louisiana political corruption

Impeachment hearings open today for Judge Thomas Porteous
By Jonathan Tilove
November 17, 2009, 7:05AM
A federal court refused Monday to issue a temporary restraining order to block the opening of congressional hearings today into the potential impeachment of U.S. District Judge Thomas Porteous of Metairie.
Judge Thomas PorteousBut Judge Richard Leon of the U.S. District Court for the District of Columbia said attorneys for Porteous may still file for a preliminary injunction later this year, though he counseled that their chances for success are a "very, very long shot."
Richard Westling, representing Porteous, said he will consult with his client and let the court know his decision Nov. 30.
Irvin Nathan, general counsel for the House of Representatives, argued against the temporary restraining order, saying that if Leon had granted it, it would have been the first time in history that a court had tried to block any kind of congressional hearing.
"There is not a case in our history in which a court sought to keep a congressional proceeding from proceeding," Nathan said. Leon agreed that granting the restraining order would have been "beyond extraordinary."
The hour-long hearing was held in the federal courthouse in Washington, a few blocks from the Capitol.
At issue is whether Congress, in considering impeachment, is violating Porteous' Fifth Amendment right against self-incrimination by using testimony he was required to give under a grant of immunity from criminal prosecution to forumlate strategy and prepare witnesses in making the case for impeachment.
Nathan argued that the Justice Department long ago decided not to prosecute Porteous and that impeachment is explicitly not a criminal proceeding. It is also, he said, a congressional responsibility wholly beyond the power of the court.
Westling countered that impeachment is, in effect, a "quasi-criminal'' proceeding that could lead to Porteous being removed from office and barred from holding future federal office. That would happen if the House impeaches Porteous and the Senate convicts him.
Leon told Westling there was "just no precedent" for his pleading that Porteous' Fifth Amendment rights were being compromised in the impeachment proceedings. Westling replied that impeachment cases are very rare, and that he does not think there has ever been an impeachment case where immunized testimony was being used to help construct the case against the defendant.
Even without a temporary restraining order, Leon said, Porteous faces no imminent danger of lasting harm. While the House Judiciary Committee task force will hold its first hearings today and Wednesday on the Porteous case, Leon said the full House probably will not vote until the spring on whether to impeach Porteous and send his case to the Senate for trial.
Eight potential witnesses have been granted immunity to testify before the impeachment task force.
Before his appointment to the bench, Leon was counsel to Congress in the investigation of three sitting presidents, including in the Iran-Contra and Whitewater cases. He was nominated to the bench by President George W. Bush.
Porteous was nominated by President Clinton.
Among other things, he stands accused of making false statements in his personal bankruptcy filing, on his annual financial disclosure forms and on his applicaton for a bank loan, and not disclosing financial gifts from lawyers who appeared before his court.
While he continues to receive his salary as a judge for the U.S. District Court for the Eastern District of Louisiana, he is not allowed to hear cases.
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Jonathan Tilove can be reached at jtilove@timespicayune.com or 202.383.7827.
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