With near unanimity and no fanfare, the Senate made history last month. Senators from both parties came together on Dec. 8, 2010, to vote overwhelmingly to convict and remove from office G. Thomas Porteous, a federal district judge in Louisiana. This was only the eighth time that the Senate removed a federal judge and only the third time it disqualified someone from holding another federal office. Three of the impeachment articles approved unanimously by the House earlier this year, and on which the Senate convicted Porteous, included his misconduct as a federal judge. The fourth article was new in the annals of impeachment.
Article IV alleged that Porteous lied to the FBI and the Senate during their investigations for his confirmation by failing to disclose and making false statements regarding his corrupt relationships as a state court judge with various lawyers and bail bondsmen. There have been only 18 impeachments in American history, 15 of which involved federal judges. In no prior instance has anyone been impeached, much less convicted, for conduct occurring prior to assuming federal office. Porteous’ removal thus breaks new constitutional ground, with significant implications for the federal impeachment and appointments processes.
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