S1644 CONGRESSIONAL RECORD — SENATE March 17, 2010 police sometimes used violence to prevent spect. That is why we should all say a The PRESIDING OFFICER. Without groups from engaging in peaceful protest. silent prayer and a public word of sup- objection, it is so ordered. It will be very interesting to see how port for Russia’s courageous human f the police and the government treat rights activists, as they make their RECESS these demonstrations that will take voices heard this Saturday. These place across Russia on March 20. These brave men and women want the best Mr. ROCKEFELLER. I ask unani- conditions would be intolerable in any for their country. They want a govern- mous consent that the Senate stand in country, and this conduct would be un- ment that is not only strong but just, recess until 2 p.m. acceptable for any government. Clear- peaceful, inclusive, and democratic. I There being no objection, the Senate, ly, Russia today is not the Soviet urge Russia’s leaders to recognize that at 12:27 p.m., recessed until 2 p.m. and Union, neither in its treatment of Rus- peaceful champions of universal values reassembled when called to order by sia’s people nor in its foreign policy. are not a threat to Russia, and that the Acting President pro tempore. But I fear that may be damning with groups such as this should not face the Mr. UDALL of Colorado. Mr. Presi- faint praise, and Russians themselves kinds of violence, repression, and in- dent, I suggest the absence of a are right to hold their country and timidation that Russian authorities quorum. their government up to higher stand- have used against similar demonstra- The ACTING PRESIDENT pro tem- ards. tors in the past. The eyes of the world pore. The clerk will call the roll. The legislative clerk proceeded to Russia is a great nation, and like all will be watching. call the roll. Americans of good will, I want Russia Mr. President, I suggest the absence The PRESIDING OFFICER (Mr. to be strong and successful. I want Rus- of a quorum. sia’s economy to be a vibrant source of INOUYE). A quorum is present. The PRESIDING OFFICER. The The majority leader is recognized. wealth and opportunity for all Rus- clerk will call the roll. Mr. REID. Thank you, Mr. President. sians. I want Russia to play a proud The assistant legislative clerk pro- and responsible role in world affairs. I ceeded to call the roll. f will continue to affirm in public and in Mr. ROCKEFELLER. I ask unani- EXHIBITION OF ARTICLES OF IM- private that the best way for Russians mous consent that the order for the PEACHMENT AGAINST G. THOM- to secure what they say they care quorum call be rescinded. AS PORTEOUS, JR., JUDGE OF about most—reduced corruption, a The PRESIDING OFFICER. Without THE UNITED STATES DISTRICT strengthened and equitable rule of law, objection, it is so ordered. COURT FOR THE EASTERN DIS- economic modernization—is by nur- f TRICT OF LOUISIANA turing a pluralistic and free civil soci- AMENDMENT NO. 3467, AS Mr. REID. Mr. President, I ask unan- ety, by building independent and sus- MODIFIED imous consent that the Secretary in- tainable institutions of democracy, and form the House of Representatives that Mr. ROCKEFELLER. I ask unani- by respecting the human rights of all. the Senate is ready to receive the man- mous consent that notwithstanding the I was happy to see that Russian polit- agers appointed by the House for the adoption of amendment No. 3467, that ical parties not aligned with the Krem- purpose of exhibiting Articles of Im- it be modified with the changes at the lin actually won more seats in regional peachment against G. Thomas desk. parliamentary elections this week. Porteous, Jr., Judge of the United The PRESIDING OFFICER. Without Perhaps this signals a growing recogni- States District Court for the Eastern objection, it is so ordered. tion among Russians that the authori- District of Louisiana, agreeably to the tarian tendencies of the Kremlin need The amendment (No. 3467), as modi- fied, is as follows: notice communicated to the Senate, to be rolled back through popular oppo- and at the hour of 2 p.m., today, sition. Perhaps the Russian Govern- On page 130, after line 24, insert the fol- lowing: Wednesday, March 17, 2010, the Senate ment could allow future elections at will receive the honorable managers on all levels to be freer and fairer. Per- SEC. 434. AUTHORIZATION OF USE OF CERTAIN LANDS IN THE LAS VEGAS the part of the House of Representa- haps. But there is still a long way to go MCCARRAN INTERNATIONAL AIR- tives in order that they may present for the cause of democracy in Russia, PORT ENVIRONS OVERLAY DISTRICT and exhibit the said Articles of Im- and I hope these small electoral gains FOR TRANSIENT LODGING AND AS- SOCIATED FACILITIES. peachment against the said G. Thomas only embolden democracy’s defenders. Porteous, Jr., Judge of the United As we speak up for the rights of Rus- (a) IN GENERAL.—Notwithstanding any other provision of law and except as provided States District Court for the Eastern sia’s dissidents, we must do the same in subsection (b), Clark County, Nevada, is District of Louisiana. for the rights of Russia’s neighbors as authorized to permit transient lodging, in- The PRESIDING OFFICER. Without well—neighbors such as the country of cluding hotels, and associated facilities, in- objection, it is so ordered. Georgia. I visited Georgia in January, cluding enclosed auditoriums, concert halls, Mr. REID. Mr. President, I ask unan- and I had a chance to travel to the so- sports arenas, and places of public assembly, imous consent that the following coun- called ‘‘administrative boundary line’’ on lands in the Las Vegas McCarran Inter- sel and staff of the House of Represent- national Airport Environs Overlay District with the breakaway region of atives be permitted the privileges of Abkhazia. On the other side of that that fall below the forecasted 2017 65 dB day- night annual average noise level (DNL), as the floor during the proceedings with boundary line is sovereign Georgian identified in the Noise Exposure Map Notice respect to the trial of the impeachment territory occupied by Russian troops, published by the Federal Aviation Adminis- of Judge Porteous. They are as follows: as it has been since the 2008 invasion. tration in the Federal Register on July 24, Danielle Brown, Allison Halataei, Alan When I was in Munich last month for 2007 (72 Fed. Reg. 40357), and adopted into the Baron, Harry Damelin, Mark Dubester, an annual security conference, I heard Clark County Development Code in June Kirsten Konar, Jessica Klein, Branden several Russian officials speaking from 2008. Ritchie, Michael Len, Phil Tahtakran, (b) LIMITATION.—No structure may be per- the same script, alleging acts of ag- Ryan Clough, and Elisabeth Stein. gression by Georgian forces against mitted under subsection (a) that would con- stitute a hazard to air navigation, result in The PRESIDING OFFICER. Without Russian peacekeepers—the same kind an increase to minimum flight altitudes, or objection, it is so ordered. of rhetoric we heard before the 2008 in- otherwise pose a significant adverse impact The Senate will be in order. vasion. This should give us all pause. I on airport or aircraft operations. I will now call upon the Secretary for know Washington has a lot of foreign f the majority. policy challenges at the moment, but The Secretary to the majority, Lula we cannot forget Georgia and the sup- SIGNING AUTHORIZATION J. Davis, announced the presence of the port it deserves amid a continuing Mr. ROCKEFELLER. Mr. President, I House managers, as follows: threat from its neighbor to the north. ask unanimous consent that the major- Mr. President, I announce the pres- A Russian government that better ity leader be authorized to sign any ence of the managers on the part of the protects the human dignity of its peo- duly enrolled bills or joint resolutions House of Representatives to conduct ple would be more inclined to deal with today, Wednesday, March 17, and proceedings on behalf of the House con- its neighbors in peace and mutual re- Thursday, March 18. cerning the impeachment of G. Thomas

VerDate Nov 24 2008 01:12 Mar 18, 2010 Jkt 089060 PO 00000 Frm 00012 Fmt 4624 Sfmt 0634 E:\CR\FM\G17MR6.025 S17MRPT1 jbell on DSKDVH8Z91PROD with SENATE March 17, 2010 CONGRESSIONAL RECORD — SENATE S1645 Porteous, Jr., Judge of the United H. RES. 1031 Wherefore, Judge G. Thomas Porteous, Jr., States District Court for the Eastern Resolved, That G. Thomas Porteous, Jr., a is guilty of high crimes and misdemeanors District of Louisiana. judge of the United States District Court for and should be removed from office. The PRESIDING OFFICER. The the Eastern District of Louisiana, is im- ARTICLE II managers on the part of the House will peached for high crimes and misdemeanors, G. Thomas Porteous, Jr., engaged in a be received and assigned their seats. and that the following articles of impeach- ment be exhibited to the Senate: longstanding pattern of corrupt conduct that The managers (Mr. SCHIFF, Ms. ZOE Articles of impeachment exhibited by the demonstrates his unfitness to serve as a LOFGREN of California, Mr. JOHNSON of House of Representatives of the United United States District Court Judge. That Georgia, Mr. GOODLATTE, and Mr. SEN- States of America in the name of itself and conduct included the following: Beginning in SENBRENNER) were thereupon escorted all of the people of the United States of or about the late 1980s while he was a State by the Sergeant at Arms of the Senate, America, against G. Thomas Porteous, Jr., a court judge in the 24th Judicial District Terrance W. Gainer, to the well of the judge in the United States District Court for Court in the State of Louisiana, and con- Senate. the Eastern District of Louisiana, in mainte- tinuing while he was a Federal judge in the nance and support of its impeachment United States District Court for the Eastern The PRESIDING OFFICER. The Ser- District of Louisiana, Judge Porteous en- geant at Arms will make a proclama- against him for high crimes and mis- demeanors. gaged in a corrupt relationship with bail tion. bondsman Louis M. Marcotte, III, and his ARTICLE I The Sergeant at Arms, Terrance W. sister Lori Marcotte. As part of this corrupt Gainer, made the proclamation, as fol- G. Thomas Porteous, Jr., while a Federal relationship, Judge Porteous solicited and lows: judge of the United States District Court for accepted numerous things of value, including Hear ye! Hear ye! Hear ye! All per- the Eastern District of Louisiana, engaged in meals, trips, home repairs, and car repairs, a pattern of conduct that is incompatible sons are commanded to keep silent, on for his personal use and benefit, while at the with the trust and confidence placed in him same time taking official actions that bene- pain of imprisonment, while the House as a Federal judge, as follows: fitted the Marcottes. These official actions of Representatives is exhibiting to the Judge Porteous, while presiding as a by Judge Porteous included, while on the Senate of the United States Articles of United States district judge in Lifemark State bench, setting, reducing, and splitting Impeachment against G. Thomas Hospitals of Louisiana, Inc. v. Liljeberg En- bonds as requested by the Marcottes, and im- Porteous, Jr., Judge of the United terprises, denied a motion to recuse himself properly setting aside or expunging felony States District Court for the Eastern from the case, despite the fact that he had a convictions for two Marcotte employees (in District of Louisiana. corrupt financial relationship with the law one case after Judge Porteous had been con- firm of Amato & Creely, P.C. which had en- firmed by the Senate but before being sworn The PRESIDING OFFICER. The tered the case to represent Liljeberg. In de- managers on the part of the House will in as a Federal judge). In addition, both nying the motion to recuse, and in con- while on the State bench and on the Federal proceed. travention of clear canons of judicial ethics, bench, Judge Porteous used the power and Mr. Manager SCHIFF. Mr. President, Judge Porteous failed to disclose that begin- prestige of his office to assist the Marcottes the managers on the part of the House ning in or about the late 1980s while he was in forming relationships with State judicial of Representatives are here present and a State court judge in the 24th Judicial Dis- officers and individuals important to the ready to present the Articles of Im- trict Court in the State of Louisiana, he en- Marcottes’ business. As Judge Porteous well peachment, which have been preferred gaged in a corrupt scheme with attorneys, knew and understood, Louis Marcotte also Jacob Amato, Jr., and Robert Creely, where- by the House of Representatives made false statements to the Federal Bureau by Judge Porteous appointed Amato’s law against G. Thomas Porteous, Jr., Judge of Investigation in an effort to assist Judge partner as a ‘‘curator’’ in hundreds of cases Porteous in being appointed to the Federal of the United States District Court for and thereafter requested and accepted from bench. the Eastern District of Louisiana. Amato & Creely a portion of the curatorship Accordingly, Judge G. Thomas Porteous, The House adopted the following res- fees which had been paid to the firm. During Jr., has engaged in conduct so utterly lack- the period of this scheme, the fees received olution which, with the permission of ing in honesty and integrity that he is guilty by Amato & Creely amounted to approxi- the President of the Senate, I will read: of high crimes and misdemeanors, is unfit to mately $40,000, and the amounts paid by H. RES. 1165 hold the office of Federal judge, and should Amato & Creely to Judge Porteous amount- be removed from office. Resolved, That Mr. Schiff, Ms. Zoe Lofgren ed to approximately $20,000. of California, Mr. Johnson of Georgia, Mr. Judge Porteous also made intentionally ARTICLE III Goodlatte, and Mr. Sensenbrenner are ap- misleading statements at the recusal hearing pointed managers on the part of the House to intended to minimize the extent of his per- Beginning in or about March 2001 and con- conduct the trial of the impeachment of G. sonal relationship with the two attorneys. In tinuing through about July 2004, while a Fed- Thomas Porteous, Jr., a Judge for the United so doing, and in failing to disclose to eral judge in the United States District States District Court for the Eastern Dis- Lifemark and its counsel the true cir- Court for the Eastern District of Louisiana, trict of Louisiana, that a message be sent to cumstances of his relationship with the G. Thomas Porteous, Jr., engaged in a pat- the Senate to inform the Senate of these ap- Amato & Creely law firm, Judge Porteous tern of conduct inconsistent with the trust pointments, and that the managers on the deprived the Fifth Circuit Court of Appeals and confidence placed in him as a Federal part of the House may exhibit the articles of of critical information for its review of a pe- judge by knowingly and intentionally mak- impeachment to the Senate and take all tition for a writ of mandamus, which sought ing material false statements and represen- other actions necessary in connection with to overrule Judge Porteous’s denial of the tations under penalty of perjury related to preparation for, and conduct of, the trial, recusal motion. His conduct deprived the his personal bankruptcy filing and by repeat- which may include the following: parties and the public of the right to the edly violating a court order in his bank- (1) Employing legal, clerical, and other honest services of his office. ruptcy case. Judge Porteous did so by— (1) using a false name and a post office box necessary assistants and incurring such Judge Porteous also engaged in corrupt address to conceal his identity as the debtor other expenses as may be necessary, to be conduct after the Lifemark v. Liljeberg in the case; paid from amounts available to the Com- bench trial, and while he had the case under (2) concealing assets; mittee on the Judiciary under House Resolu- advisement, in that he solicited and accepted (3) concealing preferential payments to tion 15, One Hundred Eleventh Congress, things of value from both Amato and his law certain creditors; agreed to January 13, 2009, or any other ap- partner Creely, including a payment of thou- (4) concealing gambling losses and other plicable expense resolution on vouchers ap- sands of dollars in cash. Thereafter, and gambling debts; and proved by the Chairman of the Committee on without disclosing his corrupt relationship (5) incurring new debts while the case was the Judiciary. with the attorneys of Amato & Creely PLC (2) Sending for persons and papers, and fil- pending, in violation of the bankruptcy or his receipt from them of cash and other ing with the Secretary of the Senate, on the court’s order. things of value, Judge Porteous ruled in part of the House of Representatives, any favor of their client, Liljeberg. In doing so, Judge Porteous brought his subsequent pleadings which they consider By virtue of this corrupt relationship and court into scandal and disrepute, prejudiced necessary. his conduct as a Federal judge, Judge public respect for and confidence in the Fed- NANCY PELOSI, eral judiciary, and demonstrated that he is Speaker of the House of Representatives. Porteous brought his court into scandal and disrepute, prejudiced public respect for, and unfit for the office of Federal judge. With the permission of the President confidence in, the Federal judiciary, and Wherefore, Judge G. Thomas Porteous, Jr., of the Senate, I will now read the Arti- demonstrated that he is unfit for the office is guilty of high crimes and misdemeanors cles of Impeachment. of Federal judge. and should be removed from office.

VerDate Nov 24 2008 01:12 Mar 18, 2010 Jkt 089060 PO 00000 Frm 00013 Fmt 4624 Sfmt 0634 E:\CR\FM\G17MR6.032 S17MRPT1 jbell on DSKDVH8Z91PROD with SENATE S1646 CONGRESSIONAL RECORD — SENATE March 17, 2010 ARTICLE IV cle of accusation or impeachment bara Boxer, Scott Brown of Massachu- In 1994, in connection with his nomination which shall be exhibited by them as the setts, Sherrod Brown of Ohio, Sam to be a judge of the United States District case shall require, do demand that the Brownback, Jim Bunning, Richard Court for the Eastern District of Louisiana, said G. Thomas Porteous, Jr., may be Burr, Roland W. Burris, Maria Cant- well, Benjamin L. Cardin, Thomas R. G. Thomas Porteous, Jr., knowingly made put to answer the misdemeanors in of- material false statements about his past to Carper, Robert P. Casey, Jr., Saxby both the United States Senate and to the fice which have been charged against Chambliss, Tom Coburn, Thad Cochran, Federal Bureau of Investigation in order to him in the articles which have been ex- Susan M. Collins, Kent Conrad, Bob obtain the office of United States District hibited to the Senate, and that such Corker, John Cornyn, Mike Crapo, Jim Court Judge. These false statements in- proceedings, examinations, trials, and DeMint, Byron L. Dorgan, Richard cluded the following: judgments may be thereupon had and Durbin, John Ensign, Michael B. Enzi, (1) On his Supplemental SF–86, Judge given as may be agreeable to law and Russell D. Feingold, Dianne Feinstein, Porteous was asked if there was anything in justice. Al Franken, Kirsten E. Gillibrand, his personal life that could be used by some- Lindsey Graham, Chuck Grassley, Judd one to coerce or blackmail him, or if there Mr. President, the managers on the Gregg, Kay R. Hagan, Tom Harkin, was anything in his life that could cause an part of the House of Representatives, Orrin G. Hatch, Kay Bailey Hutchison, embarrassment to Judge Porteous or the by the adoption of the Articles of Im- James M. Inhofe, Daniel K. Inouye, President if publicly known. Judge Porteous peachment which have just been read Johnny Isakson, Mike Johanns, Tim answered ‘‘no’’ to this question and signed to the Senate, do now demand that the Johnson, Edward E. Kaufman, John F. the form under the warning that a false Senate take order for the appearance of Kerry, Amy Klobuchar, Herb Kohl, Jon statement was punishable by law. the said G. Thomas Porteous, Jr., to Kyl, Mary L. Landrieu, Frank R. Lau- (2) During his background check, Judge answer said impeachment and do now tenberg, George S. LeMieux, Carl Porteous falsely told the Federal Bureau of Levin, Joseph I. Lieberman, Blanche L. Investigation on two separate occasions that demand his conviction and appropriate Lincoln, Richard G. Lugar, John he was not concealing any activity or con- judgment thereon. McCain, Claire McCaskill, Mitch duct that could be used to influence, pres- The PRESIDING OFFICER. The ma- McConnell, Robert Menendez, Jeff sure, coerce, or compromise him in any way jority leader. Merkley, Barbara A. Mikulski, Lisa or that would impact negatively on his char- Mr. REID. Mr. President, at this time Murkowski, Patty Murray, Ben Nelson acter, reputation, judgment, or discretion. the oath should be administered in con- of Nebraska, Bill Nelson of Florida, (3) On the Senate Judiciary Committee’s formance with article I, section 3, Mark L. Pryor, Jack Reed, Harry Reid, ‘‘Questionnaire for Judicial Nominees’’, clause 6 of the Constitution of the James E. Risch, Pat Roberts, John D. Rockefeller IV, Bernard Sanders, Judge Porteous was asked whether any unfa- United States and the Senate’s im- vorable information existed that could affect Charles E. Schumer, Jeff Sessions, his nomination. Judge Porteous answered peachment rules. I move that the Sen- Jeanne Shaheen, Richard C. Shelby, that, to the best of his knowledge, he did ator from Kentucky, Mr. MCCONNELL, Olympia J. Snowe, Arlen Specter, ‘‘not know of any unfavorable information be designated by the Senate to admin- Debbie Stabenow, Jon Tester, John that may affect [his] nomination’’. Judge ister the oath to the Presiding Officer Thune, Mark Udall of Colorado, Tom Porteous signed that questionnaire by swear- of the Senate, the Senator from Ha- Udall of New Mexico, David Vitter, ing that ‘‘the information provided in this waii, Mr. INOUYE. George V. Voinovich, Mark R. Warner, statement is, to the best of my knowledge, The PRESIDING OFFICER. Without Jim Webb, Sheldon Whitehouse, Roger true and accurate’’. F. Wicker. However, in truth and in fact, as Judge objection, it is so ordered. Mr. MCCONNELL. Do you solemnly Mr. REID. Mr. President, any Sen- Porteous then well knew, each of these an- ator who was not in the Senate Cham- swers was materially false because Judge swear that in all things appertaining to Porteous had engaged in a corrupt relation- the trial of the impeachment of G. ber at the time the oath was adminis- ship with the law firm Amato & Creely, Thomas Porteous Jr., Judge of the tered to the other Senators will make whereby Judge Porteous appointed Creely as United States District Court for the that fact known to the Chair so that a ‘‘curator’’ in hundreds of cases and there- Eastern District of Louisiana, now the oath may be administered as soon after requested and accepted from Amato & pending, you will do impartial justice as possible to that Senator. The Sec- Creely a portion of the curatorship fees retary will note the names of the Sen- which had been paid to the firm and also had according to the Constitution and laws, so help you God? ators who have been sworn and will engaged in a corrupt relationship with Louis present to them for signing a book, and Lori Marcotte, whereby Judge Porteous Mr. INOUYE. I do. solicited and accepted numerous things of Mr. REID. Mr. President, the oath which will be the Senate’s permanent value, including meals, trips, home repairs, shall now be administered by the Pre- record of the administration of the and car repairs, for his personal use and ben- siding Officer to all Senators. This is oath. I will remind all Senators who efit, while at the same time taking official an appropriate time for any Senator were administered this oath that they actions that benefitted the Marcottes. As must now sign the oath book, which is Judge Porteous well knew and understood, who has cause to be excused from serv- ice in this impeachment to make that at the desk, before leaving the Cham- Louis Marcotte also made false statements ber. to the Federal Bureau of Investigation in an fact known. effort to assist Judge Porteous in being ap- If there is no Senator who desires to f pointed to the Federal bench. Judge be excused, I move that the Presiding ISSUANCE OF A SUMMONS AND Porteous’s failure to disclose these corrupt Officer administer the oath to Mem- FOR RELATED PROCEDURES relationships deprived the United States bers of the Senate. CONCERNING THE ARTICLES OF Senate and the public of information that would have had a material impact on his The PRESIDING OFFICER. Without IMPEACHMENT AGAINST G. confirmation. objection, it is so ordered. THOMAS PORTEOUS, JR. Wherefore, Judge G. Thomas Porteous, Jr., Senators shall now be sworn. Will Mr. REID. Mr. President, on behalf of is guilty of high crimes and misdemeanors Senators rise and raise your hand. myself and the distinguished Repub- and should be removed from office. Do you solemnly swear that in all lican leader, Mr. MCCONNELL, I send NANCY PELOSI, things appertaining to the trial of the to the desk a resolution that provides Speaker of the House of Representatives. impeachment of G. Thomas Porteous, Mr. President, the House of Rep- for the issuance of a summons to Judge Jr., Judge of the United States District G. Thomas Porteous, Jr., for Judge resentatives by protestation, saving to Court for the Eastern District of Lou- themselves the liberty of exhibiting at Porteous’s answer to the Articles of isiana, now pending, you will do impar- Impeachment against him, and for a any time hereafter any further articles tial justice according to the Constitu- replication by the House, and ask for of accusation or impeachment against tion and laws, so help you God? its immediate consideration. the said G. Thomas Porteous, Jr., SENATORS: I do. The PRESIDING OFFICER. The Judge of the United States District The following named Senators are re- clerk will report the resolution by Court for the Eastern District of Lou- corded as having subscribed to the oath title. isiana, and also of replying to his an- this day: The legislative clerk read as follows: swers which he shall make unto the ar- Daniel K. Akaka, Lamar Alexander, John A resolution (S. Res. 457) to provide for ticles preferred against him, and of of- Barrasso, Max Baucus, Evan Bayh, issuance of a summons and for related proce- fering proof to the same and every part Mark Begich, Michael Bennet, Jeff dures concerning the articles of impeach- thereof, and to all and every other arti- Bingaman, Christopher S. Bond, Bar- ment against G. Thomas Porteous, Jr.

VerDate Nov 24 2008 02:09 Mar 18, 2010 Jkt 089060 PO 00000 Frm 00014 Fmt 4624 Sfmt 0634 E:\CR\FM\A17MR6.006 S17MRPT1 jbell on DSKDVH8Z91PROD with SENATE