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Week Ending June 19, 2009

H.RES.520 Impeaching Samuel B. Kent, judge of the United States District Court for the Southern District of Texas, for high crimes and misdemeanors.

The resolution sets forth the articles of impeachment for Judge Samuel B Kent of the US District Court for the Southern District of Texas.

Judge Kent has been found guilty of sexually assaulting Cathy McBroom the Deputy Clerk of the Galveston Division and Donna Wilkerson, his secretary at the US District Court for the Southern District of Texas.

The Judge is also accused of making false statements to court investigators investigating the allegations made by Ms. Wilkerson. The Judge stated that his actions were one kiss, that he stopped his advances after he was told they were unwanted. Judge Kent later pled guilty to a felony, obstruction of justice, and has been convicted and sentenced to Federal prison. A US Judge found those statements to me false and sentenced Judge Kent to imprisonment for felony of obstruction of justice.

Having been convicted and sentenced US Judges can be removed from their appointed office through impeachment procedures of Congress. Under law the House has the sole power of impeachment and the Senate has the sole power to try impeachments. No one may be convicted by the Senate without two thirds of the Members present voting to convict.

The determination of high crimes and misdemeanors is interpreted by Congress. The bill report notes that “The House and Senate have both interpreted the phrase broadly, finding that impeachable offenses need not be limited to criminal conduct. Congress has repeatedly defined `other high Crimes and Misdemeanors' to be serious violation of the public trust, not necessarily indictable offenses under criminal laws.”

The bill further notes that impeachment, removal from office, is `the ultimate means of preserving our constitutional form of government from the depredations of those in high office who abuse or violate the public trust.'

The Committee has determined that the Judge did commit sexual misconduct and did make false statements to FBI agents and prosecutors and that “Judge Kent's conduct is wholly unacceptable for a Federal judge and has brought disrepute upon the Federal judiciary. These acts reflect Judge Kent's abuse of his Office and his betrayal of the trust bestowed upon him by the people of the United States.”

Sponsor:  Rep. John Conyers (D-MI-14^th)

Vote: On Article I - RC 415 389 to 0

On Article II - RC 416 385 to 0

On Article III RC 417 381 to 0

On Article IV - RC 418 372 to 0 with one voting 'Present'

Cost to the taxpayers: No discernible cost

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Impeaching Samuel B. Kent, judge of the United States District Court for the Southern District of Texas, for high crimes and misdemeanors.

Resolved, That Samuel B. Kent, a judge of the United States District Court for the Southern District of Texas, is impeached for high crimes and misdemeanors, and that the following articles of impeachment be exhibited to the Senate:

Articles of impeachment exhibited by the House of Representatives of the United States of America in the name of itself and all of the people of the United States of America, against Samuel B. Kent, a judge of the United States District Court for the Southern District of Texas, in maintenance and support of its impeachment against him for high crimes and misdemeanors.

Article I

Incident to his position as a United States district court judge, Samuel B. Kent has engaged in conduct with respect to employees associated with the court that is incompatible with the trust and confidence placed in him as a judge, as follows:

(1) Judge Kent is a United States District Judge in the Southern District of Texas. From 1990 to 2008, he was assigned to the Galveston Division of the Southern District, and his chambers and courtroom were located in the United States Post Office and Courthouse in Galveston, Texas.

(2) Cathy McBroom was an employee of the Office of the Clerk of Court for the Southern District of Texas, and served as a Deputy Clerk in the Galveston Division assigned to Judge Kent's courtroom.

(3) On one or more occasions between 2003 and 2007, Judge Kent sexually assaulted Cathy McBroom, by touching her private areas directly and through her clothing against her will and by attempting to cause her to engage in a sexual act with him.

Wherefore, Judge Samuel B. Kent is guilty of high crimes and misdemeanors and should be removed from office.

Article II

Incident to his position as a United States district court judge, Samuel B. Kent has engaged in conduct with respect to employees associated with the court that is incompatible with the trust and confidence placed in him as a judge, as follows:

(1) Judge Kent is a United States District Judge in the Southern District of Texas. From 1990 to 2008, he was assigned to the Galveston Division of the Southern District, and his chambers and courtroom were located in the United States Post Office and Courthouse in Galveston, Texas.

(2) Donna Wilkerson was an employee of the United States District Court for the Southern District of Texas.

(3) On one or more occasions between 2001 and 2007, Judge Kent sexually assaulted Donna Wilkerson, by touching her in her private areas against her will and by attempting to cause her to engage in a sexual act with him.

Wherefore, Judge Samuel B. Kent is guilty of high crimes and misdemeanors and should be removed from office.

Article III

Samuel B. Kent corruptly obstructed, influenced, or impeded an official proceeding as follows:

(1) On or about May 21, 2007, Cathy McBroom filed a judicial misconduct complaint with the United States Court of Appeals for the Fifth Circuit. In response, the Fifth Circuit appointed a Special Investigative Committee (hereinafter in this article referred to as `the Committee') to investigate Cathy McBroom's complaint.

(2) On or about June 8, 2007, at Judge Kent's request and upon notice from the Committee, Judge Kent appeared before the Committee.

(3) As part of its investigation, the Committee sought to learn from Judge Kent and others whether he had engaged in unwanted sexual contact with Cathy McBroom and individuals other than Cathy McBroom.

(4) On or about June 8, 2007, Judge Kent made false statements to the Committee regarding his unwanted sexual contact with Donna Wilkerson as follows:

(A) Judge Kent falsely stated to the Committee that the extent of his unwanted sexual contact with Donna Wilkerson was one kiss, when in fact and as he knew he had engaged in repeated sexual contact with Donna Wilkerson without her permission.

(B) Judge Kent falsely stated to the Committee that when told by Donna Wilkerson his advances were unwelcome no further contact occurred, when in fact and as he knew, Judge Kent continued such advances even after she asked him to stop.

(5) Judge Kent was indicted and pled guilty and was sentenced to imprisonment for the felony of obstruction of justice in violation of section 1512(c)(2) of title 18, United States Code, on the basis of false statements made to the Committee. The sentencing judge described his conduct as `a stain on the justice system itself'.

Wherefore, Judge Samuel B. Kent is guilty of high crimes and misdemeanors and should be removed from office.

Article IV

Judge Samuel B. Kent made material false and misleading statements about the nature and extent of his nonconsensual sexual contact with Cathy McBroom and Donna Wilkerson to agents of the Federal Bureau of Investigation on or about November 30, 2007, and to agents of the Federal Bureau of Investigation and representatives of the Department of Justice on or about August 11, 2008.

Wherefore, Judge Samuel B. Kent is guilty of high crimes and misdemeanors and should be removed from office.

House Calendar No. 75

111th CONGRESS

1st Session

H. RES. 520

[Report No. 110-159]

RESOLUTION

Impeaching Samuel B. Kent, judge of the United States District Court for the Southern District of Texas, for high crimes and misdemeanors.

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