Turley Joins Porteous Defense as Co-Lead Counsel

In the past, I have disclosed my involvement in high-profile cases to avoid any conflict with this blog or questions why I am not posting on a particular subject. Accordingly, I wanted to confirm that I have agreed to serve as co-lead counsel in the Senate impeachment trial of Judge G. Thomas Porteous.

I will be joining Richard Westling of Ober Kaler as co-lead counsel.

Joining the case with me is Daniel Schwartz of Byran Cave (former NSA general counsel) as well as PJ Meitl.

I will continue to follow my prior policy of limiting public statements on the case.

19 thoughts on “Turley Joins Porteous Defense as Co-Lead Counsel

  1. Representatives Adam Schiff (D-CA), Zoe Lofgren (D-CA), Hank Johnson (D-GA), Bob Goodlatte (R-VA), and Jim Sensenbrenner (R-WI)were appointed as managers in the House.

    Bob Goodlatte is a Republican Congressman from Virginia’s 6th District (Roanoke area and Valley North plus Lynchburg) and a Washington & Lee Law Graduate (1977). He worked for the venerable M. Caldwell Butler and was in private practice with Roanoke law firm of Bird, Kinder and Huffman, P.C., before his election to Congress. He trends very conservative with a penchant for technological things and now apparently has some interest in the “birther movement” sponsoring a bill to require Presidential candidates to show their birth certificates. His prosecutorial experience is limited as he got into politics at an early age.

    Should be a good show but the unanimous passage of the articles of impeachment doesn’t bode well. I like perjury trials with constitutional overtones like denial of Fifth Amendment protections.

    Good luck, and may justice prevail – however she rules.

  2. FFLEO,

    I hadn’t heard about the case at all until today, so I took a look at the judge’s wikipedia page. I don’t know how accurate it all is, but it was surprisingly detailed.

  3. Former Federal LEO

    There are a couple of good stories in The Times-Picayune.

    I’m hoping C-Span will carry it all.

  4. http://abovethelaw.com/2010/01/impeachment-looms-for-judge-thomas-porteous/#more-2614

    Another link:

    Porteous’ lawyers have maintained that he made some personal mistakes – all a result of problems with gambling and drinking. But they insist he handled all cases before him professionally and without bias, despite any friendships and his acceptance of free meals and other gifts from some lawyers who appeared before him.

    ****

    One witness, Jefferson Parish attorney Robert Creely, said that his firm received special court appointments from Porteous, when he was a state judge in Jefferson Parish, and was asked to return some of the proceeds back to the judge.

    Only 14 judges previously have been impeached by the House. The last was Samuel Kent of Texas in June, 2009. He was accused of sexual assault, making false and misleading statements and obstructing and impeding an official proceeding.

    http://www.nola.com/crime/index.ssf/2010/03/judge_thomas_porteous_impeache.html

    ______

    Dang, Louisiana and corruption. This is a first. Dewey and Hughey would be most proud. But then again Galveston has the distinction of a perv on the court. Still not the best Justice money can buy. Chicago still has it hands down….

  5. I have been following this case for awhile … what are the rules here? I don’t want to mention anything until I know what is and is not acceptable commentary given the Prof’s new status.

  6. You are most welcome FF LEO.

    I guess the title of his Autobiography will be titled:

    “Gifts, Grafts and Gratuities”

    The above is from a writer for the Austin-American Statesman in regards to Billy Clayton. I believe John Kelso is still writing for them as a columnist. He puts the spank back in Jesus.

    Blouise,

    You can write whatever you want. We have the option of reading or disregarding it. Ain’t America great?

    I was listening to NPR a little while ago and the topic was the CIA paying people in Cuba to be dissidents. One Cuban was stopped by the Castro regime and had 14,000 American US Dollars.

  7. If you want info on the charges, do a google search of his name. The Wikipedia article mentioned before is good, as is the Times Picayune.

    The vote in the house to impeach him was unanimous on all counts, according to Wikipedia.

    I noted that he is accused of a bankruptcy crime, lying about his assets in his personal bankruptcy case. Apparently, the statute of limitations has passed on this, so they cant’ prosecute him for this.

    Another charge is financial/bank fraud, lying to a federally insured bank, which I guess has also passed the statute of limitations.

    Of course, all of the charges have to be proven at the trial, but usually bankruptcy fraud and perjuring yourself on financial applications is pretty easy to prove.

  8. Correction:

    I just went back and looked at the wikipedia article and though the Judge was accused of bank fraud in connection with refinancing his mortgage, or something like that, the impeachment charges don’t include bank fraud. They do include lying to the FBI and the Senate I guess in connection with his confirmation.

  9. Isabel:

    “Of course, all of the charges have to be proven at the trial, but usually bankruptcy fraud and perjuring yourself on financial applications is pretty easy to prove.”

    ******************

    In my experience, these charges are two of the hardest to prove since they require a showing of specific intent to defraud and scienter. The workings and intention of the human mind and heart are most difficult to ascertain, much less prove. I think JT has about as reasonable a set of odds as you can have in any quasi-criminal case of impeachment. Having been an observer of him for a few years, he has, in my judgment, the temperament, gravitas, experience, and acumen to handle case, with the first quality being the most important. Personal advocacy is still the most important quality of the advocate. It should be quite a show.

  10. @meso: You are forgetting the most important thing. Temperament, gravitas, experience, and acumen are important qualities for a judge, but they have zero effect on the judge keeping his/her job. A judge can pretty much do anything, except bring negative media attention to the judiciary. Once the media has latched onto a story line that sticks, it lights out. The only “defense” I can think of that has a chance of working is to convince the Senate that “The people of Louisiana love Judge Porteous, and want him to stay”.

  11. Alan,

    If they retire they get to keep all beneys and for a Federal Judge they are huge. The Senate has the option now of accepting the resignation or conviction. I hope they go for the later and the move on up to the 6th Circuit, where a number of other low lying crooks are Judges. Just not caught yet or covered up really well.

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