 2008, he was 
     assigned to the Galveston Division of the Southern District, 
     and his chambers and courtroom were located in the United 
     States Post Office and Courthouse in Galveston, Texas.
       (2) Donna Wilkerson was an employee of the United States 
     District Court for the Southern District of Texas.
       (3) On one or more occasions between 2001 and 2007, Judge 
     Kent sexually assaulted Donna Wilkerson, by touching her in 
     her private areas against her will and by attempting to cause 
     her to engage in a sexual act with him.
       Wherefore, Judge Samuel B. Kent is guilty of high crimes 
     and misdemeanors and should be removed from office.

                              Article III

       Samuel B. Kent corruptly obstructed, influenced, or impeded 
     an official proceeding as follows:
       (1) On or about May 21, 2007, Cathy McBroom filed a 
     judicial misconduct complaint with the United States Court of 
     Appeals for the Fifth Circuit. In response, the Fifth Circuit 
     appointed a Special Investigative Committee (hereinafter in 
     this article referred to as ``the Committee'') to investigate 
     Cathy McBroom's complaint.
       (2) On or about June 8, 2007, at Judge Kent's request and 
     upon notice from the Committee, Judge Kent appeared before 
     the Committee.
       (3) As part of its investigation, the Committee sought to 
     learn from Judge Kent and others whether he had engaged in 
     unwanted sexual contact with Cathy McBroom and individuals 
     other than Cathy McBroom.
       (4) On or about June 8, 2007, Judge Kent made false 
     statements to the Committee regarding his unwanted sexual 
     contact with Donna Wilkerson as follows:
       (A) Judge Kent falsely stated to the Committee that the 
     extent of his unwanted sexual contact with Donna Wilkerson 
     was one kiss, when in fact and as he knew he had engaged in 
     repeated sexual contact with Donna Wilkerson without her 
     permission.
       (B) Judge Kent falsely stated to the Committee that when 
     told by Donna Wilkerson his advances were unwelcome no 
     further contact occurred, when in fact and as he knew, Judge 
     Kent continued such advances even after she asked him to 
     stop.
       (5) Judge Kent was indicted and pled guilty and was 
     sentenced to imprisonment for the felony of obstruction of 
     justice in violation of section 1512(c)(2) of title 18, 
     United States Code, on the basis of false statements made to 
     the Committee. The sentencing judge described his conduct as 
     ``a stain on the justice system itself''.
       Wherefore, Judge Samuel B. Kent is guilty of high crimes 
     and misdemeanors and should be removed from office.

                               Article IV

       Judge Samuel B. Kent made material false and misleading 
     statements about the nature and extent of his nonconsensual 
     sexual contact with Cathy McBroom and Donna Wilkerson to 
     agents of the Federal Bureau of Investigation on or about 
     November 30, 2007, and to agents of the Federal Bureau of 
     Investigation and representatives of the Department of 
     Justice on or about August 11, 2008.
       Wherefore, Judge Samuel B. Kent is guilty of high crimes 
     and misdemeanors and should be removed from office.

  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 Samuel B. Kent, to answer said 
impeachment and do now demand his conviction, and appropriate judgment 
thereon.
  The ACTING PRESIDENT pro tempore. 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 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 Acting President pro 
tempore, the Senator from Hawaii, Mr. Inouye.
  The ACTING PRESIDENT pro tempore. Without objection, it is so 
ordered.
  Mr. McCONNELL. Do you solemnly swear that in all things appertaining 
to the trial of the impeachment of Samuel B. Kent, 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?
  The ACTING PRESIDENT pro tempore. 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, Mr. Inouye, administer the oath to Members of the 
Senate.
  The ACTING PRESIDENT pro tempore. Without objection, it is so 
ordered.
  Senators shall now be sworn. Will Senators all rise and raise your 
hand.
  Do you solemnly swear that in all things appertaining to the trial of 
the impeachment of Samuel B. Kent, 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.
  The following named Senators are recorded as having subscribed to the 
oath this day:

       Alexander, Barrasso, Baucus, Bayh, Begich, Bennett (Utah), 
     Bingaman, Bond, Boxer, Brown, Brownback, Bunning, Burr, 
     Burris, Cantwell, Cardin, Carper, Casey, Chambliss, Coburn, 
     Collins, Conrad.
       Corker, Cornyn, Crapo, DeMint, Dodd, Durbin, Ensign, Enzi, 
     Feingold, Feinstein, Gillibrand, Graham, Grassley, Gregg, 
     Harkin, Hatch, Hutchison, Inhofe, Inouye, Isakson, Johanns, 
     Johnson.
       Kaufman, Kerry, Klobuchar, Kyl, Landrieu, Lautenberg, 
     Leahy, Levin, Lieberman, Lincoln, Lugar, Martinez, McCain, 
     McCaskill, McConnell, Menendez, Merkley, Mikulski, Murkowski, 
     Murray, Nelson (Nebraska), Nelson (Florida).
       Reed (Rhode Island), Reid (Nevada), Risch, Rockefeller, 
     Sanders, Schumer, Sessions, Shaheen, Shelby, Snowe, Specter, 
     Stabenow, Tester, Thune, Udall (Colorado), Udall (New 
     Mexico), Vitter, Voinovich, Warner, Webb, Whitehouse, Wicker, 
     Wyden.

  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 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.

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