Members of the U.S. Senate are expected to receive today four articles of impeachment against Judge Samuel B. Kent.
A timetable, however, remains unknown for events that could culminate in a possible Senate trial against Kent. Impeachment by the House and a conviction in the Senate is the only means of removing the incarcerated federal judge from his lifetime appointment to the bench.
The House of Representatives overwhelmingly approved Kent’s impeachment Friday.
Two former employees, Kent’s caseworker and secretary, accused the judge of sexual misconduct, charges that federal prosecutors dropped in exchange for Kent’s guilty plea Feb. 23 to a felony obstruction of justice charge.
Kent, 60, began serving his 33-month prison sentence June 15. He sent a letter to President Barak Obama announcing his intention to resign from the Galveston bench next June.
Attorney Dick DeGuerin represented Kent during the judge’s criminal proceedings. It was unclear whether DeGuerin would represent Kent if the Senate convenes a trial.
A message left Tuesday for DeGuerin wasn’t returned.
After the Senate convenes at 10 a.m. today for a quorum, five members of the House are expected to enter the Senate chamber to present the four articles of impeachment, which would be read aloud.
The House impeached Kent on grounds of high crimes and misdemeanors.
The first two articles reference Kent’s admitted non-consensual, sexual contact with his two female employees.
The remaining two include references to Kent’s false statements to investigators.
After the Senate receives the articles of impeachment, Sen. Mitch McConnell, R-Ky., will administer the oath to the acting president pro tempore, who will then administer the oath to all senators in accordance with the Constitution.
The Senate is then expected to pass two resolutions, one summoning Kent from his federal prison in Ayer, Mass., and setting dates for filing his answer to the articles of impeachment from the House.
The second resolution if approved could appoint a bipartisan committee, composed of six Democrats and six Republicans, to compile the evidentiary record.
The committee could hear motions and review filings and could conduct evidentiary proceedings.
It was unknown whether those proceedings could include testimony from witnesses, such as Kent’s former case manager, Cathy McBroom, and secretary, Donna Wilkerson, who testified before the House Committee of the Judiciary.
The Senate committee’s work likely will last several weeks, but once it is complete, it will produce a record of the proceedings and summary of the evidence for the full Senate.
If Kent refuses to resign and relinquish his $174,000 annual salary before a trial, then the full Senate would then convene post-trial proceedings.
The House managers and Kent’s counsel would present closing arguments and could be asked questions from Senators. Evidence also could be heard on the Senate floor.
The Senate typically debates articles in closed session, which is similar to a closed jury deliberation, but all votes would be cast in open session.
A two-thirds majority is needed for conviction, and if convicted, then Kent would be removed from the office he held in Galveston for almost 20 years.
Today’s Senate proceedings should be available on C-SPAN2 or its Web site.
