The United States Senate will convene with all 100 members on Tuesday, December 7th for the final arguments in the impeachment of Judge G. Thomas Porteous. Our weekend crew of contributors has agreed to keep the shop going until after the final vote — likely on Wednesday, December 8th.
The proceedings on Tuesday will begin with argument on three defense motions: (1) the motion to dismiss Article I on the basis of the Supreme Court’s Skilling decision, (2) the motion to dismiss articles on the basis of pre-federal conduct, and (3) the motion to dismiss articles on the basis of the aggregation of claims. I will have one hour to argue the motions below. With me on the Senate floor will be my colleagues from Bryan Cave Dan Schwartz, P.J. Meitl, and Dan O’Connor. Our bankruptcy lawyers from Bryan Cave (Keith Aurzada and Brian Walsh) will not be present for the final arguments. It has been the greatest honor of my career to serve with these Bryan Cave lawyers who are the finest group of litigators that I have seen in action.
Below are the three motions that will be argued:
The Senate decided late last week that it would not deliberate on the motions before going to closing arguments. Instead, it will hear the motions and then take a break for a caucus luncheon.
The Senate will then return for closing arguments and both sides will be given ninety minutes. i will be doing the closing argument for our side. Judge Porteous will be present for both the motions and closing arguments. The Senate will then adjourn for deliberations. We will return to the Senate floor for the final vote.