On the recordDecember 16, 2010
Mr. President, I would like to address two matters concerning the impeachment of Judge Porteous. As a former Federal prosecutor and State attorney general, I have reviewed and drafted a number of indictments. I do not believe that evidence of acts committed before confirmation should be withheld from consideration in the impeachment process or that it is inappropriate to aggregate claims together. The Constitution does not require that all conduct be committed post Federal appointment nor does it stipulate at all when the conduct must occur. Whether treason or bribery occurs before or after confirmation is not the question, but whether or not it occurred. If this were not so, individuals like Judge Porteous, who are very capable of practicing the art of deception and are confirmed, could not be removed from office. I believe that all four counts against Judge Porteous were well drafted. The Senate has previously stated that ``the House has substantial discretion in determining how to aggregate related alleged acts of misconduct in framing Articles of Impeachment and has historically frequently chosen to aggregate multiple factual allegations in a single impeachment article . . . Judge Porteous engaged in a number of elaborate schemes. Having prosecuted fraud, conspiracy, and racketeering cases, I understand that the facts in these types of cases can be extensive and can build up over a period of years.…





