CONGRESSIONAL RECORD—HOUSE, Vol. 156, Pt. 3 March 11

CONGRESSIONAL RECORD—HOUSE, Vol. 156, Pt. 3 March 11

3148 CONGRESSIONAL RECORD—HOUSE, Vol. 156, Pt. 3 March 11, 2010 prestige of his office to assist the Marcottes ‘‘not know of any unfavorable information Crowley Johnson, Sam Obey in forming relationships with State judicial that may affect [his] nomination’’. Judge Cuellar Jones Olson officers and individuals important to the Porteous signed that questionnaire by swear- Culberson Jordan (OH) Olver Cummings Kagen Ortiz Marcottes’ business. As Judge Porteous well ing that ‘‘the information provided in this Dahlkemper Kanjorski Owens knew and understood, Louis Marcotte also statement is, to the best of my knowledge, Davis (CA) Kaptur Pallone made false statements to the Federal Bureau true and accurate’’. Davis (IL) Kennedy Pascrell of Investigation in an effort to assist Judge However, in truth and in fact, as Judge Davis (KY) Kildee Pastor (AZ) Porteous in being appointed to the Federal Porteous then well knew, each of these an- Davis (TN) Kilpatrick (MI) Paul bench. swers was materially false because Judge DeFazio Kilroy Paulsen Accordingly, Judge G. Thomas Porteous, Porteous had engaged in a corrupt relation- DeGette Kind Payne Delahunt King (IA) Pence Jr., has engaged in conduct so utterly lack- ship with the law firm Amato & Creely, Dent King (NY) Perlmutter ing in honesty and integrity that he is guilty whereby Judge Porteous appointed Creely as Diaz-Balart, M. Kingston Perriello of high crimes and misdemeanors, is unfit to a ‘‘curator’’ in hundreds of cases and there- Dicks Kirk Peters hold the office of Federal judge, and should after requested and accepted from Amato & Doggett Kirkpatrick (AZ) Peterson be removed from office. Creely a portion of the curatorship fees Donnelly (IN) Kissell Petri Doyle Klein (FL) Pingree (ME) ARTICLE III which had been paid to the firm and also had engaged in a corrupt relationship with Louis Dreier Kline (MN) Pitts Beginning in or about March 2001 and con- Driehaus Kosmas Platts and Lori Marcotte, whereby Judge Porteous tinuing through about July 2004, while a Fed- Duncan Kratovil Poe (TX) solicited and accepted numerous things of eral judge in the United States District Edwards (MD) Kucinich Polis (CO) value, including meals, trips, home repairs, Court for the Eastern District of Louisiana, Edwards (TX) Lamborn Pomeroy and car repairs, for his personal use and ben- Ehlers Lance Posey G. Thomas Porteous, Jr., engaged in a pat- efit, while at the same time taking official Ellison Langevin Price (GA) tern of conduct inconsistent with the trust actions that benefitted the Marcottes. As Ellsworth Larsen (WA) Price (NC) and confidence placed in him as a Federal Judge Porteous well knew and understood, Emerson Latham Putnam judge by knowingly and intentionally mak- Eshoo LaTourette Quigley Louis Marcotte also made false statements ing material false statements and represen- Etheridge Latta Radanovich to the Federal Bureau of Investigation in an tations under penalty of perjury related to Fallin Lee (CA) Rahall effort to assist Judge Porteous in being ap- his personal bankruptcy filing and by repeat- Farr Lee (NY) Rangel pointed to the Federal bench. Judge Fattah Levin Rehberg edly violating a court order in his bank- Porteous’s failure to disclose these corrupt Filner Lewis (CA) Reichert ruptcy case. Judge Porteous did so by— relationships deprived the United States Flake Lewis (GA) Reyes (1) using a false name and a post office box Senate and the public of information that Fleming Linder Richardson address to conceal his identity as the debtor Forbes Lipinski Rodriguez would have had a material impact on his in the case; Fortenberry LoBiondo Roe (TN) confirmation. (2) concealing assets; Foster Loebsack Rogers (KY) Wherefore, Judge G. Thomas Porteous, Jr., (3) concealing preferential payments to Foxx Lofgren, Zoe Rogers (MI) is guilty of high crimes and misdemeanors Franks (AZ) Lowey Rohrabacher certain creditors; and should be removed from office. Frelinghuysen Lucas Rooney (4) concealing gambling losses and other Fudge Luetkemeyer Ros-Lehtinen gambling debts; and Mr. CONYERS (during the reading). Gallegly Luja´ n Roskam (5) incurring new debts while the case was Mr. Speaker, I ask unanimous consent Garamendi Lummis Ross pending, in violation of the bankruptcy that the resolution be considered as Garrett (NJ) Lungren, Daniel Rothman (NJ) court’s order. read. Gerlach E. Roybal-Allard In doing so, Judge Porteous brought his Giffords Lynch Royce The SPEAKER pro tempore (Mr. Gingrey (GA) Mack Ruppersberger court into scandal and disrepute, prejudiced JACKSON of Illinois). Is there objection Gohmert Maffei Rush public respect for and confidence in the Fed- to the request of the gentleman from Gonzalez Maloney Ryan (OH) eral judiciary, and demonstrated that he is Goodlatte Marchant Ryan (WI) unfit for the office of Federal judge. Michigan? Gordon (TN) Markey (CO) Salazar Wherefore, Judge G. Thomas Porteous, Jr., There was no objection. Granger Markey (MA) Sa´ nchez, Linda is guilty of high crimes and misdemeanors Graves Marshall T. f and should be removed from office. Grayson Matheson Sanchez, Loretta Green, Al Matsui Sarbanes ARTICLE IV CALL OF THE HOUSE Green, Gene McCarthy (CA) Scalise Griffith McCarthy (NY) Schakowsky In 1994, in connection with his nomination Mr. SENSENBRENNER. Mr. Speak- to be a judge of the United States District Grijalva McCaul Schauer er, I move a call of the House. Guthrie McClintock Schiff Court for the Eastern District of Louisiana, A call of the House was ordered. Gutierrez McCollum Schmidt G. Thomas Porteous, Jr., knowingly made Hall (NY) McCotter Schock material false statements about his past to The call was taken by electronic de- Hall (TX) McDermott Schrader both the United States Senate and to the vice, and the following Members re- Halvorson McGovern Schwartz Federal Bureau of Investigation in order to sponded to their names: Hare McHenry Scott (GA) Harman McIntyre Scott (VA) obtain the office of United States District [Roll No. 101] Court Judge. These false statements in- Harper McKeon Sensenbrenner Ackerman Blackburn Capps Hastings (FL) McMorris Serrano cluded the following: Aderholt Blumenauer Capuano Hastings (WA) Rodgers Sessions (1) On his Supplemental SF–86, Judge Adler (NJ) Blunt Carnahan Heinrich McNerney Sestak Porteous was asked if there was anything in Akin Boccieri Carney Heller Meeks (NY) Shadegg his personal life that could be used by some- Alexander Bonner Carson (IN) Hensarling Melancon Shea-Porter one to coerce or blackmail him, or if there Altmire Bono Mack Carter Herger Mica Sherman was anything in his life that could cause an Andrews Boren Cassidy Herseth Sandlin Michaud Shimkus embarrassment to Judge Porteous or the Arcuri Boswell Castle Higgins Miller (FL) Shuler Austria Boucher Castor (FL) Hill Miller (MI) Shuster President if publicly known. Judge Porteous Baca Boustany Chaffetz Himes Miller (NC) Simpson answered ‘‘no’’ to this question and signed Bachmann Boyd Chandler Hinchey Miller, Gary Sires the form under the warning that a false Bachus Brady (PA) Childers Hinojosa Minnick Skelton statement was punishable by law. Baird Brady (TX) Chu Hirono Mitchell Smith (NE) (2) During his background check, Judge Baldwin Braley (IA) Clarke Hodes Mollohan Smith (NJ) Porteous falsely told the Federal Bureau of Barrett (SC) Bright Clay Holt Moore (KS) Smith (TX) Investigation on two separate occasions that Barrow Broun (GA) Cleaver Honda Moore (WI) Smith (WA) Bartlett Brown (SC) Clyburn Hoyer Moran (KS) Snyder he was not concealing any activity or con- Barton (TX) Brown, Corrine Coble Hunter Moran (VA) Souder duct that could be used to influence, pres- Bean Brown-Waite, Coffman (CO) Inglis Murphy (CT) Space sure, coerce, or compromise him in any way Becerra Ginny Cohen Inslee Murphy (NY) Speier or that would impact negatively on his char- Berkley Buchanan Cole Israel Murphy, Tim Spratt acter, reputation, judgment, or discretion. Berman Burgess Conaway Issa Myrick Stearns (3) On the Senate Judiciary Committee’s Berry Burton (IN) Connolly (VA) Jackson (IL) Nadler (NY) Stupak ‘‘Questionnaire for Judicial Nominees’’, Biggert Butterfield Conyers Jackson Lee Napolitano Sullivan Bilbray Calvert Cooper (TX) Neal (MA) Sutton Judge Porteous was asked whether any unfa- Bilirakis Camp Costa Jenkins Neugebauer Tanner vorable information existed that could affect Bishop (GA) Campbell Costello Johnson (GA) Nunes Taylor his nomination. Judge Porteous answered Bishop (NY) Cao Courtney Johnson (IL) Nye Teague that, to the best of his knowledge, he did Bishop (UT) Capito Crenshaw Johnson, E.B. Oberstar Terry VerDate Mar 15 2010 09:43 Apr 23, 2013 Jkt 089102 PO 00000 Frm 00004 Fmt 0688 Sfmt 0634 E:\BR10\H11MR0.000 H11MR0 emcdonald on DSK67QTVN1PROD with BOUND RECORD March 11, 2010 CONGRESSIONAL RECORD—HOUSE, Vol. 156, Pt. 3 3149 Thompson (CA) Van Hollen Weiner Porteous has engaged in misconduct in peach a sitting Federal judge. This is a Thompson (MS) Vela´ zquez Welch Thompson (PA) Visclosky Westmoreland various spheres of his public life span- very serious power which Congress does Thornberry Walden Whitfield ning decades. His misconduct is de- not take lightly. Impeachment by the Tiahrt Walz Wilson (OH) scribed in detail in the report filed by House constitutes one of the few Tiberi Wamp Wilson (SC) our committee, which is available to checks on the judiciary and is to be Tierney Wasserman Wittman Titus Schultz Wolf any Member that wishes a copy, and used only in instances when a judge be- Tonko Waters Woolsey our committee has subsequently voted trays his office or proves unfit to hold Tsongas Watson Wu unanimously to recommend four arti- that position of trust. In fact, only 14 Turner Watt Yarmuth Upton Waxman Young (AK) cles of impeachment. Our Chair of the Federal judges have been impeached by Impeachment Task Force, ADAM the House in our entire Nation’s his- ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE SCHIFF, is going to expand on the de- tory, with four of these occurring in The SPEAKER pro tempore (during tails. the past 24 years.

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