[Congressional Record (Bound Edition), Volume 156 (2010), Part 15]
[Senate]
[Page 22369]
[From the U.S. Government Publishing Office, www.gpo.gov]




                          PORTEOUS IMPEACHMENT

  Mr. SESSIONS. Mr. President, I would like to address two matters 
concerning the impeachment of Judge Porteous. As a former Federal 
prosecutor and State attorney general, I have reviewed and drafted a 
number of indictments. I do not believe that evidence of acts committed 
before confirmation should be withheld from consideration in the 
impeachment process or that it is inappropriate to aggregate claims 
together.
  The Constitution does not require that all conduct be committed post 
Federal appointment nor does it stipulate at all when the conduct must 
occur. Whether treason or bribery occurs before or after confirmation 
is not the question, but whether or not it occurred. If this were not 
so, individuals like Judge Porteous, who are very capable of practicing 
the art of deception and are confirmed, could not be removed from 
office.
  I believe that all four counts against Judge Porteous were well 
drafted. The Senate has previously stated that ``the House has 
substantial discretion in determining how to aggregate related alleged 
acts of misconduct in framing Articles of Impeachment and has 
historically frequently chosen to aggregate multiple factual 
allegations in a single impeachment article . . . Judge Porteous 
engaged in a number of elaborate schemes. Having prosecuted fraud, 
conspiracy, and racketeering cases, I understand that the facts in 
these types of cases can be extensive and can build up over a period of 
years. What we should look at is whether the events are sufficiently 
related so as not to produce prejudice. Each of these counts told a 
complete story of wrongdoing that was coherent and was held together 
logically.
  Finally, let me say that Judge Porteous's behavior should serve as a 
reminder to the President of the critical importance of vetting his 
nominees and as a reminder to this body that a thorough confirmation 
process is imperative. The process should always emphasize character, 
integrity, mental and emotional health, and high morals.

                          ____________________