The Senate began impeachment proceedings this morning against Samuel B. Kent, a federal judge in Texas who has refused to resign from his lifetime appointment to the bench before 2010, even though he is currently serving a 33-month sentence in federal prison for obstruction of justice. This is the the first impeachment in Congress since then-President Bill Clinton was impeached by the House and subsequently acquitted by the Senate in 1999.
Last year, Kent was indicted on multiple counts of sexual misconduct after two former employees filed complaints, saying he repeatedly made unwanted sexual advances toward them in his offices. Before his trial was to begin, Kent pleaded guilty to one count of obstruction of justice and admitted to "non-consensual sexual contact" with two women on his staff.
Earlier this month, Kent submitted a letter of resignation from the bench, but he stipulated that it would not be effective until 2010. Until then, he would still receive his full $174,000 annual salary and benefits, even from his jail cell.
As the House considered impeaching Kent last week, Rep. Jim Sensenbrenner (R-Wisc.), a Clinton impeachment manager and senior member of the House Judiciary Committee, said, "By making his resignation effective for June 1, 2010, taxpayers will essentially pay Judge Kent one year's salary, almost $174,000, for sitting behind bars and doing nothing." Impeachment by the House and conviction by the Senate is the only way to remove the judge from office.
Last week, the House impeached the judge for high crimes and misdemeanors. Today, five House impeachment managers presented the Senate with four articles of impeachment against Kent, two related to making false statements to federal investigators and two related to his admission that he made unwanted sexual advances to his staffers.
This morning, the Senate voted to send a summons to Kent, asking for his answer to the impeachment charges against him. Senators also appointed a bipartisan impeachment committee, made up of six Democrats and six Republicans, which will investigate and present evidence against Kent at an impeachment trial before the Senate. The investigation is expected to take at least several weeks.
After the trial, the Senate will vote on whether to convict Kent. A two-thirds majority vote on any one of the four articles against him will remove him from office immediately.
Although the Clinton impeachment looms large, impeachment proceedings in the House and Senate are incredibly rare. Just 18 officials have ever been impeached by the House, including Kent, Clinton and President Andrew Johnson, while only seven of 17 have been convicted by the Senate, according to the Senate historian's office.
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