[Pages H5444-H5445]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

AUTHORIZING AND DIRECTING THE COMMITTEE ON THE JUDICIARY TO INQUIRE
WHETHER THE HOUSE SHOULD IMPEACH SAMUEL B. KENT, A JUDGE OF THE UNITED
STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF TEXAS

Ms. SLAUGHTER. Madam Speaker, I ask unanimous consent that the
Committee on Rules be discharged from further consideration of H. Res.
424 and ask for its immediate consideration in the House.
The Clerk read the title of the resolution.
The SPEAKER pro tempore. Is there objection to the request of the
gentlewoman from New York?
There was no objection.
The text of the resolution is as follows:

H. Res. 424

Resolved, That the Committee on the Judiciary shall inquire
whether the House should impeach Samuel B. Kent, a judge of
the United States District Court for the Southern District of
Texas.
Sec. 2. The Committee on the Judiciary or any subcommittee
or task force designated by the Committee may, in connection
with the inquiry under this resolution, take affidavits and
depositions by a member, counsel, or consultant of the
Committee, pursuant to notice or subpoena.
Sec. 3. (a) For the purpose of the inquiry under this
resolution, the Committee on the Judiciary is authorized to
require by subpoena or otherwise--
(1) the attendance and testimony of any person (including
at a taking of a deposition by counsel or consultant of the
Committee); and
(2) the production of such things;
as it deems necessary to such inquiry.
(b) The Chairman of the Committee on the Judiciary, after
consultation with the Ranking Member, may exercise the
authority of the Committee under subsection (a).
(c) The Committee on the Judiciary may adopt a rule
regulating the taking of depositions by a member, counsel, or
consultant of the Committee, including pursuant to subpoena.

Mr. DREIER. Madam Speaker, as you know this resolution authorizes the
Committee on the Judiciary to undertake an investigation to determine
whether Samuel Kent should be impeached. I know that we are all
appalled by the behavior that led to Judge Kent's guilty plea, and can
agree that moving forward with an eye to removing him from the bench is
the right thing to do.
While we have no objection to most of the resolution, I note that
section 3(c) authorizes staff deposition authority, something we have
been consistently concerned about due to the potential for abuse. My
understanding is that the Judiciary Committee intends tomorrow to adopt
a resolution putting in place the same safeguards on staff deposition
authority that they currently have in place for their investigation
into Judge Porteous. Those rules follow the model rules suggested by
the Rules Committee and contain adequate protections for the Minority.
I am inserting the text of the relevant resolutions for the Record.
Our agreement to this unanimous consent request is dependent on the
commitment from the Judiciary Committee that they will extend their
existing rules on staff deposition authority to this investigation
before engaging in staff depositions. Without similar assurances in the
future, we will oppose efforts to grant unelected staff unfettered
deposition authority.

Resolution

Resolved,

SECTION 1. ESTABLISHMENT OF TASK FORCE.

There is hereby established in the House Committee on the
Judiciary (hereinafter referred to as the ``Committee'') a
task force (hereinafter referred to as the ``Task Force'') to
conduct an inquiry into whether United States District Judge
G. Thomas Porteous should be impeached.

SEC. 2. FUNCTIONS.

The Task Force shall conduct such hearings and
investigations relating to the inquiry described in section 1
as the Chairman of the Committee, in consultation with the
Ranking Minority Member of the Committee, determines to be
warranted.

SEC. 3. MEMBERSHIP.

The members of the Task Force shall be chosen from among
the members of the Committee as follows:
(1) 7 members shall be chosen by the Chairman of the
Committee.
(2) 5 members shall be chosen by the Ranking Minority
Member of the Committee.

SEC. 4. CHAIRMAN; RANKING MINORITY MEMBER.

The Chairman of the Committee shall designate one member of
the Task Force to be the Chair of the Task Force. The Ranking
Minority Member of the Committee shall designate one member
of the Task Force to be the Ranking Minority Member of the
Task Force.

SEC. 5. AUTHORITY AND PROCEDURES.

(a) In General.--Except as otherwise provided in this
resolution, the Rules of the House of Representatives
applicable to standing committees and the rules of the
Committee shall govern the Task Force.
(b) Deposition Authority.--
(1) Chairman may order.--The Chairman of the Committee,
upon consultation with the Ranking Minority Member of
Committee, may order the taking of depositions, under oath
and pursuant to notice or subpoena. Consultation with the
Ranking Minority Member shall include three business days
written notice before any deposition is taken. All members of
the Task Force shall also receive three business days written
notice that a deposition has been scheduled.
(2) Mode for taking.--Notices for the taking of depositions
shall specify the date, time, and place of examination.
Depositions shall be taken under oath administered by a
member of the Task Force or a person otherwise authorized to
administer oaths. The individual administering the oath, if
other than a member, shall certify that the witness was duly
sworn. Witnesses may be accompanied at a deposition by
counsel to advise them of their rights. No one may be present
at depositions except members of the Task Force, Committee
staff or consultants designated by the Chairman or Ranking
Minority Member of the Committee, an official reporter, the
witness, and the witness's counsel. Observers or counsel for
other persons may not attend.
(3) Conduct of deposition.--A deposition shall be conducted
by a member of the Task Force or by Committee staff or
consultants designated by the Chairman or Ranking Minority
Member of the Committee. Questions in the deposition shall be
propounded in rounds, unless the Chairman and Ranking
Minority Member of the Committee otherwise agree. A single
round shall not exceed 60 minutes per side, unless the
persons conducting the deposition agree to a different length
of questioning. When depositions are conducted by staff or
consultants, there shall be no more than two persons
permitted to question a witness per round, one to be
designated by the Chairman of the Committee and the other by
the Ranking Minority Member of the Committee. Other Committee
staff or consultants designated by the Chairman or Ranking
Minority Member of the Committee may attend, but may not pose
questions to the witness during that round. In each round,
the person designated by the Chairman of the Committee shall
ask questions first, and the person designated by the Ranking
Minority Member shall ask questions second.
(4) Objections.--The Chairman of the Committee may rule on
any objections raised during a deposition, either during the
deposition or after the deposition has been concluded. If a
member of the Task Force appeals in writing the ruling of the
Chairman, the appeal shall be preserved for Committee
consideration. A witness that refuses to answer a question
after being directed to answer by the Chairman may be subject
to sanction, except that no sanctions may be imposed if the
ruling of the Chairman is reversed on appeal.
(5) Transcription of testimony.--Committee staff and
designated consultants shall ensure that the testimony is
either transcribed or electronically recorded or both. If a
witness's testimony is transcribed, the witness or the
witness's counsel shall be afforded an opportunity to review
a copy. No later than five days thereafter, the witness may
submit suggested changes to the Chairman of the Committee.
Committee staff or designated consultants may make any
typographical and technical changes requested by the witness.
Substantive changes, modifications, clarifications, or
amendments to the deposition transcript submitted by the
witness must be accompanied by a letter signed by the witness
requesting the changes and a statement of the witness's
reasons for each proposed change. Any substantive changes,
modifications, clarifications, or amendments shall be
included as an appendix to the transcript conditioned upon
the witness signing the transcript. The transcriber shall
certify that the transcript is a true record of the
testimony, and the transcript shall be filed, together with
any electronic recording, with the clerk of the Committee in
Washington, DC. The Chairman and the Ranking Minority Member
of the Committee shall be provided with a copy of the
transcripts of the deposition at the same time. The Chairman
and Ranking Minority Member shall consult regarding the
release of depositions. If either objects in writing to a
proposed release of a deposition or a portion thereof, the
matter shall be promptly referred to the Committee for
resolution.
(6) Deemed place of taking.--Depositions shall be
considered to have been taken in Washington, DC, as well as
the location in which actually taken, once filed there with
the clerk of the Committee for the Committee's use.
(7) Requirement to provide copy of resolution to witness.--
A witness shall not be required to testify unless the witness
has been provided with a copy of this resolution and the
resolution of the House of Representatives authorizing and
directing the Committee to make the inquiry described in
section 1.

SEC. 6. EXPIRATION.

The Task Force shall expire at the end of the 111th
Congress.

SEC. 7. EFFECTIVE DATE.

This resolution shall take effect on January 22, 2009.

[[Page H5445]]

Resolution

Resolved, That the resolution adopted in the Committee
January 22, 2009, establishing the task force to conduct an
inquiry regarding the impeachment of Judge Porteous, is
amended as follows:
(1) Section 1 is amended to read as follows:

``SECTION 1. ESTABLISHMENT OF TASK FORCE

``There is hereby established in the House Committee on the
Judiciary (hereinafter referred to as the ``Committee'') a
task force (hereby referred to as the ``Task Force'') to
conduct--
``(1) an inquiry into whether United States District Judge
G. Thomas Porteous should be impeached; and
``(2) an inquiry into whether United States District Judge
Samuel B. Kent should be impeached.''
(1) Section 5(a) is amended to read as follows:
``(a) In General.--Except as otherwise provided in this
resolution, the Rules of the House of Representatives
applicable to the Committee on the Judiciary, the rules of
the Committee, and the authorities provided in House
Resolution 15 and House Resolution ___, shall govern the
inquiries conducted by the Task Force.''

The resolution was agreed to.
A motion to reconsider was laid on the table.

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