Walking a mile in another man's shoes

Disgraced former federal judge and convicted felon Samuel Kent wants out of prison because of the humiliation, torture and horrors of the place. I don't blame him. I don't wish that existence on anyone. I do find it ironic, however, that as a judge he had no problem sentencing folks to spend years in prison and that now, as an inmate, he realizes how horrid the experience is.

Prosecutors and judges tend to throw out years in prison as if it were a gift; how many of them have spent any time in those hell holes? How many of them have been forced to spend time isolated from friends and family? How many of them have suffered the abject humiliation that prisoners go through on a daily basis?

Click here to read the motion filed by Mr. Kent.

Kent resigns, for real

Disgraced Federal judge and convicted felon, Samuel Kent, tendered his resignation from the bench effective June 30, 2009, on the eve of a trial in the Senate.

Earlier this month, upon being sentenced to 33 months in prison, Mr. Kent submitted his resignation from the bench effective June 1, 2010. Outraged, members of Congress put his impeachment on a fast track.

With Kent's resignation, the list of federal judges removed from office remains at seven:

• John Pickering, Massachusetts - convicted and removed from office, 1804
• West H. Humphreys, Tennessee - convicted and removed from office, 1862
• Robert W. Archbald - convicted and removed from office, 1913
• Halsted L. Ritter, Florida - convicted and removed from office, 1936
• Harry E. Claiborne, Nevada - convicted and removed from office, 1986
• Alcee L. Hastings, Florida - convicted and removed from office, 1989
• Walter L. Nixon, Mississippi - convicted and removed from office, 1989

House votes to impeach Kent in record time

Disgraced federal judge and convicted felon Samuel Kent found out just how far he's fallen since pleading guilty to obstruction of justice charges. The House voted to approve four articles of impeachment in less than 30 minutes, with nary a soul speaking out for the so-called Emperor of Galveston.

Kent now becomes only the 14th federal judge to have been impeached since 1803. The articles of impeachment (indictment) now move to the Senate for a trial on the merits. Should two-thirds of the Senate vote to convict, Kent will be removed from office long before his hand-picked resignation date of June 1, 2010.

Disgraced judge to report to prison on Monday

Disgraced federal judge and convicted felon Samuel Kent's life is over as he knows it. On Monday he is to report to the Devens Federal Medical Center outside Boston, Massachusetts, to begin serving his 33-month sentence for obstruction of justice.

He reports to prison still receiving his salary of $174,000, though that is expected to change in the next few months as impeachment proceedings have been "fast-tracked." Just yesterday, the House Judiciary Committee voted 28-0 to refer the four articles of impeachment to the full House of Representatives.

The House is expected to vote in favor of indictment before the 4th of July and the Senate is expected to decide Kent's fate before its August recess.

Time running out for disgraced federal judge

Today a panel of the House Judiciary Committee voted 10-0 to refer four articles of impeachment against disgraced federal judge and convicted felon Samuel Kent to the full committee. The full committee is expected to refer the articles to the full House of Representatives before July 4.

Two of the panel’s charges accused Kent of conduct that was “incompatible with the trust and confidence placed in him as a judge” in connection with repeated predatory assaults on case manager Cathy McBroom, 50, and Donna Wilkerson, 45.

A third charge accused Kent of having “corruptly obstructed, influenced or impeded an official proceeding” looking into the allegations.

The fourth charge accused him of making “material false and misleading statements about the nature and extent of his nonconsensual sexual contact” with the two courtroom employees.

It took the panel 20 minutes to vote the articles to the full committee. Congress hopes to complete the impeachment process and convict Kent quickly to prevent him from collecting his salary and benefits while in prison.

The Senate is expected to try the case before its August recess.

Kent's case manager speaks out

As the impeachment of disgraced judge and convicted felon Samuel Kent gathers speed, here is the written statement filed with the House task force by Cathy McBroom, Kent's case manager:

McBroom090603

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And so it begins...

Today the US House of Representatives began the process of impeaching disgraced US District Court Judge, and convicted felon, Samuel Kent. Kent will continue to receive his federal salary of $174,000 a year plus health benefits unless he is impeached and removed from office by Congress.

A committee staffer indicated that it was likely the 12-member task force within the House Judiciary Committee would approve articles of impeachment next week with the House expected to indict by the Fourth of July. Should the House choose to indict, the Senate would conduct the trial. A two-thirds vote to convict from the Senate would remove Kent from office.

Kent sent a letter to the panel indicating that due to health concerns he would not be going to Washington.

Kent blamed his behavior on alcoholism, an unspecified personality flaw (lack of character, maybe?) and the death of his first wife. It's always ironic for a public official to refuse to accept responsiblity for his actions when that same person decries others for their refusal to do the same.

The Senate is expected to receive the case prior to their August recess.

Convicted felon to resign from bench - next year

US District Judge, and convicted felon, Samuel Kent notified President Obama of his resignation from the bench on June 1, 2010. 

That's right. The disgraced judge who was sentenced to 33 months in federal prison refuses to relinquish his seat until this time next year in order to collect another $174,000 and his health benefits for the next twelve months.

Meanwhile, the US House continues to prepare for impeachment proceedings against Mr. Kent.

Said Mr. Kent's attorney, Dick DeGuerin "If they want to continue with the impeachment hearings, you'll know that they're doing it just for the publicity value. It's going to be brutal, it's going to be ugly and it's going to be nasty and there's no reason to do it."

No reason, except it's absurd that a convicted felon who disgraced his bench is still collecting his salary from the taxpayers.

Oh how the mighty have fallen

Former U.S. District Judge Samuel Kent was sentenced today to 33 months in prison after pleading guilty to obstruction of justice back in February (for previous posts, click here).

Unlike his previous appearances at the Federal Courthouse in Houston where Mr. Kent used the back entrance, today he had to walk in through the front door.

Kent retired from the bench as part of his plea agreement and is seeking a medical disability for a condition exacerbated by his legal problems. In order to receive his disability Hon. Edith Jones, the Chief Judge for the 5th Circuit, and President Obama would have to approve it.

Unless Kent resigns or is impeached, he will continue to be paid.

See also:

What's next for Samuel Kent in wake of guilty plea (Law.com, March 2, 2009)

The bigger they come...

Samuel Kent is now a former federal judge. 

This morning, at the federal courthouse in downtown Houston, as jury selection was scheduled to begin, Mr. Kent pled guilty to one count of obstruction of justice and resigned from the bench in exchange for los federales dropping the five counts of sexual abuse.

Sentencing is expected in May with prosecutors expected to ask Senior U.S. District Judge Roger Vinson to sentence the 59 year-old Kent to three years in prison.

See also:

• Plea agreement.
  

Mo' news is bad news for Judge Kent

More bad news for embattled federal Judge Samuel Kent - the judicial council of the 5th Circuit announced it will reopen its investigation into Judge Kent following his indictment on additional charges earlier this month.  According to the council, it will pursue its investigation after the criminal proceedings have been completed - regardless of the outcome.

See also:

• Houston Chronicle's report.
  
• The ABA's account.
  
• Judicial Council's Order.

Making a federal case

The price of poker in the federal sexual abuse case against U.S. District Judge Samuel Kent has risen. On Wednesday los federales amended the indictment to include additional allegations of sexual abuse and obstruction of justice.

What I want to know, however, is why on earth this case is even in federal court. The acts that the judge is accused of committing were also violations of state law. Why isn't Judge Kent standing trial in state court?

The only federal offenses per the U.S. Constitution are counterfeiting U.S. currency and treason - because both are crimes against the United States. Nowhere in Article I, Section 8 is Congress bestowed with the power to create additional federal crimes. Such a notion flew in the face of the principles of federalism.

Do we really need to prosecute someone in federal court for murder? What Timothy McVeigh did was against the law in Oklahoma. Why is a drug kingpin standing trial in federal court? The last time I checked, possession and distribution of a controlled substance is a crime in Texas.

According to The Champion (published by the National Association of Criminal Defense Lawyers), there were about 165 federal criminal laws at the turn of the 20th century. That number has mushroomed to almost 4,500 today. Most of those crimes are regulatory and public welfare offenses for which the mens rea has been, for the most part, negated.

The 10th Amendment states that the states retain any rights not delegated to the United States in the Constitution. This proliferation of federal criminal legislation is just another example of the way in which the federal government has extended its reach far beyond what the Founding Fathers ever intended.

Judge not lest you be judged

U.S. District Judge Samuel Kent is not the only federal jurist in hot water for misbehavior. While Judge Kent's alleged misconduct has resulted in an indictment for federal sex crimes, his colleagues' misconduct has yet to result in any criminal investigations.


Thomas Porteous, a U.S. District Judge in New Orleans, is facing a possible impeachment over allegations he perjured himself regarding a bankruptcy filing and accepted gifts and money. He has been suspended from the bench. Judge Porteous filed for bankruptcy under a false name and attempted to hide evidence of his gambling losses. Porteous escaped criminal sanction as a result of the immunity he was granted as part of the disciplinary process.


Edward Nottingham, a U.S. District Judge from Denver, is being investigated due to his hobbies of going to topless clubs and frequenting escort services. Judge Nottingham has defended himself by blaming his problems on his own weaknesses. Funny, but that never seems to matter to the prosecutors at the Harris County (In)justice Center.

Manuel Real, a U.S. District Judge from Los Angeles, is in hot water as a result of his failing to provide reasons for his legal decisions -- admittedly a very important part of what a judge is supposed to do.


Finally, Alex Kozinski, a Federal Appellate Judge for the 9th Circuit, decided that putting sexually explicit material on his personal website was a good idea. I guess he never saw the commercial warning teenage girls not to post photos on the internet they wouldn't want their parents to see. Judge Kozinski requested that the investigation be conducted by another circuit.



All five judges are still being paid -- and will continue to be paid, as per the U.S. Constitution, until such time as they resign or are removed from office. Nice work if you can get it.

Update on Judge Samuel Kent

Last week in this blog I mentioned the historic indictment of federal Judge Samuel Kent on charges involving abusive sexual conduct. Today Judge Kent entered a federal courtroom -- as a defendant, not as a judge -- and informed the bench that he was "absolutely, unequivocally not guilty" and that he "look[ed] very much forward to a trial on the merits of what [he] consider[ed] flagrant, scurrilous charges."

Although there may be a problem (for the federales) with at least one charge that may be time-barred, the government has continued its investigation into the judge's financial and sexual behavior.

What comes around, goes around

U.S. District Judge Samuel Kent made history on Thursday as he became the first federal judge to be indicted for a federal sex crime. What began as a claim of sexual harassment by former case manager, Cathy McBroom, mushroomed as attorneys from the Department of Justice's Public Integrity Section completed their investigation.

Judge Kent will surrender on Wednesday for his initial court appearance.

It seems that Judge Kent, who decorated his opinions with sarcasm and contempt, forgot the first rule of this dog-eat-dog world: always be nice to the people on whom you step on the way up as it makes the trip back down a little more pleasant.