The fifth day of the Senate trial for United States District Court Judge Thomas Porteous starts today at 8 a.m.
Some this testimony will center on Article IV of the impeachment. I have attached our motions to dismiss Article Fourth and our general summary if you are following the case.
Judge G. Thomas Porteous, Jr.’sMotion to Dismiss Article IV
Porteous Pre-Trial Statement
Porteous Pre-Trial Statement – Exhibits
Last witness observations:
Sen. Risch, Kaufman and McCaskill’s questions were those of bullies, from a very biased vantage point which were challenging of the expert witness, Mr. MacKenzie, who critized the confirmation process. I found them distasteful from our elected senators and not of netural fact-finders.
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Case Closed by Jon 5:50 p.m. EDT Day #6. without using his full 20 hours allotted.
Senate Committee Report to prepared by November 15 and voted upon so it can be published to the full senate.
Sen. Hatch expressed reservations about releasing the exhibits of the Judicial nomination answers to the questions.
Committee adjourned 6:00 p.m. EDT 9-21-2010 end of day #6.
peneka,
You are most welcome.
Thank you Buddha and AY for the clarification.
No I agree fully…
AY (and the other lawyers),
If there is something amiss with that reasoning, I’d really appreciate your input.
Now whether Kangaroo Claire would give it the hearing Bybee deserves is another issue. 😉
AY,
Disbarment for what would be the question here. If he was disbarred for his advocacy of violating the Constitution while he was sitting, that would go to his fitness to hold the office. Since the bar proceeding originates after his appointment, it’s arguably for an ongoing crime (the advocacy of torture in contravention of the Constitution, Federal code and international treaty) since Bybee hasn’t withdrawn his manifestly illegal opinion but has instead defended it even though the memo in question was drafted prior to his appointment. He is still advocating a crime under color of authority – grounds for impeachment as it constitutes a high crime given the nature of the crime he is advocating. His failure, indeed, refusal to remediate that opinion shows he is not willing to uphold his oath of office to protect the Constitution and therefor is impeachable.
I’ve thought about how to get him out more than once. And it’s an easier argument than what’s going on here because of the ongoing nature of Bybee’s torture endorsement.
We can dissect the plays, decry the referee, complain about the small crowd in attendance, and praise the QB but it looks like a loss for the defense. Kudos to the defense team, but Porteous is a Louisiana garbage scow in need of scuttling.
Outsourcing to India,what could have been done here?
Tell me where in the Constitution it says that Judges have to be licensed? The same stand for any Federally Appointed Judge….Now Magistrates….they may have to be licensed in the state that they practice. They are basically an ADM Law Judge…..
AY,
I am confused…
Buddha stated to me the following in answer to a question I asked concerning Judge Bybee
Buddha Is Laughing 1, September 17, 2010 at 5:33 pm
peneka,
Bybee should be disbarred. End of story. 1L’s know better than to advocate torture under the terms of the Constitution. Hell, paralegals know better. The DOJ under my hand would make sure he was disbarred. No bar, no license, no Judge Bybee.
So I don’t understand your correction AY
correction:
he can still have his ticket to practice yanked and still sit on the Federal Bench……
INFO ON JUDGE THOMAS PORTEOUS ON LINE WIKIPEDIA 9-21-2010
Thomas Porteous
From Wikipedia
This article is about the United States federal judge
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United States District Court for the Eastern District of Louisiana
Incumbent
Assumed office
October 11, 1994
Appointed by Bill Clinton
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Born 1946
New Orleans, Louisiana
Alma mater Louisiana State University
Louisiana State University Law School
G. Thomas Porteous Jr. (born 1946)[1] is a United States federal judge. The United States House of Representatives voted unanimously on March 11, 2010, to impeach him. Senate impeachment proceedings began on March 17, 2010.
Background
Born in New Orleans, Louisiana[1], Porteous received a B.A. from Louisiana State University in 1968 and a J.D. from Louisiana State University Law School in 1971.[1] He was a special counsel to the Office of the State Attorney General, Louisiana from 1971 to 1973.[1] He was in private practice in Gretna, Louisiana from 1973 to 1980[1], and in Metairie, Louisiana from 1980 to 1984.[1] He was Chief of the Felony Complaint Division in the District Attorney’s Office, Jefferson Parish, Louisiana from 1973 to 1975.[1] He was a city attorney of Harahan, Louisiana from 1982 to 1984.[1] He was a judge on the 24th Judicial District Court of Louisiana from 1984 to 1994.[1]
Federal judge
On August 25, 1994, Porteous was nominated by President Bill Clinton to a seat on the United States District Court for the Eastern District of Louisiana vacated by Robert F. Collins.[1] He was confirmed by the United States Senate on October 7, 1994[1], and received his commission on October 11, 1994.[1]
He has controversially ruled in several landmark cases against the state, including one 2002 case in which he ruled that the state of Louisiana was illegally using federal money to promote religion in its abstinence-only sex education programs.[2] He ordered the state to stop giving money to individuals or organizations that “convey religious messages or otherwise advance religion” with tax dollars.[2] Judge Porteous also said there was ample evidence that many of the groups participating in the Governor’s Program on Abstinence were “furthering religious objectives.”[3]
Also in 2002, Porteous overturned a federal ban on rave paraphernalia such as glowsticks, pacifiers, and dust masks, originally banned due to the subculture’s ties to recreational drugs such as Ecstasy[4], after the American Civil Liberties Union successfully claimed the ban to be unconstitutional.[4] He had previously ruled in 1999 against a Louisiana law aimed at banning the late-term abortion procedure known as partial birth abortion in a procedure known as dilation and extraction.[5]
In 2001, Porteous filed for bankruptcy,[6][7] which led to revelations in the press about his private life, specifically the fact that he was alleged to have had close ties with local bail bond magnate Louis Marcotte III,[6][7] at the center of a corruption probe, which has more recently led to his being the subject of investigation himself by federal investigators.[6][7] In May 2006, Porteous, beset by the recent loss of his home due to Hurricane Katrina in August 2005[6][7] and the death of his wife a few months later,[6][7] and still under investigation by a federal grand jury, was granted temporary medical leave and began a year-long furlough from the federal bench.[6][7]
During the Senate trial for impeachment, Jonathan Turley, acting in Judge Porteous’s defense, announced that Judge Porteous has decided to leave the federal bench in 2011 if he is not impeached.
CORRECTION:
ARTICLE I- ACTS AS A FEDERAL JUDGE-FEDERAL BENCH TRIAL
ARTICLE II- ACTS AS A STATE JUDGE-BONDSMAN ACTS
ARTICLE III- AS A FEDERAL JUDGE- PERSONAL BANKRUPTCY CASE
ARTICLE IV-AS A STATE JUDGE IN FEDERAL CONFIRMATION PROCESS
“The more narrow question is how does one keep politics out of a proceeding run by elected political officials?” (Frank Mascagni III)
“ay, there’s the rub” (William Shakespeare: Hamlet)
Bruce Alpert, Times-Picayune, New Orleans online story
March, 2010
Summary of Articles of Impeachment from the House Judiciary Committee that were voted on Thursday by the U.S. House of Representatives.
Article I (approved 412-0)
This Article focuses on Judge Porteous’s misconduct in relation to presiding over the case In re: Liljeberg Enterprises, Inc. The record reflects that Judge Porteous was engaged in a corrupt kickback scheme with the law firm of Amato & Creely, that he failed to disclose his relationship with the firm, and that he denied a motion to recuse himself from the case despite the firm=s representation of one of the parties. The kickback scheme involved appointing Mr. Creely as a curator in hundreds of cases, with fees amounting to approximately $40,000 paid to the Amato & Creely firm, approximately half of which was paid back to Judge Porteous. Judge Porteous made intentionally misleading statements at the recusal hearing intended to minimize the extent of this personal relationship with the firm. The record also reflects that Judge Porteous engaged in corrupt conduct after the bench trial and while the case was under advisement, by soliciting and accepting things of value from attorneys at the firm, including $2,000 in cash.
The Article finds that 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 office.
Article II (approved 410-0)
This Article focuses on Judge Porteous’s corrupt relationship with bail bondsman Louis Marcotte and his sister Lori. The record reflects that as part of this corrupt relationship, Judge Porteous solicited and accepted numerous things of value, including meals, trips, home and car repairs, for his personal use and benefit while at the same time taking official actions on behalf of the Marcottes. This included setting, reducing, and splitting bonds for the Marcottes while on the State bench, and improperly setting aside or expunging felony convictions for two Marcotte employees. Judge Porteous also used the power and prestige of his office to assist the Marcottes in forming relationships with State judicial officers and others. Judge Porteous also knew and understood that Louis Marcotte made false statements to the FBI in an effort to assist his appointment to the Federal bench.
The Article finds that Judge Porteous 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.
Article III (approved 416-0)
This Article focuses on Judge Porteous’s repeated false and misleading statements, including the concealment of debts, under oath and in disregard of a bankruptcy court’s orders. The record reflects that as a Federal judge he knowingly and intentionally made material false statements and representations under penalty of perjury and repeatedly violated a court order in his case. This included using a false name and post office box to conceal his identity as a debtor in the case; concealing assets, preferential payments to certain creditors, and gambling losses and debts; and incurring new debts while the case was pending in violation of the court=s order.
The Article finds that Judge Porteous’s conduct 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.
Article IV (423-0)
This Article focuses on Judge Porteous’s misconduct in relation to his nomination and Senate confirmation to be a Federal judge. The record reflects that Judge Porteous knowingly made material false statements about his past to both the U.S. Senate and to the FBI in connection with his nomination to the Federal bench in order to conceal corrupt relationships. In addition, Judge Porteous knew that another individual made false statements to the FBI in an effort to assist his appointment to the Federal bench.
The Article finds that Judge Porteous’s failure to disclose these corrupt relationships deprived the U.S. Senate and the public of information that would have had a material impact on his confirmation
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MY TAKE: Blouise:
Art. I acts while a federal judge
Art. II, III and IV while a state judge
The House has impeached by the return of these 4 articles in March, 2010. I predict this 12 member senate committee will refer all 4 articles to the full senate by November 15, 2010.
I think Jon and team have a shot at convincing 34 senators to dismiss rather than convict Judge Porteous on 3 of the 4 articles for acts while he was not a federal judge. The closer vote will be article I, while he was in fact sitting as a federal judge.
Jon and team have no shot, I predict, to receive any meaningful assistance from this 12 member trial committee.
Te system only ever works if it is fair and free from political considerations. The more narrow question is how does one keep politics out of a proceeding run by elected political officials?
AY,
It has been my experience that when you begin a post with the words:
“Maybe I am wrong, but” … you never are.
Frank Mascagni III,
Given all the points you made, given the fact that the system failed to bring charges in all these alleged infractions let alone gain convictions, given the provable lack of impartiality or even basic judicial fairness on the part of the chair/committee, and given the strong possibility that none of these charges are impeachable acts … if the Senate votes to convict and the Judge is impeached, hasn’t our Justice System failed from top to bottom?
Maybe I am wrong, but he can have his ticket to practice law in the state of Louisiana and still sit as a Federal Judge. ArtIII make no provision to be a licensed attorney…..
Frank,
I will gladly stipulate to your amendment.