[Senate Document 111-20]
[From the U.S. Government Publishing Office]
111th Congress 2d Session SENATE S. Doc.
111-20
_______________________________________________________________________
PROCEEDINGS OF THE
UNITED STATES SENATE
IN THE
IMPEACHMENT TRIAL OF
G. THOMAS PORTEOUS, JR.,
A JUDGE OF THE UNITED STATES
DISTRICT COURT FOR THE
EASTERN DISTRICT OF LOUISIANA
December 8, 2010.--Ordered to be printed
PROCEEDINGS OF THE UNITED STATES SENATE IN THE IMPEACHMENT TRIAL
OF G. THOMAS PORTEOUS, JR., A JUDGE OF THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF LOUISIANA
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111th Congress
2d Session SENATE S. Doc.
111-20
_______________________________________________________________________
PROCEEDINGS OF THE
UNITED STATES SENATE
IN THE
IMPEACHMENT TRIAL OF
G. THOMAS PORTEOUS, JR.,
A JUDGE OF THE UNITED STATES
DISTRICT COURT FOR THE
EASTERN DISTRICT OF LOUISIANA
December 8, 2010.--Ordered to be printed
IMPEACHMENT TRIAL COMMITTEE ON THE ARTICLES
AGAINST JUDGE G. THOMAS PORTEOUS, JR.
CLAIRE MCCASKILL, Missouri,
Chairman
ORRIN G. HATCH, Utah, Vice
Chairman
AMY KLOBUCHAR, Minnesota
SHELDON WHITEHOUSE, Rhode Island
TOM UDALL, New Mexico
JEANNE SHAHEEN, New Hampshire
EDWARD E. KAUFMAN, Delaware JIM DeMINT, South Carolina
JOHN BARRASSO, Wyoming
ROGER WICKER, Mississippi
MIKE JOHANNS, Nebraska
JAMES E. RISCH, Idaho
COMMITTEE STAFF
Derron R. Parks, Staff Director
and Chief Counsel
Thomas L. Jipping, Deputy Staff
Director and Deputy Chief Counsel
Justin Kim, Counsel
Rebecca S. Seidel, Counsel
Erin P. Johnson, Deputy Counsel
and Chief Clerk
Lake Dishman, Professional Staff
Member
CONGRESSIONAL RESEARCH SERVICE STAFF
Susan Navarro Smelcer, Analyst on
the Federal Judiciary
SENATE LEGAL COUNSEL STAFF
Morgan J. Frankel, Senate Legal
Counsel
Patricia Mack Bryan, Deputy Senate
Legal Counsel
Grant R. Vinik, Assistant Senate
Legal Counsel
Thomas E. Caballero, Assistant
Senate Legal Counsel2
ACKNOWLEDGMENTS
The Committee gratefully acknowledges the high standard of
professionalism and long hours of dedicated service of its staff. The
Committee also expresses its appreciation to Lynden C. Armstrong, Chief
Clerk of the Committee on Rules and Administration, and to the
following staff of Committee members:
2STAFF OF COMMITTEE MEMBERS
Senator MCCASKILL, Chairman,
Derron R. Parks
Senator HATCH, Vice Chairman,
Thomas L. Jipping
Senator KLOBUCHAR, Paige Herwig
Senator WHITEHOUSE, Stephen C. N.
Lilley and Justin G. Florence
Senator UDALL, Matthew T. Nelson
Senator SHAHEEN, Thomas J. Maloney
Senator KAUFMAN, Nhan Nguyen
Senator DeMINT, Erica Suares
Senator BARRASSO, Bryn Stewart
Senator WICKER, Emily Ferris
Senator JOHANNS, Sarah Novascone
Senator RISCH, Jason Bohrer
INTERNS
Christian Dibblee
Timothy Holman
Hannah Lockhart
Annie Moulton
Michael Naclerio
Patrick Sadler
CONTENTS
_________________________________________________________________
IMPEACHMENT PROCEEDINGS OF THE SENATE (INCLUDING ACTIONS SITTING AS A
COURT OF IMPEACHMENT)
Order for Exhibiting Articles of Impeachment [156 Cong. Rec. 3
S1562 (daily ed. March 15, 2010)].
Exhibition of Articles of Impeachment [156 Cong. Rec. S1644 4
(daily ed. March 17, 2010)].
S. Res. 457, 111th Cong. 2d Sess., To provide for issuance of a 6
summons and for related procedures concerning the articles of
impeachment against G. Thomas Porteous, Jr. (March 17, 2010).
S. Res. 458, 111th Cong. 2d Sess., To provide for the appointment 7
of a committee to receive and to report evidence with respect
to articles of impeachment against Judge G. Thomas Porteous,
Jr. (March 17, 2010).
Message from the House announcing agreement on H.Res 1031 and 8
H.Res. 1165 [156 Cong. Rec. S1669 (daily ed. March 17, 2010)].
Judge G. Thomas Porteous, Jr., Answer to the Articles of 9
Impeachment [156 Cong. Rec. S2181 (daily ed. April 12, 2010)].
House Managers' Replication [156 Cong. Rec. S2357 (daily ed. 13
April 15, 2010)].
Errata to the House Managers' Replication [156 Cong. Rec. S2529- 17
S2530 (daily ed. April 21, 2010)].
House Managers' Amended Replication [156 Cong. Rec. S2601 (daily 19
ed. April 22, 2010)].
Impeachment Trial Committee Rules [156 Cong. Rec. S5988-S5989 22
(daily ed. July 19, 2010)].
Unanimous-Consent Agreement to file Impeachment Trial Committee 24
report notwithstanding adjournment of the Senate [156 Cong.
Rec. S7910 (daily ed. November 15, 2010)].
POST-TRIAL BRIEFS, CORRESPONDENCE AND MEMORANDA SUBMITTED BY THE
PARTIES
Judge G. Thomas Porteous, Jr.'s Post-Trial Brief (October 29, 27
2010).
House Managers' Post-Trial Brief (October 29, 2010).............. 222
Judge Porteous's Letter objecting to the House's Post-Trial Brief 381
(November 3, 2010).
House Managers' Response Letter to Judge Porteous's Nov. 3rd 386
Letter (November 5, 2010).
House Managers' Amended Post-Trial Brief (November 10, 2010)..... 390
House Managers' Letter requesting clarification on final 548
arguments (December 3, 2010).
FINAL ARGUMENT ON THE MERITS AND SENATE DISPOSITION OF THE ARTICLES OF
IMPEACHMENT
Unanimous-Consent Agreement fixing date and time for final 553
argument and deliberation on the Articles of Impeachment [156
Cong. Rec. S8552 (daily ed. December 6, 2010)].
Final Argument of the Parties on Motions and Questions from the 555
Senate [156 Cong. Rec. S8559-S8574, S8576-S8595 (daily ed.
December 7, 2010)].
Senate Orders Re: Closed Deliberation [156 Cong. Rec. S8595 590
(daily ed. December 7, 2010)].
Rollcall Vote on Judge Porteous's Motion to disaggregate the 591
Articles of Impeachment [156 Cong. Rec. S8607-S8609 (daily ed.
December 8, 2010)].
Rollcall Votes on the Articles of Impeachment Against Judge G. 593
Thomas Porteous, Jr. [156 Cong. Rec. S8609-S8611 (daily ed.
December 8, 2010)].
Rollcall Vote on the Disqualification of Judge Porteous from 593
Holding any Office of Honor, Trust, or Profit under the United
States [156 Cong. Rec. S8609-S8611 (daily ed. December 8,
2010)].
Judgment of the United States Senate (December 8, 2010).......... 596
Order of the United States Senate (December 8, 2010)............. 597
STATEMENTS OF SENATORS REGARDING THE IMPEACHMENT TRIAL OF JUDGE G.
THOMAS PORTEOUS, JR.
Authorization for Filing Statements in the Congressional Record 601
Regarding the Impeachment Trial of Judge G. Thomas Porteous,
Jr. [156 Cong. Rec. S8608 (daily ed. December 8, 2010)].
Senator Claire McCaskill:
Oral Statement Made by Senator McCaskill following the 602
Rollcall Vote on Disqualification on December 8, 2010.
Senator Orrin Hatch:
Oral Statement Made by Senator Hatch following the Rollcall 603
Vote on Disqualification on December 8, 2010.
Joint Statement of Senator McCaskill and Senator Hatch........... 605
Senator Benjamin Cardin.......................................... 608
Senator Carl Levin............................................... 609
Senator Jeff Bingaman............................................ 609
Senator Sheldon Whitehouse....................................... 610
Senator Patrick Leahy............................................ 612
Senator Tom Udall................................................ 613
Senator Jeanne Shaheen........................................... 614
Senator Herb Kohl................................................ 614
Senator Bill Nelson.............................................. 615
Senator Christopher Coons........................................ 616
Senator Jeff Sessions............................................ 617
OTHER PROCEEDINGS REGARDING THE PORTEOUS IMPEACHMENT
Senate Legal Counsel Application for Order Immunizing Testimony 621
and Other Information Provided By Jacob Amato (July 23, 2010).
Order Immunizing Testimony and Other Information Provided By 643
Jacob Amato (July 27, 2010).
Senate Legal Counsel Application for Order Immunizing Testimony 644
and Other Information Provided By Robert Creely (July 23,
2010).
Order Immunizing Testimony and Other Information Provided By 666
Robert Creely (July 27, 2010).
Senate Legal Counsel Application for Order Immunizing Testimony 667
and Other Information Provided By Rhonda Danos (August 11,
2010).
Order Immunizing Testimony and Other Information Provided By 689
Rhonda Danos (August 11, 2010).
Senate Legal Counsel Application for Order Immunizing Testimony 690
and Other Information Provided By Leonard Levenson (August 11,
2010).
Order Immunizing Testimony and Other Information Provided By 712
Leonard Levenson (August 11, 2010).
Senate Legal Counsel Application for Order Immunizing Testimony 713
and Other Information Provided By Bruce Netterville (August 11,
2010).
Order Immunizing Testimony and Other Information Provided By 735
Bruce Netterville (August 11, 2010).
Fifth Circuit Judicial Council Order extending Judge G. Thomas 736
Porteous, Jr.'s suspension (September 8, 2010).
FOREWORD
This volume completes the printing of the Senate's
proceedings in the impeachment of G. Thomas Porteous, Jr.,
formerly a United States District Judge for the Eastern
District of Louisiana. It brings together for the future use of
the Senate, scholars, and the public those materials that have
not been made readily available in other Senate publications.
The purpose of this foreword is both to describe the contents
of this volume and to identify the other Senate documents
published in this impeachment proceeding in order to provide a
full understanding of the documentary record.
The House Managers exhibited to the Senate the Articles of
Impeachment against Judge Porteous on March 17, 2010. The text
of the Articles of Impeachment and the initial proceedings in
the Senate upon exhibition of the articles are reprinted in
this volume at pages 3-5. Judge Porteous's answer to the
articles and the original House replication are reprinted at
pages 9-16. An errata to the replication and the amended
replication are reprinted at pages 17-23. The Articles of
Impeachment, the answer, and the amended replication also
appear in Senate Document 111-13 (2010), together with the
Senate's procedural rules for impeachment proceedings and
relevant constitutional provisions. On March 17, 2010, the
Senate agreed to Senate Resolution 458, which provided for the
appointment of an impeachment trial committee to conduct
evidentiary proceedings. The Impeachment Trial Committee's
proceedings from the consideration of Senate Resolution 458
through the completion of the Committee's evidentiary hearings
are reprinted in the multi-volume report of the Senate
Impeachment Trial Committee on the Articles Against Judge G.
Thomas Porteous, Jr.: Hearings Before the Senate Impeachment
Trial Committee, Senate Hearing 111-691 (2010).
Volume 1, Parts A and B of that hearing report contain the
Committee's pretrial proceedings. Volumes 2A and 2B of Senate
Hearing 111-691 contain the testimonial record of the
Committee's evidentiary hearings, which occupied five days from
September 13-21, 2010. Volume 3, Parts A-E reproduce some post-
trial filings and the exhibits admitted into evidence at the
Committee's hearings.
Senate Resolution 458 authorized the Committee to accompany
its certified report of its evidentiary proceedings with a
neutral summary of the evidence presented. Senate Report 111-
347 (2010), which the Committee filed with the Senate on
November 16, 2010, is the Committee's certification of its
record and summary of evidence. Following the completion of the
Committee's proceedings, the parties filed briefs before the
full Senate. These briefs are reprinted in this final volume at
pages 527-549. The Senate heard oral argument by the parties on
December 7, deliberated in closed session later that day, and
voted on one motion of Judge Porteous's, the Articles of
Impeachment, and on disqualification of Judge Porteous on
December 8, 2010. The oral argument on the Senate floor is
reprinted in this volume at pages 555-589, the Senate's votes
are reproduced at pages 591-594, and the judgment of conviction
and disqualification appears at page 596. The statements of
thirteen Senators who filed public statements on their votes
are printed at pages 602-618.
This impeachment proceeding also generated applications to
the district court for immunized testimony for witnesses. The
papers filed there and the orders of the court are reprinted at
pages 621-735.
We hope that this final volume on the impeachment of Judge
Porteous, together with the record that has been previously
published, will contribute to an understanding of the
significant issues which the parties and the Senate confronted
in these proceedings.
CLAIRE McCASKILL,
Chairman,
ORRIN G. HATCH
Vice-Chairman,
Impeachment Trial Committee on the
Articles Against Judge G. Thomas Porteous, Jr.
APRIL 2011
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