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Thursday, September 23, 2010

Just the Beginning, as Federal Judge's Impeachment Trial Ends

Federal judge's impeachment trial ends
The Washington Post FEDERAL EYE by Ed O'Keefe - September 23, 2010 11am

The Senate impeachment trial of a federal judge is over, but he'll have to wait until after the midterm elections to learn his fate. Judge G. Thomas Porteous Jr. of New Orleans was impeached by the House in March and a committee of 12 senators spent most of the last 10 days hearing 30 hours of testimony from 27 witnesses regarding the four articles of impeachment. The proceedings included tales of a Las Vegas bachelor party, buckets of shrimp and other highlights of the often-sordid state of Louisiana politics. (Colleague Ann Gerhart brilliantly captured the scene last week.) The Senate Impeachment Trial Committee, chaired by Claire McCaskill (D-Mo.), plans to submit a full report on the proceedings to the full Senate by mid-November. Aides stress that the report will not recommend how the full Senate should vote, but will instead summarize the testimony and evidence for each senator to review. Once the Senate is ready to debate and vote on the case, Porteous's lawyers and members of the House of Representatives will make their closing arguments on the Senate floor. A conviction on just one of the articles is enough to remove Porteous from office.

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Impeachment trial begins for Louisiana federal judge

The Washington Post by Ann Gerhart - Friday, September 17, 2010; A5

In his long career as a prosecutor and state and federal judge, the Honorable Gabriel Thomas Porteous of New Orleans has tried and presided over hundreds of cases involving malfeasance and misdeeds. This week, in a chilly Senate hearing room, he is the defendant, accused of decades of corruption, in an impeachment trial that could result in him being kicked off the federal bench. The trial is an extraordinary spectacle, featuring allegations that lawyers and bail bondsmen plied the judge, a reformed drinker and gambler, with gifts to gain his courtroom favor. Cash in envelopes. Bottles of Absolut and coolers of shrimp. A Vegas bachelor party for Porteous's son, complete with lap dance. It showcases both the often-sordid politics of Louisiana and a struggle over constitutional precedents. But while this is the first Senate impeachment trial since President Bill Clinton's in 1999, and the first for a member of the judiciary since 1989, the historic procedure is underway largely outside the zone of the public's attention. Amid the tumult of the midterm campaigns, Washington's attention has been occupied elsewhere. The same room, No. 216 in the Hart Senate Office Building, was packed two months ago for the confirmation hearings of Supreme Court justice Elena Kagan. Now it sits mostly empty of press and spectators.

The place is full, however, with prosecutorial heft, rare bipartisan teamwork and top-drawer defense lawyers who have increasingly been trying the patience of Sen. Claire McGaskill (D-M0.), a former city and county prosecutor who is chairing the 12-member Senate Impeachment Trial Committee. The panel will make recommendations to the full Senate, which is expected to vote on impeachment sometime after the November elections. A team of six House impeachment managers, headed by Rep. Adam Schiff (D-Calif.), a former U.S. attorney who tried public corruption cases, is prosecuting the four articles of impeachment, which also include charges that Porteous lied on his 2001 bankruptcy petition and to FBI agents who were conducting background checks after he was nominated to the 5th Circuit Court. Porteous's defense lawyers, led by Georgetown University professor Jonathan Turley, say the charges are overblown and do not rise to the "high crimes" described in the U.S. Constitution. He urged senators to consider carefully before making Porteous the only judge in U.S. history to be forced off the bench through impeachment without having been charged with a crime. "The secret is out, Judge Porteous gambled, he probably gambled too much," Turley said in his opening statements Monday, "but that's not illegal." Schiff countered that the House voted unanimously in March that Porteous's conduct was "so violative of the public trust that he cannot be allowed to remain on the bench without making a mockery of the court system."

Porteous, 63, a large, balding man with thick gold rings on each hand, is suspended from the bench but still collecting his salary. He has sat impassively at the defense table, sometimes making a note or two on a legal pad, as a string of colorful characters have spilled the alleged tale of his dishonor and human failings. His Metairie home was destroyed in Hurricane Katrina. Four months later, his wife, Carmella, died of a heart attack, his son testified Wednesday. "After that, he became very isolated, he stayed at home, he was depressed," said Timothy Porteous, also a lawyer. Mutterings about the ethics of Porteous, a state judge for ten years and former prosecutor, began almost as soon as he landed on it in 1994. He was suspected of being way too cozy with Louis and Lori Marcotte, a pair of siblings who had monopolized the lucrative bail-bond business on the West Bank, and he was one of the local judges investigated in Operation Wrinkled Robe, a wide-ranging FBI investigation into corruption at the Jefferson Parish courthouse. Two of his fellow state judges went off to jail for mooching off the Marcottes, and a third was taken off the bench by the state Supreme Court. Marcotte took the judge to Las Vegas and treated him to expensive lunches, he testified this week, and his employees fixed Porteous's fence and his cars, often returning them from the detailing shop with the vodka or shrimp left inside as a special goody bag. Lawyers slipped Porteous cash, prosecutors charge, to influence their cases before his bench. The defense says those lawyers were longtime friends just trying to help out a man they knew had fallen on tough times because of gambling debts.

The judge's longtime secretary, Rhonda Danos, testified that she picked up an envelope in 1999 from Jacob Amato, a lawyer the judge's son said he called "Uncle Jake," who had a case pending with the judge. When Danos asked Amato's secretary what was in the envelope, "she just rolled her eyes," Danos said. "I said, 'Never mind, I don't want to know.' " Prosecutors said the envelope was stuffed with $2,000 or so in cash. Danos also paid the judge's gambling markers at casinos, she testified, after he and his wife filed for bankruptcy in 2001, initially under false names. Prosecutors charge Porteous accumulated thousands of additional gambling debt after the filing and never disclosed it to the court. The impeachment trial's rules of evidence are unlike civil or criminal trials, and McGaskill often has leaned over to seek guidance from Sen. Orrin Hatch (R-Utah), the committee's vice-chairman and a longtime Judiciary Committee member. And the case is complicated, for all of the hours of narrative that would seem to place Porteous in the parade of infamous Louisiana public servants, from former Rep. William Jefferson (D-La.) with his cash in the freezer all the way back to Huey P. Long. The FBI and the Justice Department conducted a lengthy criminal investigation of corruption and declined to press charges against Porteous more than three years ago. And Porteous has said he will retire in a few months, but if the Senate voted to impeach, he would lose his substantial federal pension."The House has pursued impeachment despite the fact that Judge Porteous will retire in a matter of months and has already been severely sanctioned by the Fifth Circuit (mainly a suspension from hearing cases) for the appearance of impropriety created by his actions," his lawyers said in their pretrial brief. "If removed on the basis of an appearance of impropriety, the Senate would set a dangerously low and ill-defined standard for future impeachments."

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The Senate Impeachment Trial Committee

Pursuant to the United States Constitution, the Senate holds "the sole Power to try all Impeachments." Impeachment trials in the Senate are rare; 15 impeachment trials have been completed over the 221-year history of the Senate, while three others terminated due to the resignation of the judges in question. On March 11, 2010, the House of Representatives approved four articles of impeachment against Judge G. Thomas Porteous, Jr. of the U.S. District Court for the Eastern District of Louisiana. On March 17, 2010, the Senate organized for the impeachment trial of Judge Porteous. The Senate Impeachment Trial Committee is charged with receiving evidence and taking testimony on behalf of the entire Senate. The Committee must report "to the Senate in writing a certified copy of the transcript of the proceedings and testimony had and taken" by the Committee. In addition to a certified copy of the transcript of the proceedings and testimony, the Committee is authorized to report to the Senate a statement of facts that are uncontested and a summary, with appropriate references to the record, of evidence that the parties have introduced on contested issues of fact.

17 comments:

Anonymous said...

CLEAN UP OUR JUDICIARY !!

Anonymous said...

It really is time to get rid of "judicial immunity."

All a law licence really is, is a licence to steal and ruin anybody's life.

Anonymous said...

Did Judge Poreous collect the cash envelopes before he left Washington?

A Pox On Them All said...

Where's the prosecution by Justice Department, RICO charges for all the attorneys paying in and forfeiture of all the money and jail? The public would love to hear some other judge rule that judicial immunity applied. This is not Justice, it's a cover for judicial immunity.

Anonymous said...

Hello Judge Flaherty,

You should be removed from the bench immediately......
I know you were all had and it took months to figure out who is making these fake calls and this fake paperwork........
You should have called that one a mistrial, immediately
Innocent people got hurt, trying to protect the RICO operation set up by the Niagara County Crud......


Remove him from the bench for not having a full scale investigation at that time.

Karen M Summers

This judge better not be related to Flaherty & Shea
that would explain alot!
These neighbors better be arrested!

Anonymous said...

Dear Sharon Townsend,

Check out the Medicaid Fraud with 1/2 million bucks in property these low lifes own, including the dirty bar, that bastard just put a new door on and I hope it is bullet proof. Lying sack of scums!

Anonymous said...

that is only more solid proof this group is nothing but a bunch of lying cheating whores.......
so they think everyone else is just like them.........
sorry low lifes, you are sadly mistaken and you will go to HELL!

Anonymous said...

Frances Giles,

Time to turn your low life friends in, someone taught them this shit.......
Since you guys all spend time, camping and drinking together
May your next meeting be in HELL, unless you repent......
Like over to the FEDS!

Anonymous said...

Please see this website before you decided to donate money to another non-profit organization.

www.leukemiascandal.com

Anonymous said...

anyone know much about this Crystal Cox so called "Truth" blogger?

Ironically when someone posted a Comment at her blog thru all the proper channels questioning her to provide some verifiable proof to some of her actions and publications she removed the Comment?

does this sound like a "truth" blogger?

i hear she is also Falsely accusing people publicly of having committed criminal acts against her by posting Hate messages at this Blog YET she can NOT respond to questions about the Truth?

anyone know her address for service of Legal papers?

guess she will just get tagged in a Deposition or something as others wastefully provide years of ammunition to their adversaries.

way to go!

Anonymous said...

back in the high school days that could have been said as, "Smoothe move, Exlax"

Anonymous said...

I know a smooth move, need the names of some of these lying insurance cheats......
I guarantee and Independent medical review will not pass them!

Neither will they pass on where those drugs are going, it will not show up in their bodies that is for sure.

Anonymous said...

I know a smooth move, need the names of some of these lying insurance cheats......
I guarantee and Independent medical review will not pass them!

Neither will they pass on where those drugs are going, it will not show up in their bodies that is for sure.

ny victim said...

Come on up to NY you'll get more than just one corrupt federal judge! The boys in NY will show the country boys a few things about corruption.

Anonymous said...

here is another smooth move
this group who lies, (Sodomizers) they do not care who they lie to or about as long as the get fake claims and free gov't cheese......
take away their cheese!

Is anyone noticing this is going on all over the country and how could that be possible unless the Federal Gov't is aware & helping!

Anti Christ is ruling

It time for Christians to speak out!

Anonymous said...

Sodomizers your days of painting anything over were over 5 years ago, WE CAUGHT YOU!
HAVE NICE LIFE IN PRISON!

Anonymous said...

what judicial immunity-
cash- I know nothing and it did not happen and look I have the paperwork(fake) to prove it!

why shouldn't judges have judicial immunity, lawyers have legal immunity......they just do not tell anyone that so you pay them to screw you!

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See Video of Senator John L. Sampson's 1st Hearing on Court 'Ethics' Corruption

The first hearing, held in Albany on June 8, 2009 hearing is on two videos:


               Video of 1st Hearing on Court 'Ethics' Corruption
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