the clerk: a quorum is present. will members of the staff take their seats. senators who wish to converse retire to the cloakroom. we now call upon the secretary of the majority. secretary for the majority: mr. president, i announce the presence of the managers on the

part of the house of representatives to conduct proceedings on behalf of the house concerning the impeachment of samuel b. kent, judge of the united states district court for the southern district of texas. the presiding officer: the managers on the part of the house will be received and assigned their seats. the presiding officer: the sergeant at arms will make the proclamation. sergeant at arms: 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 samuel b. kent, judge of the united states district court for the southern district of texas. the presiding officer: the managers on the part of the house will proceed. mr. schiff: mr. president, the managers on the part of the house of representatives are here present and ready to present the articles of impeachment which have been preferred by the house of representatives against samuel b. kent, judge of the united states district court for the southern district of texas. the house adopted the following resolution, which with the permission of the president of the senate i will read: h. res. 565 of the house of representatives, june 19, 2009. resolved that mr. schiff, mr. lofgren of california, mr. johnson of georgia, mr. goodlatte and

mr. sensenbrenner are appointed managers on the part of the house to conduct the trial of impeachment of samuel b. kent, a judge of the united states district court for the southern district of texas, that a message be sent to the senate to inform the senate of these appointments and that the managers on the part of the house may exhibit the articles of impeachment to the senate and take all other actions necessary in connection with preparation for and conduct of the trial, which may include the following one, employing legal, clerical, and other necessary assistants and encouraging such other expenses as may be necessary to be paid from amounts available to the committee on the judiciary under house resolution 279, 111th congress, agreed to march 31, 2009, or any other applicable expense resolution on vouchers approved by the chairman of the committee on the judiciary. number two, sending for persons and papers and filing with the secretary of the senate on the part of the house of representatives, any subsequent pleadings which they may

consider necessary. with the permission of the president of the senate i will read the articles of impeachment. h. res. 520, impeaching samuel b. kent, judge of the united states court for the southern district of texas for high crimes and miss demeanors. --. misdemeanors, and that the following engrossed and agreed to or passed by house. h. res. 520, in the house of representatives, u.s., june 19, 2009. 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 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: one, 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. two, 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. three, 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: one, 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. two, donna wilkerson was an employee of the united states district court for the southern district of texas. three, 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: one, 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. two, on or about june 8, 2007, at judge kent's request and upon notice from the committee, judge kent appeared before the committee. three, 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. four, 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 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, and when fact and as he knew, judge kent continued such advances even after she asked him to stop. five, judge kent was indicted and pled guilty and was sentenced to imprisonment for 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. mr. president, the house of representatives, by protestation, saving to themselves the liberty of exhibiting at any time hereafter any further articles of accusation or impeachment against the said samuel b. kent, judge of the united states district court for the southern district of texas and also for replying to his answers which he shall make to the articles preferred against him and offering proof to the same and every part thereof and to all and every other article of accusation and impeachment which

shall be exhibited by them as the case shall require do demand that said samuel b. kent may be put to answer when misdemeanors in office which have been charged against him in the articles which have been exhibited to the senate and that such proceedings, examinations, trials, and judgments may be thereupon had and given as may be agreeable to law and justice. mr. president, the managers on the part of the house of representatives, by the adoption of the articles of impeachment which have just been read to the senate, do now demand that the senate take order for the appearance of the said samuel b. kent, to answer said impeachment and do now demand his conviction, and appropriate judgment thereon. mr. reid: mr. president, at this time the oath shall be administered in conformance with article 1, section 3, clause 6 of the constitution, and the senate's impeachment rules. i move that the senator from kentucky, mr. mcconnell, be designated by the senate to

administer the oath to the acting president pro tempore, the senator from hawaii, mr. inouye. the presiding officer: without objection, it is so ordered. mr. mcconnell: do you solemnly swear that in all things appertaining to the trial of the impeachment of samuel b. kent, judge of the united states district court for the southern district of texas, now pending, you will do impartial justice according to to the constitution and laws. so help you god. mr. inouye: i do. mr. reid: the oath shall now be administered by the presiding officer to all senators. is it an appropriate time for all senator who has cause to be excused.

6 the presiding officer: is there objection? the chair hears none. it is so ordered. senators shall now be sworn. do you solemnly swear that in all things appertaining to the trial of the impeachment of samuel b. kent, judge of the united states district court for the southern district of texas, now pending, you will do impartial justice according to the constitution and laws, so help you god? senators: i do. mr. reid: any senator who was not in the senate chamber at the time the oath was administered to the other senators will make the fact known to the chair so that the oath may be administered as soon as possible to the senator. the secretary will note the names of the senators who have been sworn and will present to them for signing a book which will be the senate's permanent record of the administration of oath. i remind all senators who were administered this oath that they must now sign the oath book which is at the desk before leaving the chamber. on behalf of myself and the

distinguished republican leader, mr. mcconnell, i send to the desk a resolution that provides for the issuance of a summons to judge samuel b. kent, for judge kent's answer to the articles of impeachment against himself and for a replication by the house, and ask for its immediate consideration. the presiding officer: the clerk will report the resolution. the clerk: senate res. 202, to provide for issuance of a summons and for related procedures concerning the articles of impeachment against samuel b. kent. the presiding officer: the question is on agreeing to the resolution. all those in favor say aye. opposed nay. the ayes have it. mr. reid: mr. president, i now move to reconsider the vote by which the resolution was agreed. mr. mcconnell: i move to lay the motion on the table. mr. reid: mr. president?

the presiding officer: the majority leader. mr. reid: on my behalf and that of the distinguished republican leader, mr. mcconnell, i send a resolution to the desk on the appointment of an impeachment trial committee. i ask for its consideration. the presiding officer: the clerk will report the resolution. the clerk: s. res. 203 to provide for the appointment of a committee to receive and to report evidence with respect to the articles of impeachment against judge samuel b. kent. the presiding officer: the question is on agreeing to the resolution. all those opposed to the resolution say aye. mr. reid: i move to agree to the vote by which the resolution was agreed. mr. mcconnell: i move to lay on the table. mr. reid: in accordance to the resolution, i recommend to the chair the appointment of senators mccaskill as chair, klobuchar, whitehouse, udall of

new mexico, shaheen and kaufman. the presiding officer: the republican leader is recognized. mr. mcconnell: mr. president, in accordance with the resolution on the appointment of an impeachment trial committee, i recommend to the chair the appointment of senators martinez, demint, barrasso, wicker, johanns, and risch. the presiding officer: pursuant to the resolution on the appointment of an impeachment trial committee and impeachment rule 11, the chair appoints upon the recommends of the two leaders the following senators to be members of the committee to receive and report evidence in the impeachment of judge samuel b. kent: senators mccaskill, klobuchar, whitehouse, udall, shaheen, kaufman, martinez, demint, barrasso, wicker, johanns and risch. the majority leader is recognized. mr. reid: the resolution on

will meet at a time to be determined. the presiding officer: the senate will take proper order and notify the house of representatives and counsel for judge kent. mr. reid: mr. president, i would ask in an orderly fashion that senators approach the desk for signing of the resolution. of the impeachment before they leave the chamber. i note the absence of a quorum. the presiding officer: the clerk will call the roll. quorum call :

quorum call: