On the recordDecember 15, 2010
Mr. President, I want to first commend my colleagues on the Senate Impeachment Trial Committee for the outstanding work they have done to receive and report the evidence in this case to the full Senate. Led by Senators McCaskill and Hatch, the committee's dedication to impartiality and integrity is something of which we can all be proud. The Constitution gives the Senate ``the sole power to try all impeachments.'' The Senate acts as the factfinder in impeachment proceedings and determines, as individuals and as a body, whether the respondent is guilty of ``high crimes and misdemeanors'' so as to require removal from office. After carefully reviewing the evidence, I voted to convict Judge Porteous on each Article of Impeachment. On articles I and II, the evidence showed that Judge Porteous used his judicial office for financial gain by failing to recuse himself in a nonjury civil case and engaging in corrupt relationships with Jacob Amato, Robert Creely, and Louis Marcotte. The House managers proved by clear and convincing evidence that Judge Porteous deprived litigants of a fair trial and undermined his sworn judicial duties. On articles III and IV, I found Judge Porteous guilty because of his dishonesty and gross misconduct. The facts were clear. He filed his bankruptcy petition under a false name, concealed assets and debt to finance his gambling habit and lied to the FBI to obtain Senate confirmation of his judicial appointment.…





