Attorneys for The Galveston County Daily News, Houston Chronicle and The New York Times filed a joint motion Wednesday in U.S. District Court seeking to lift or amend an order keeping insiders from talking about sexual misconduct charges leveled against former federal Judge Samuel Kent.
Meanwhile, a congressman who serves on the House Judiciary Committee is calling for Kent’s impeachment.
Kent, who had been indicted on five counts of sexual misconduct and one count of obstructing justice, pleaded guilty to obstruction Monday just hours before his trial was to begin.
Lawyers and witnesses in the case were under a strict gag order issued by Judge Roger Vinson. Vinson said the gag order would remain in effect until Kent is sentenced May 11.
Judges typically issue gag orders to prevent potential jurors from being biased by news accounts and statements by attorneys and witnesses before trials began. The newspapers argued that, since there would be no trial, the order should be lifted or amended.
“Under these circumstances, maintenance of the order amounts to an ongoing unconstitutional prior restraint and, in addition, infringes upon Press Intervenors’ First Amendment right to gather news,” according to the motion.
The judge had not ruled on the motion late Wednesday.
Even though Kent’s plea includes a provision he would step down from the bench, a Republican member of the House Judiciary Committee said he intends to seek Kent’s impeachment. U.S. Rep James Sensenbrenner, R-Wisconsin, told The Associated Press he planned to introduce a resolution to impeach the 59-year-old judge.
Kent appears to be asking to retire under a disability exception of the retirement procedures for federal judges. Under those guidelines, only a judge who is 65 years old and has served at least 15 years is eligible for a pension, which would pay Kent about $169,000 a year for the rest of his life if his request were granted.
However, the 5th U.S. Circuit Court of Appeals would have to grant Kent’s request. That is the same panel Kent admitted lying to when he pleaded guilty to obstruction of justice. That charge came after Kent denied having sex with one of the two women who accused him of sexual harassment.
As part of the plea agreement, Kent admitted he tried to force his former case manager into unwanted sex acts in August 2003 and March 2007 and did the same with his secretary from 2004 through at least 2005. Under the plea deal, the sexual harassment misconduct charges were dropped.
Sensenbrenner, a former chairman of the committee said, “felons don’t belong on the bench.” Calls to the committee’s Capitol Hill press offices were not returned.
Kent still has his supporters, though.
Russ Burwell, a longtime friend of Kent’s and founder of the Burwell Nebout law firm in Texas City, called any effort to take away Kent’s pension as “unfair” and cited the judge’s time on the bench and popularity for having the ability to push so many cases through in a timely manner as a reason his pension should remain intact.
