[Pages S8607-S8611]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

IMPEACHMENT OF JUDGE G. THOMAS PORTEOUS, JR.

Mr. REID. Mr. President, I suggest the absence of a quorum.
The ACTING PRESIDENT pro tempore. The clerk will call the roll.
The assistant legislative clerk proceeded to call the roll and the
following Senators entered the Chamber and answered to their names:

[Quorum No. 8]

Akaka
Alexander
Barrasso
Bayh
Begich
Bennet
Bennett
Bingaman
Bond
Boxer
Brown (MA)
Brown (OH)
Bunning
Burr
Cantwell
Cardin
Casey
Chambliss

[[Page S8608]]

Coburn
Cochran
Collins
Conrad
Coons
Corker
Cornyn
Crapo
DeMint
Dorgan
Durbin
Ensign
Enzi
Feingold
Feinstein
Franken
Gillibrand
Graham
Grassley
Gregg
Hagan
Harkin
Inhofe
Inouye
Isakson
Johanns
Kerry
Klobuchar
Kohl
Kyl
Landrieu
Leahy
LeMieux
Levin
Lieberman
Lugar
Manchin
McCain
McCaskill
McConnell
Menendez
Merkley
Murkowski
Murray
Nelson (NE)
Nelson (FL)
Reed
Reid
Risch
Roberts
Schumer
Shaheen
Shelby
Snowe
Specter
Tester
Thune
Udall (CO)
Udall (NM)
Vitter
Voinovich
Webb
Whitehouse
Wicker
Wyden
Mr. REID. Mr. President, is a quorum present?
The PRESIDENT pro tempore. A quorum is present. Senators will be
seated.

Court of Impeachment

Under the previous order, a quorum having been established, the
Senate will resume its consideration of the Articles of Impeachment
against Judge G. Thomas Porteous, Jr.
(The House Managers, Judge Porteous, and counsel proceeded to the
seats assigned to them in the well of the Chamber.)
The PRESIDENT pro tempore. The Sergeant at Arms will make the
proclamation.
The Sergeant at Arms, Terrance W. Gainer, made the proclamation as
follows:

Hear ye! Hear ye! Hear ye! All persons are commanded to
keep silent, on pain of imprisonment, while the House of
Representatives is exhibiting to the Senate of the United
States Articles of Impeachment against G. Thomas Porteous,
Jr., judge of the United States District Court for the
Eastern District of Louisiana.

The PRESIDENT pro tempore. The majority leader.
Mr. REID. Mr. President, the Senate deliberated yesterday evening for
a long time on the Articles of Impeachment against Judge Porteous and
related motions. We meet today to vote on the articles.
Before proceeding to vote on each of the articles, however, the
Senate has agreed to vote on a motion that notwithstanding impeachment
rule No. XXIII, the Senate shall disaggregate the Articles of
Impeachment by holding preliminary votes on individual allegations in
the articles.
Can the Chair confirm, for the benefit of Senators, that a ``yes''
vote is a vote to disaggregate the articles sought by Judge Porteous
and a ``no'' vote is a vote to proceed directly to voting on the four
Articles of Impeachment.
The PRESIDENT pro tempore. Before I proceed, will the panel be
seated.
The majority leader is correct. The Senate will now vote on the
motion to disaggregate the articles. Granting the motion requires a
majority of Senators present.

Vote on Motion to Disaggregate

The question is on agreeing to the motion.
The clerk will call the roll.
The legislative clerk called the roll.
Mr. DURBIN. I announce that the Senator from Delaware (Mr. Carper),
the Senator from Connecticut (Mr. Dodd), the Senator from Arkansas
(Mrs. Lincoln), and the Senator from Vermont (Mr. Sanders) are
necessarily absent.
Mr. KYL. The following Senator is necessarily absent: the Senator
from Kansas (Mr. Brownback).
The result was announced--yeas 0, nays 94, as follows:

[Rollcall Vote No. 260]

NAYS--94

Akaka
Alexander
Barrasso
Baucus
Bayh
Begich
Bennet
Bennett
Bingaman
Bond
Boxer
Brown (MA)
Brown (OH)
Bunning
Burr
Cantwell
Cardin
Casey
Chambliss
Coburn
Cochran
Collins
Conrad
Coons
Corker
Cornyn
Crapo
DeMint
Dorgan
Durbin
Ensign
Enzi
Feingold
Feinstein
Franken
Gillibrand
Graham
Grassley
Gregg
Hagan
Harkin
Hatch
Hutchison
Inhofe
Inouye
Isakson
Johanns
Johnson
Kerry
Klobuchar
Kohl
Kyl
Landrieu
Lautenberg
Leahy
LeMieux
Levin
Lieberman
Lugar
Manchin
McCain
McCaskill
McConnell
Menendez
Merkley
Mikulski
Murkowski
Murray
Nelson (NE)
Nelson (FL)
Pryor
Reed
Reid
Risch
Roberts
Rockefeller
Schumer
Sessions
Shaheen
Shelby
Snowe
Specter
Stabenow
Tester
Thune
Udall (CO)
Udall (NM)
Vitter
Voinovich
Warner
Webb
Whitehouse
Wicker
Wyden

ABSENT, NOT VOTING, OR EXCUSED FROM VOTING--6

Brownback
Carper
Dodd
Kirk
Lincoln
Sanders
The PRESIDENT pro tempore. The majority leader is recognized.
Mr. REID. Mr. President, I move to reconsider that vote.
Mr. McCONNELL. I move to lay that motion on the table.
The motion to lay on the table was agreed to.
The PRESIDENT pro tempore. The majority leader.
Mr. REID. Mr. President, before proceeding to the final vote on the
Articles of Impeachment, I ask unanimous consent that Senators may be
permitted, within 7 days from today, to have printed in the Record
opinions or statements explaining their votes and that the secretary be
authorized to include these statements along with the record of the
Senate's proceedings in a Senate document printed to complete the
documentation of the Senate's handling of these impeachment
proceedings.
The PRESIDENT pro tempore. Hearing no objection, it is so ordered.
The majority leader.
Mr. REID. Mr. President, I remind all Senators to remain in their
seats during voting on all four Articles of Impeachment. Under
impeachment rule XXII, once we have begun voting on the first article,
voting will proceed on each of the Articles of Impeachment. When their
name is called, Senators shall rise from their seat and cast their
vote. This will ensure that a decorum of the Senate is maintained while
these grave proceedings are underway. These proceedings affect not only
Judge Porteous but also the Senate and our system of government.
The Chair will shortly instruct the Members of the Senate on the
question to be put and the manner of response.
The PRESIDENT pro tempore. The clerk will read the first Article of
Impeachment.
The legislative clerk read as follows:

Article I

G. Thomas Porteous, Jr., while a Federal judge of the United States
District Court for the Eastern District of Louisiana, engaged in a
pattern of conduct that is incompatible with the trust and confidence
placed in him as a Federal judge, as follows:

Judge Porteous, while presiding as a United States district
judge in Lifemark Hospitals of Louisiana, Inc. v. Liljeberg
Enterprises, denied a motion to recuse himself from the case,
despite the fact that he had a corrupt financial relationship
with the law firm of Amato & Creely, P.C. which had entered
the case to represent Liljeberg. In denying the motion to
recuse, and in contravention of clear canons of judicial
ethics, Judge Porteous failed to disclose that beginning in
or about the late 1980s while he was a State court judge in
the 24th judicial district in the State of Louisiana, he
engaged in a corrupt scheme with attorneys, Jacob Amato, Jr.,
and Robert Creely, whereby Judge Porteous appointed Amato's
law partner as a ``curator'' in hundreds of cases and
thereafter requested and accepted from Amato and Creely a
portion of the curatorship fees which had been paid to the
firm. During the period of this scheme, the fees received by
Amato and Creely amounted to approximately $40,000, and the
amounts paid by Amato and Creely to Judge Porteous amounted
to approximately $20,000.
Judge Porteous also made intentionally misleading
statements at a recusal hearing intended to minimize the
extent of his personal relationship with the two attorneys.
In doing so, and in failing to disclose to Lifemark and its
counsel the true circumstances of his relationship with the
Amato & Creely law firm, Judge Porteous deprived the Fifth
Circuit Court of Appeals of critical information for its
review of a petition for writ of mandamus, which sought to
overrule Judge Porteous's denial of the recusal motion. His
conduct deprived the parties and the public of the right to
the honest services of his office.
Judge Porteous also engaged in corrupt conduct after the
Lifemark v. Liljeberg bench trial, and while he had the case
under advisement, in that he solicited and accepted things of
value from both Amato and his law partner Creely, including a
payment of thousands of dollars in cash. Thereafter, and
without disclosing his corrupt relationship with the
attorneys of Amato & Creely PLC or his receipt from them of
cash and other things of value, Judge Porteous ruled in favor
of their client, Liljeberg.
By virtue of this corrupt relationship and his conduct as a
Federal judge, Judge Porteous brought his court into scandal
and disrepute, prejudiced public respect for, and confidence
in, the Federal judiciary, and demonstrated that he is unfit
for the office of Federal judge.

[[Page S8609]]

Wherefore, Judge G. Thomas Porteous, Jr., is guilty of high
crimes and misdemeanors and should be removed from office.

The PRESIDENT pro tempore. The Chair will read, for the benefit of
everyone present in the Chamber, paragraph 6 of rule XIX of the
Standing Rules of the Senate, which states as follows:

Whenever confusion arises in the Chamber or the galleries,
or demonstrations of approval or disapproval are indulged in
by occupants of the galleries, it shall be the duty of the
Chair to enforce order on his own initiative and without any
point of order being made by a Senator.

The Chair would deeply appreciate the cooperation of everyone in the
Chamber and in the galleries in maintenance of order.

Vote on Article I

The Chair reminds the Senate that each Senator, when his or her name
is called, will stand in his or her place and vote guilty or not
guilty. Under the Constitution, conviction requires a vote of two-
thirds present on any article.
The question is on the first article.
Senators, how say you? Is the respondent, G. Thomas Porteous, Jr.,
guilty or not guilty?
The rollcall is automatic. The clerk will call the roll.
The assistant legislative clerk called the roll.
Mr. DURBIN. I announce that the Senator from Connecticut (Mr. Dodd)
and the Senator from Arkansas (Mrs. Lincoln) are necessarily absent.
Mr. KYL. The following Senator is necessarily absent: the Senator
from Kansas (Mr. Brownback).
The PRESIDENT pro tempore. Are there any other Senators in the
Chamber desiring to vote?
The result was announced--guilty 96, not guilty 0, as follows:

[Rollcall Vote No. 261]

GUILTY--96

Akaka
Alexander
Barrasso
Baucus
Bayh
Begich
Bennet
Bennett
Bingaman
Bond
Boxer
Brown (MA)
Brown (OH)
Bunning
Burr
Cantwell
Cardin
Carper
Casey
Chambliss
Coburn
Cochran
Collins
Conrad
Coons
Corker
Cornyn
Crapo
DeMint
Dorgan
Durbin
Ensign
Enzi
Feingold
Feinstein
Franken
Gillibrand
Graham
Grassley
Gregg
Hagan
Harkin
Hatch
Hutchison
Inhofe
Inouye
Isakson
Johanns
Johnson
Kerry
Klobuchar
Kohl
Kyl
Landrieu
Lautenberg
Leahy
LeMieux
Levin
Lieberman
Lugar
Manchin
McCain
McCaskill
McConnell
Menendez
Merkley
Mikulski
Murkowski
Murray
Nelson (NE)
Nelson (FL)
Pryor
Reed
Reid
Risch
Roberts
Rockefeller
Sanders
Schumer
Sessions
Shaheen
Shelby
Snowe
Specter
Stabenow
Tester
Thune
Udall (CO)
Udall (NM)
Vitter
Voinovich
Warner
Webb
Whitehouse
Wicker
Wyden

ABSENT, NOT VOTING, OR EXCUSED FROM VOTING--4

Brownback
Dodd
Kirk
Lincoln
The PRESIDENT pro tempore. On this article of impeachment, 96
Senators have voted guilty, no Senator has voted not guilty. Two-thirds
of the Senators present having voted guilty, the Senate accordingly
adjudges that the respondent, G. Thomas Porteous, Jr., is guilty as
charged in this article.
The Chair now asks the clerk to read the second article of
impeachment.
The assistant legislative clerk read as follows:

Article II

G. Thomas Porteous, Jr., engaged in a longstanding pattern
of corrupt conduct that demonstrates his unfitness to serve
as a United States District Court judge. That conduct
included the following: Beginning in or about the late 1980s
while he was a State court judge in the 24th JDC in the State
of Louisiana, and continuing while he was a Federal judge in
the United States District Court for the Eastern District of
Louisiana, Judge Porteous engaged in a corrupt relationship
with bail bondsman Louis M. Marcotte, III, and his sister
Lori Marcotte. As part of this corrupt relationship, Judge
Porteous solicited and accepted numerous things of value,
including meals, trips, home repairs, and car repairs, for
his personal use and benefit, while at the same time taking
official actions that benefitted the Marcottes. These
official actions by Judge Porteous included, while on the
State bench, setting, reducing, and splitting bonds as
requested by the Marcottes, and improperly setting aside or
expunging felony convictions for two Marcotte employees (in
one case after Judge Porteous had been confirmed by the
Senate but before being sworn in as a Federal judge). In
addition, both while on the State bench and on the Federal
bench, Judge Porteous used the power and prestige of his
office to assist the Marcottes in forming relationships with
State judicial officers and individuals important to the
Marcottes' business. As Judge Porteous well knew and
understood, Louis Marcotte also made false statements to the
Federal Bureau of Investigation in an effort to assist Judge
Porteous in being appointed to the Federal bench.
Accordingly, Judge G. Thomas Porteous, Jr., has engaged in
conduct so utterly lacking in honesty and integrity that he
is guilty of high crimes and misdemeanors, is unfit to hold
the office of Federal judge, and should be removed from
office.

Vote on Article II

The PRESIDENT pro tempore. Senators, how say you? Is the respondent,
G. Thomas Porteous, Jr., guilty or not guilty?
The clerk will call the roll.
The legislative clerk called the roll.
Mr. DURBIN. I announce that the Senator from Connecticut (Mr. Dodd)
and the Senator from Arkansas (Mrs. Lincoln) are necessarily absent.
Mr. KYL. The following Senator is necessarily absent: the Senator
from Kansas (Mr. Brownback).
The result was announced--guilty 69, not guilty 27, as follows:

[Rollcall Vote No. 262]

GUILTY--69

Barrasso
Baucus
Bayh
Begich
Bennet
Bingaman
Boxer
Bunning
Cantwell
Cardin
Carper
Casey
Coburn
Cochran
Conrad
Coons
Crapo
DeMint
Dorgan
Durbin
Enzi
Feingold
Feinstein
Franken
Gillibrand
Grassley
Hagan
Inhofe
Isakson
Johanns
Johnson
Kerry
Klobuchar
Kohl
Kyl
Landrieu
Lautenberg
Leahy
Levin
Lugar
McCain
McConnell
Menendez
Merkley
Mikulski
Murray
Nelson (NE)
Nelson (FL)
Pryor
Risch
Roberts
Rockefeller
Sanders
Schumer
Sessions
Shaheen
Shelby
Snowe
Specter
Stabenow
Tester
Thune
Udall (CO)
Udall (NM)
Vitter
Voinovich
Warner
Webb
Wyden

NOT GUILTY--27

Akaka
Alexander
Bennett
Bond
Brown (MA)
Brown (OH)
Burr
Chambliss
Collins
Corker
Cornyn
Ensign
Graham
Gregg
Harkin
Hatch
Hutchison
Inouye
LeMieux
Lieberman
Manchin
McCaskill
Murkowski
Reed
Reid
Whitehouse
Wicker

ABSENT, NOT VOTING, OR EXCUSED FROM VOTING--4

Brownback
Dodd
Kirk
Lincoln
The PRESIDENT pro tempore. On this Article of Impeachment, 69
Senators have voted guilty, 27 Senators have voted not guilty. Two-
thirds of the Senators present having voted guilty, the verdict on
article II is guilty.
The Chair now calls upon the clerk to read the third article.
The assistant legislative clerk read as follows:

Article III

Beginning in or about March 2001 and continuing through
about July 2004, while a Federal judge in the United States
District Court for the Eastern District of Louisiana, G.
Thomas Porteous, Jr., engaged in a pattern of conduct
inconsistent with the trust and confidence placed in him as a
Federal judge by knowingly and intentionally making material
false statements and representations under penalty of perjury
related to his personal bankruptcy filing and by repeatedly
violating a court order in his bankruptcy case. Judge
Porteous did so by--
No. 1, using a false name and post office box address to
conceal his identity as a debtor in the case;
No. 2, concealing assets;
No. 3, concealing preferential payments to certain
creditors;
No. 4, concealing gambling losses and other gambling debts;
and,
No. 5, incurring new debts while the case was pending in
violation of the bankruptcy court's order.
In doing so, Judge Porteous brought his court into scandal
and disrepute, prejudiced public respect for and confidence
in the Federal judiciary, and demonstrated that he is unfit
for the office of Federal judge.
Wherefore, Judge G. Thomas Porteous, Jr., is guilty of high
crimes and misdemeanors and should be removed from office.

Vote on Article III

The PRESIDENT pro tempore. The question is on the third Article of
Impeachment. Senators, how say you? Is

[[Page S8610]]

the respondent, G. Thomas Porteous, Jr., guilty or not guilty?
The clerk will call the roll.
The assistant legislative clerk called the roll.
Mr. DURBIN. I announce that the Senator from Connecticut (Mr. Dodd)
and the Senator from Arkansas (Mrs. Lincoln) are necessarily absent.
Mr. KYL. The following Senator is necessarily absent: the Senator
from Kansas (Mr. Brownback).
The result was announced--guilty 88, not guilty 8, as follows:

[Rollcall Vote No. 263]

GUILTY--88

Alexander
Barrasso
Baucus
Bayh
Begich
Bennet
Bennett
Bingaman
Bond
Boxer
Brown (MA)
Brown (OH)
Bunning
Burr
Cantwell
Cardin
Carper
Casey
Chambliss
Coburn
Cochran
Collins
Conrad
Coons
Corker
Cornyn
Crapo
DeMint
Dorgan
Durbin
Ensign
Enzi
Feingold
Feinstein
Gillibrand
Graham
Grassley
Gregg
Hagan
Harkin
Hutchison
Inhofe
Inouye
Isakson
Johanns
Johnson
Kerry
Klobuchar
Kohl
Kyl
Landrieu
Lautenberg
Leahy
LeMieux
Levin
Lugar
McCain
McConnell
Menendez
Merkley
Mikulski
Murkowski
Murray
Nelson (NE)
Nelson (FL)
Pryor
Reed
Risch
Roberts
Rockefeller
Sanders
Schumer
Sessions
Shaheen
Shelby
Snowe
Specter
Stabenow
Tester
Thune
Udall (CO)
Udall (NM)
Vitter
Voinovich
Warner
Webb
Whitehouse
Wyden

NOT GUILTY--8

Akaka
Franken
Hatch
Lieberman
Manchin
McCaskill
Reid
Wicker

ABSENT, NOT VOTING, OR EXCUSED FROM VOTING--4

Brownback
Dodd
Kirk
Lincoln
The PRESIDENT PRO TEMPORE. On this Article of Impeachment, 88
Senators have voted guilty, 8 Senators have voted not guilty. Two-
thirds of the Senators present having voted guilty, the verdict on
article III is guilty.
The Chair now calls upon the clerk to read the fourth Article of
Impeachment.
The assistant legislative clerk read as follows:

Article IV

In 1994, in connection with his nomination to be a judge of
the United States District Court for the Eastern District of
Louisiana, G. Thomas Porteous, Jr., knowingly made material
false statements about his past to both the United States
Senate and to the Federal Bureau of Investigation in order to
obtain the office of United States District Court Judge.
These false statements included the following:
No. 1. On his Supplemental SF-86, Judge Porteous was asked
if there was anything in his personal life that could be used
by someone to coerce or blackmail him, or if there was
anything in his life that would cause an embarrassment to
Judge Porteous or the President if publicly known. Judge
Porteous answered ``no'' to these questions and signed the
form under the warning that a false statement was punishable
by law.
No. 2. During his background check, Judge Porteous falsely
told the Federal Bureau of Investigation on two separate
occasions that he was not concealing any activity or conduct
that could be used to influence, pressure, coerce, or
compromise him in any way or that would impact negatively on
his character, reputation, judgment, or discretion.
No. 3. On the Senate Judiciary Committee's ``Questionnaire
for Judicial Nominees'', Judge Porteous was asked whether any
unfavorable information existed that could affect his
nomination. Judge Porteous answered that, to the best of his
knowledge, he did not know of any unfavorable information
that may affect [his] nomination. Judge Porteous signed that
questionnaire by swearing that ``the information provided in
this statement is, to the best of my knowledge, true and
accurate''.
However, in truth and in fact, as Judge Porteous then well
knew, each of these answers was materially false because
Judge Porteous had engaged in a corrupt relationship with the
law firm Amato & Creely, whereby Judge Porteous appointed
Creely as a ``curator'' in hundreds of cases and thereafter
requested and accepted from Amato and Creely a portion of the
curatorship fees which had been paid to the firm and also had
engaged in a corrupt relationship with Louis and Lori
Marcotte, whereby Judge Porteous solicited and accepted
numerous things of value, including meals, trips, home
repairs, and car repairs, for his personal use and benefit,
while at the same time taking official actions that
benefitted the Marcottes. As Judge Porteous well knew and
understood, Louis Marcotte also made false statements to the
Federal Bureau of Investigation in an effort to assist Judge
Porteous in being appointed to the Federal bench. Judge
Porteous's failure to disclose these corrupt relationships
deprived the United States Senate and the public of
information that would have had a material impact on his
confirmation. Wherefore, Judge G. Thomas Porteous, Jr., is
guilty of high crimes and misdemeanors and should be removed
from office.

Vote on Article IV

The PRESIDENT PRO TEMPORE. The question is on agreeing on the fourth
Article of Impeachment. Senators, how say you? Is the respondent, G.
Thomas Porteous, guilty or not guilty?
The clerk will call the roll.
The legislative clerk called the roll.
Mr. DURBIN. I announce that the Senator from Connecticut (Mr. Dodd)
and the Senator from Arkansas (Mrs. Lincoln) are necessarily absent.
Mr. KYL. The following Senator is necessarily absent: the Senator
from Kansas (Mr. Brownback).
The result was announced--guilty 90, not guilty 6, as follows:

[Rollcall Vote No. 264]

GUILTY--90

Akaka
Alexander
Barrasso
Baucus
Bayh
Begich
Bennet
Bennett
Bingaman
Bond
Boxer
Brown (MA)
Brown (OH)
Bunning
Burr
Cantwell
Carper
Casey
Chambliss
Coburn
Cochran
Collins
Conrad
Coons
Corker
Cornyn
Crapo
DeMint
Dorgan
Ensign
Enzi
Feingold
Feinstein
Gillibrand
Graham
Grassley
Gregg
Hagan
Hatch
Hutchison
Inhofe
Inouye
Isakson
Johanns
Johnson
Kerry
Klobuchar
Kohl
Kyl
Landrieu
Lautenberg
Leahy
LeMieux
Lieberman
Lugar
Manchin
McCain
McCaskill
McConnell
Menendez
Merkley
Mikulski
Murkowski
Murray
Nelson (NE)
Nelson (FL)
Pryor
Reed
Risch
Roberts
Rockefeller
Sanders
Schumer
Sessions
Shaheen
Shelby
Snowe
Specter
Stabenow
Tester
Thune
Udall (CO)
Udall (NM)
Vitter
Voinovich
Warner
Webb
Whitehouse
Wicker
Wyden

NOT GUILTY--6

Cardin
Durbin
Franken
Harkin
Levin
Reid

ABSENT, NOT VOTING OR EXCUSED FROM VOTING--4

Brownback
Dodd
Kirk
Lincoln
The PRESIDENT pro tempore. On this Article of Impeachment, 90
Senators have voted guilty, 6 Senators have voted not guilty. Two-
thirds of the Senators present having voted guilty, the verdict on
article IV is guilty.
The Chair directs judgment to be entered in accordance with the
judgment as follows: The Senate having tried G. Thomas Porteous, Jr.,
U.S. District Judge for the Eastern District of Louisiana, upon full
Articles of Impeachment exhibited against him by the House of
Representatives, and two-thirds of the Senate present having found him
guilty of the charges contained in articles I, II, III, and IV, it is
therefore ordered and adjudged that said G. Thomas Porteous, Jr., be
and is hereby removed from office.
The majority leader.
Mr. REID. Mr. President, it is my understanding that Judge Porteous
is forever disqualified to hold and enjoy any office of trust, honor,
or profit of the United States; is that true?
The PRESIDENT pro tempore. The leader is correct.
Mr. REID. Mr. President, I have an order at the desk. I ask that it
be stated.
The PRESIDENT pro tempore. The clerk will report.
The legislative clerk read as follows:

Ordered, that the Secretary be directed to communicate to
the Secretary of State, as provided by rule XXIII of the
Rules of Procedure and Practice in the Senate when sitting on
impeachment trials, and also to the House of Representatives
the judgment of the Senate in the case of G. Thomas Porteous,
Jr. and transmit a certified copy of the judgment to each.

The PRESIDENT pro tempore. Without objection, the order will be
entered.
The majority leader is recognized.
Mr. REID. Mr. President, I move that the Senate, sitting as a court
of impeachment for the Articles of Impeachment on G. Thomas Porteous,
Jr., adjourn sine die and that when we return to legislative session,
Senators McCaskill and Hatch, the two managers of this legislation, be
recognized for 5 minutes each.
The PRESIDENT pro tempore. The motion is agreed to.

[[Page S8611]]

The Senate sitting as a court of impeachment is adjourned sine die.
Mr. REID. Mr. President, I therefore move that this man, Judge
Porteous, be disqualified from holding office at any time in the future
in the United States.
The PRESIDENT pro tempore. Is there debate on the motion? If not, the
question is on agreeing to the motion to disqualify Judge Porteous from
any further office.
The clerk will call the roll.
The assistant legislative clerk called the roll.
Mr. DURBIN. I announce that the Senator from Connecticut (Mr. Dodd),
and the Senator from Arkansas (Mrs. Lincoln) are necessarily absent.
Mr. KYL. The following Senator is necessarily absent: the Senator
from Kansas (Mr. Brownback).
The result was announced--yeas 94, nays 2, as follows:

[Rollcall Vote No. 265]

YEAS--94

Akaka
Alexander
Barrasso
Baucus
Bayh
Begich
Bennet
Bennett
Bond
Boxer
Brown (MA)
Brown (OH)
Bunning
Burr
Cantwell
Cardin
Carper
Casey
Chambliss
Coburn
Cochran
Collins
Conrad
Coons
Corker
Cornyn
Crapo
DeMint
Dorgan
Durbin
Ensign
Enzi
Feingold
Feinstein
Franken
Gillibrand
Graham
Grassley
Gregg
Hagan
Harkin
Hatch
Hutchison
Inhofe
Inouye
Isakson
Johanns
Johnson
Kerry
Klobuchar
Kohl
Kyl
Landrieu
Lautenberg
Leahy
LeMieux
Levin
Lugar
Manchin
McCain
McCaskill
McConnell
Menendez
Merkley
Mikulski
Murkowski
Murray
Nelson (NE)
Nelson (FL)
Pryor
Reed
Reid
Risch
Roberts
Rockefeller
Sanders
Schumer
Sessions
Shaheen
Shelby
Snowe
Specter
Stabenow
Tester
Thune
Udall (CO)
Udall (NM)
Vitter
Voinovich
Warner
Webb
Whitehouse
Wicker
Wyden

NAYS--2

Bingaman
Lieberman

ABSENT, NOT VOTING, OR EXCUSED FROM VOTING--4

Brownback
Dodd
Kirk
Lincoln
The PRESIDENT pro tempore. On this vote, the yeas are 94, the nays
are 2. The Senate having tried G. Thomas Porteous, Jr., U.S. district
judge for the Eastern District of Louisiana, upon four Articles of
Impeachment exhibited against him by the House of Representatives, and
two-thirds of the Senators present having found him guilty of the
charges contained in articles I, II, III and IV of the Articles of
Impeachment, it is therefore ordered and adjudged that the said G.
Thomas Porteous, Jr., be, and he is hereby, removed from office; and
that he be, and is hereby, forever disqualified to hold and enjoy any
office or honor, trust, or profit under the United States.
The Chair will clarify that it requires a motion that the convicted
official be disqualified from ever holding an office of honor, trust,
or profit under the United States. The Senate has just adopted such
motion.
Mr. REID. Mr. President, I send an order to the desk and ask that it
be stated.
The PRESIDING OFFICER. The clerk will state the motion.
The legislative clerk read as follows:

Ordered that the Secretary be directed to communicate to
the Secretary of State, as provided by rule XXIII of the
rules of procedure and practice in the Senate when sitting on
impeachment trials, and also to the House of Representatives,
the judgment of the Senate in the case of G. Thomas Porteous,
Jr., and transmit a certified copy of the judgment to each.

The PRESIDENT pro tempore. Without objection, the order will be
entered.
The majority leader is recognized.
Mr. REID. Mr. President, I renew the request I made previously that
the Senate, sitting as a court of impeachment for the Articles of
Impeachment against G. Thomas Porteous, Jr., adjourn sine die, and as
soon as we go to legislative session, Senator McCaskill be recognized.
The PRESIDENT pro tempore. Without objection, the motion is agreed
to, and the Senate, sitting as a court of impeachment, is adjourned
sine die.
Mr. REID. Mr. President, I ask unanimous consent that the order
previously entered be vitiated directing that the Senate recess subject
to the call of the Chair.
The PRESIDENT pro tempore. Without objection, it is so ordered.
Mr. REID. I thank the Chair.

____________________