I think it is important for all of us to recognize the solemnity of this day, and I thank the managers and the task force members that I believe worked in that spirit. As I come from Texas and Houston, I think it is important to note that…
I think it is important for all of us to recognize the solemnity of this day, and I thank the managers and the task force members that I believe worked in that spirit.
As I come from Texas and Houston, I think it is important to note that the judge, as all people may have in America, has his defenders; and he will have an opportunity for those defenders to continue to raise their voice and to continue to emphasize their beliefs. As my colleague from Texas indicated, he had debilitating conditions, and he had faced tragedy. And so that should be recognized.
But I believe what I've come to acknowledge on the floor of the House and, in fact, I am coming to acknowledge is that there is the responsibility constitutionally to follow the law. So article II, section 4, in fact, says that we are to proceed with impeachment specifically if civil officers have engaged in partly or been convicted of treason, bribery or other high crimes and misdemeanors. Specifically in count six of the plea agreement, we find language that says that this judge willingly agreed that he had obstructed justice. He admitted to falsely stating to the Special Investigative Committee of the United States Court of Appeals for the Fifth Circuit, lying to an official judicial body that the extent of his unwanted sexual contact with person B was one kiss, and that when told by person B his advances were unwelcomed, he then further said they were consensual; and that is to block person A from coming forward or having any veracity or anyone to back up what that person has said. I use A and B because I want to, again, respect that these are more than troubling comments and actions against two women who deserve to have a safe and secure workplace.
Then article III indicates that judges must hold their position and they must, in essence, be persons of good behavior. To create a workplace that does not allow the safety and security of your employee and, in particular, witness A and B, that poses a serious problem. So I am interested in making sure that we track the constitutional roadmap that we are now in and that we are aware of the fact that we can track the constitutional provisions and, in essence, say that this judge is not of good behavior. He now sits incarcerated. He has been convicted of a felony. The felony is obstruction of justice, and he did it knowingly.
I would like a moment to just say that in the proceedings where he had to proceed with his plea, the court specifically said, ``You have the right to persist in the prior plea of not guilty that you have entered in this case. And in that event, the burden is entirely upon this government to prove your guilt''--you don't have to go forward with this--``to a jury's satisfaction with proof beyond a reasonable doubt, which is a very high standard of proof.
``And under the law and the Constitution''--to the judge who was standing there--``you are presumed innocent,'' which means you do not have to prove your innocence or prove anything at all, meaning that the judge was questioned on his plea that involved the obstruction of justice, misrepresenting and denying witness A, who has alleged of his activities with her and person B, that everything was consensual and that person A is not telling the truth. He did not have to proceed.
And so the court says, ``However, if I accept your guilty plea this morning, each of those rights will be denied.''
And after the defendant said, ``Yes, sir,'' the court proceeded and said, ``And knowing that, is it your intent to enter a plea of guilty this morning to this charge?'' The defendant answered, ``Yes, sir.'' That was, in essence, a plea to the felony of obstructing justice.
Sad as it may be, as we proceed to the constitutional procedure of the voting here and then a trial in the Senate, it lays down the framework that we must act. We have no inability to ignore it. We must act. High crimes and misdemeanors, worthy behavior, all of them have been counted by a willing expression of this individual, this judge, that he has committed this offense.
It is crucial that we proceed in moving on the articles of impeachment.
Mr. Speaker, as a Member of the Impeachment Task Force of the House Judiciary Committee, I rise today in support of a recommendation for impeachment of Judge Samuel B. Kent. First and foremost it is necessary to establish the legal authority of Congress to make impeachment determinations. The Constitution clearly places many of the operations of the Judiciary under the oversight of Congress--a power not granted reciprocally to the Judiciary. This is made clear in the Federalist Papers (described by James Madison as ``the most authentic exposition of the heart of the federal Constitution''), which confirm that subjugating the Judiciary to Congress was deliberate and intentional. Federalist #51 declares: ``the legislative authority necessarily predominates.''
Furthermore, Federalist #49 declares that Congress--not the Court--is ``the confidential guardians of [the people's] rights and liberties.'' Why? Because the Legislature--not the unelected judiciary--is closest to the people and most responsive to them. When the Court did claim that it is the only body capable of interpreting the Constitution--that Congress is incapable of determining constitutionality, the Founding Fathers vehemently disagreed. For example, James Madison declared: ``[T]he meaning of the Constitution may as well be ascertained by the Legislative as by the Judicial authority.''
After establishing that the Congress has jurisdiction to preside over impeachment proceedings, it is imperative to outline the legal
standard for impeachment. Article II, Section 4 of the U.S. Constitution delineates the standard for removal from office of all civil officers by stating that: ``The President, Vice President and all civil Officers of the United States, shall be removed from Office on Impeachment for, and Conviction of, Treason, Bribery, or other high Crimes and Misdemeanors.''
The Constitutional Standard is further buttressed by the intent behind Article II, Section 4. The Founders' intent for impeachment was to protect the fundamental principle of ``the consent of the governed.'' The Constitution carries no title but ``We the People,'' and impeachment removes from office those officials who ignore that standard of adhering to the values of the people--that sexual abuse and pleading to a felony is not good behavior. It is important to note that the Constitution does not guarantee a federal judge his position for life, but only for the duration of ``good behavior'' (Art. III, Sec. 1).
For this reason impeachment was used whenever judges disregarded public interests, affronted the will of the people, or introduced arbitrary power by seizing the role of policy-maker. Previous generations used this tool far more frequently than today's generation; and because the grounds for impeachment were deliberately kept broad, articles of impeachment have described everything from drunkenness and profanity to judicial high-handedness and bribery as reasons for removal from the bench. Historically speaking, sixty-one federal judges or Supreme Court Justices have been investigated for impeachment; of whom thirteen have been impeached and seven convicted. The noted legal scholar from Yale University Professor Charles Black writes in his Impeachment Handbook that, ``In the English practice from which the Framers borrowed the phrase, `High Crimes and Misdemeanors' denoted political offenses, the critical element of which was injury to the state. Impeachment was intended to redress public offenses committed by public officials in violation of the public trust and duties, offenses against the Constitution itself. In short, only `serious assaults on the integrity of the processes of government,' constitute impeachable offenses.''
One of our Founding Fathers, Alexander Hamilton, wrote in the Federalist Papers No. 65 that, ``Those [impeachable] offences which proceed from the misconduct of public men, or, [in] other words, from the abuse or violation of some public trust. They are of a nature which . . . relate chiefly to injuries done immediately to society itself.''
As Hamilton makes clear, criminal conduct alone was and is not enough. The conduct also should involve public office. That should be the standard here as we proceed. Given the context of the Constitutional standard for impeachment coupled with the intent of the Framers, the issue at hand is whether Judge Kent's conduct constitutes high Crimes and Misdemeanors, within the framework of the Constitution. On review of the facts, we find that Judge Kent's obstruction of justice charge based on providing testimony to the FBI and the DOJ on the nature and extent of his relationships with his former employees while the Judge was in office, does in fact meet the standard of high Crimes and Misdemeanors.
Furthermore, Judge Kent's felony conviction for obstruction of justice raises issues of fitness to the bench. While Judge Kent's felony conviction on its face satisfies the Constitutional standard of impeachment, the numerous allegations of sexual misconduct on behalf of the Judge made by former employees continue to call into question Judge Kent's fitness for Office.
Pursuant to witness testimony the Impeachment Task Force heard from Cathy McBroom, Former Case Manager for Judge Kent, Ms. McBroom recounted over ten episodes of sexual misconduct she experienced while working for Judge Kent. Ms. McBroom noted that Judge Kent's physical presence was imposing at 6'4", 260 pounds, and coupled with his frequent self-references to his power, this made it difficult for her to believe that she would be able to prove the Judge's misconduct and successfully pursue outside employment in the Galveston legal community.
Donna Wilkerson, Judge Kent's former Legal Secretary also testified before the Task Force. Wilkerson stated that during her tenure as Kent's legal secretary, she suffered seven years of psychological abuse and sexual misconduct. Wilkerson noted that each episode of sexual misconduct always took place in the office, and seemed to follow lengthy lunches where the Judge returned to work intoxicated.
While the issue of Judge Kent's possible alcohol dependency and the condition of his mental health may be mitigating factors in this Committee's impeachment determination, the real issue is whether Judge Kent is fit for the position he holds. Accordingly, the conduct of Judge Kent while in office as 5th Circuit Court Judge of Galveston, Texas yields him unfit for office under constitutional standards.
Kent did submit a letter to President Obama and to our Task Force requesting permission for withdrawal from the bench one calendar year from now. Pursuant to Judge Kent's felony charge, it would not be appropriate for him to collect a salary and pension over the course of the next year. Additionally, under the guidelines of Judge Kent's proposal, his withdrawal from office would not go into effect until the day of the withdrawal, which means that Kent's decision to remove himself from office would be revocable at any time up until the final date of withdrawal.
Mr. Speaker, it pains me to take action against a member of the bench from my own state, but the Constitution imposes upon us a duty that we must uphold. As such, on the issue of whether Judge Kent's conduct constitutes high Crimes and Misdemeanors, I believe that all of us should agree that he has. Given our Constitutional duty, I urge my colleagues to support this extremely important and difficult decision of impeachment.