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When the people fear the government, there is tyranny; When the government fears the people, there is liberty.  ~ Thomas Jefferson

 

Entries Tagged as 'Accountability'

Gun dealers often stay in business with new licenses after ATF shuts them down

December 14th, 2010 · Accountability

By David S. Fallis Washington Post Staff Writer
Tuesday, December 14, 2010; 12:27 AM

About a hundred times a year, regulators strip gun dealers of their licenses for violations of federal law, an extreme step taken only when repeated infractions are deemed a threat to public safety.

But a year-long Washington Post investigation documented about 60 cases since 2003 in which the businesses stayed open, often re-licensed through relatives, employees, associates or newly formed companies.

“We’ll just have to play musical licenses,” the owner of the Highland Gun Barn in Michigan said when a federal inspector served him with a final notice to surrender his license.

A California sports shop had its license revoked after inspectors from the Bureau of Alcohol, Tobacco, Firearms and Explosives said the 87-year-old owner’s repeated violations of gun laws showed she was unable to run a gun business. Before she forfeited her license, the woman’s son obtained a permit to sell guns at the same shop. He said he would be at the shop two days a week and that his mother would “exclusively direct all day-to-day business.”

A Maryland gun store that ATF said lost track of weapons and failed to do background checks was forced to surrender its license after the owner lost a court battle. Six months later, ATF issued the dealer’s wife a license at his old shop in Fallston, Md.

A Georgia gun dealer had its license revoked after ATF said it could not account for hundreds of guns. The dealer’s daughter and son-in-law secured their own license to keep the business going.

It is all legal.

“This is the way Congress wrote the law,” said James Zammillo, who was with ATF for four decades and served as deputy assistant director of industry operations before retiring this year. “The spirit of the law is that unless the applicant is prohibited, you have to issue a license. There is no discretion.”

Because of the secrecy Congress imposed on federal gun records in 2003, the details of inspection violations are typically redacted from public records unless a case ends up in court. When revocations are pursued, the problems can include sales done without background checks, improperly completed forms or missing weapons, one of ATF’s chief concerns.

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ObamaCare Loses in Court: A victory for liberty and the Constitution in Virginia.

December 14th, 2010 · Accountability, Dissention, Ethics, Healthcare

Only a few months ago, the White House and its allies on the legal left dismissed the constitutional challenges to ObamaCare as frivolous, futile and politically motived. So much for that. Yesterday, a federal district court judge in Virginia ruled that the health law breaches the Constitution’s limits on government power.

In a careful 42-page ruling, Judge Henry Hudson declared that ObamaCare’s core enforcement mechanism known as the individual mandate—the regulation that requires everyone to purchase health insurance or else pay a penalty—exceeds Congress’s authority to regulate the lives of Americans.

“The unchecked expansion of congressional power to the limits suggested by the Minimum Essential Coverage Provision [the individual mandate] would invite unbridled exercise of federal police powers,” Judge Hudson writes. “At its core, this dispute is not simply about regulating the business of insurance—or crafting a scheme of universal health insurance coverage—it’s about an individual’s right to choose to participate.”

So the issue is joined, and no doubt with historic consequences for American liberty. For most of the last century, the U.S. Supreme Court interpreted the Constitution’s Commerce Clause as so elastic as to allow any regulation desired by a Congressional majority. Only with the William Rehnquist Court did the Justices begin to rediscover that the Commerce Clause has some limits, as in the Lopez (1995) and Morrison (2000) cases.

The courts up through the Supremes will now decide if government can order individuals to buy a private product or be penalized for not doing so. If government can punish citizens for in essence doing nothing, then what is left of the core Constitutional principle of limited and enumerated government powers?

Judge Hudson’s opinion is particularly valuable because it dispatches the White House’s carousel of rationalizations for its unprecedented intrusions. The Justice Department argued that the mandate is justified by the Commerce Clause because the decision not to purchase insurance has a substantial effect on interstate commerce because everybody needs medical care eventually. And if not that, then it’s permissible under the broader taxing power for the general welfare; and if not that, then it’s viable under the Necessary and Proper clause; and if not that, well, it’s needed to make the overall regulatory scheme function.

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As U.S. assesses Afghan war, Karzai a question mark

December 13th, 2010 · Accountability, Afghanistan, Defense, Democrats, Dissention, Ethics, Federal Spending, Government, Government Control, National Security, Non-Transparency, Obama's Scheme, Selling Out the US, Tax Dollars, War on Terrorism

By Rajiv Chandrasekaran -Washington Post Staff Writer
Monday, December 13, 2010; 12:00 AM

KABUL – Afghan President Hamid Karzai had heard enough.

For more than an hour, Gen. David H. Petraeus, U.S. Ambassador Karl W. Eikenberry and other top Western officials in Kabul urged Karzai to delay implementing a ban on private security firms. Reconstruction projects worth billions of dollars would have to be shuttered, they maintained, if foreign guards were evicted.

Sitting at the head of a glass-topped, U-shaped table in his conference room, Karzai refused to budge, according to two people with direct knowledge of the late October meeting. He insisted that Afghan police and soldiers could protect the reconstruction workers, and he dismissed pleas for a delay.

As he spoke, he grew agitated, then enraged. He told them that he now has three “main enemies” – the Taliban, the United States and the international community.

“If I had to choose sides today, I’d choose the Taliban,” he fumed.

After a few more parting shots, he got up and walked out of the wood-paneled room.

The riposte, and the broader fight over private security contractors, prompted deep alarm among senior U.S. officials in Kabul and Washington. The Obama administration had been trying for the better part of a year to cast aside earlier disputes and make nice with Karzai. But it clearly was not working. Eikenberry told colleagues at the embassy that the relationship had hit its lowest point in years.

As President Obama and his national security team assess the war this week, a central element of the discussion will be their difficulties in building a partnership with Karzai. Despite a concerted effort by top diplomats and commanders, the United States has been unable to achieve more than ephemeral bonhomie with the Afghan leader.

“Our relationship with him has become so tortured,” said a senior administration official. “We’ve gone from one crisis every three months to one crisis a month.”

There is near-universal agreement among top U.S. officials involved in Afghanistan that Karzai’s behavior and leadership have a direct bearing on the outcome of the multinational counterinsurgency mission. But they remain divided about how to improve their ties with him, and whether it is even possible.

Skeptics of the strategy contend his actions, particularly in the six months since the Obama administration started to embrace him as a partner, demonstrate that he cannot be rehabilitated. As a consequence, they maintain that the overall U.S. mission should be scaled back because it is impossible to conduct a counterinsurgency campaign without a steadfast ally in Kabul’s presidential palace.

Supporters of the strategy are of two minds. Some argue that the United States should take a harder line with him. Others play down the blow-ups, casting them as normal disagreements among allies in a challenging situation. They express sympathy with his grievances, saying he is simply expressing frustration over years of U.S. mismanagement of the war and a failure to respond adequately to his concerns.

“Karzai is at fault for sparking a crisis, but we’re at fault for letting it get there,” said the senior official, who like others interviewed requested anonymity to speak frankly about the Afghan leader.

Karzai has been raising objections to private security firms for five years, and he repeatedly sought help from the U.S. government to limit the role of contract guards, “but nobody listened to him,” said his chief of staff, Mohammad Umer Daudzai. “If our friends in the international community had helped us from the beginning, we wouldn’t have to take such a drastic step.”

The Afghan president’s disputes with the United States appear to indicate a more fundamental difference over America’s war strategy. Karzai insists the principal problem is the infiltration of insurgents from Pakistan. In his view, U.S. forces should be focused on the border, not on operations in Afghan villages, which he regards as too intrusive and disruptive.

“We will fight with you against terrorism. But terrorism is not invading Afghan homes,” he said in a recent interview. U.S. troops, he said, should focus instead on “necessary activities along the border.”

Americans maintain that the conflict is driven by tribal rivalries, an inequitable distribution of power at the local level and the government’s failure to provide even the most basic services. That is why the U.S. solution is a comprehensive counterinsurgency strategy to improve security and governance.

In his flare-ups, Karzai “is sending us a message,” said a senior U.S. military official. “And that message is, ‘I don’t believe in counterinsurgency.’ ”

Angry and misunderstood

The October meeting with Petraeus and Eikenberry was not the first time Karzai had threatened to cast his lot with the Taliban. He did so in a March speech to parliament, an outburst that occurred days after Obama concluded his first presidential trip to Kabul.

Karzai was angry over comments made by then-National Security Adviser James Jones that the Afghan leader was not doing enough to fulfill commitments he had made in his second inaugural address – promises that factored into Obama’s decision last year to send 30,000 more troops into the country.

Over the following weeks, White House officials debated whether their get-tough strategy with Karzai – an approach they had taken since Obama took office – was actually backfiring. In April, Obama opted for a different course, bluntly instructing his national security team to treat Karzai with more respect in public.

For a little while, the relationship improved. It was around that time that Karzai learned that the then-commander of coalition forces, Gen. Stanley A. McChrystal, had decided not to try to oust his half brother Ahmed Wali Karzai from his influential post in Kandahar, despite persistent rumors of corruption and connections to narcotics trafficking.

Karzai forged a closer relationship with McChrystal than he has with any of his predecessors. Shortly after he arrived in Kabul, McChrystal tightened rules on airstrikes in an effort to reduce civilian casualties. When U.S. Marines wanted to push into Marja, a Taliban sanctuary in Helmand province, the general went to Karzai with the plan and said, “Sir, this is for you to approve,” according to a person familiar with the exchange.

When McChrystal was summoned back to the White House after a magazine article quoted him and his aides making disrespectful comments about Obama administration officials, Karzai came to the general’s defense. It did not help.

When Petraeus arrived in early July as the new commander, he sought to pick up where McChrystal left off. He strongly urged Karzai, at their first meeting, to approve the creation of armed village defense forces, a controversial initiative that McChrystal had nearly persuade Karzai to back. But the Afghan leader responded angrily. He refused to endorse the program and instead lectured Petraeus on Afghan concerns over militias, according the U.S. and Afghan officials familiar with the meeting.

In late July, tensions escalated once again over the arrest of one of Karzai’s aides on bribery charges by a member of an Afghan anti-graft task force that works closely with FBI investigators. Karzai quickly ordered the aide released and accused those who arrested him, in a nighttime raid on his house, of using tactics “reminiscent of the days of the Soviet Union.”

As U.S. diplomats and commanders in Kabul were busy addressing the fallout of that case, he was stewing about another matter: the impunity with which private security contractors operate in his country. In July, a sport-utility vehicle driven by private guards was involved in a collision in Kabul that left one Afghan dead. The incident, which led to a protest and shouts of “Death to America,” struck a sensitive nerve for the president.

The next month, he issued a decree ordering the disbanding of all private security forces by the end of the year.

U.S. diplomats assumed he would eventually back down because banning private guards would shut down embassies, stop military supply convoys and force the U.S. Agency for International Development to cease work on reconstruction projects worth billions of dollars.

But the diplomats failed to grasp the depth of his anger – and his belief that the billions in foreign assistance flowing into Afghanistan was causing more harm than good.

“We could have listened to him then,” a senior U.S. diplomat said. “But nobody took him seriously.”

Firm on contractors

For weeks, the U.S. Embassy and the coalition military headquarters expected Karzai to rescind his order, or at least carve out an exemption large enough for the contractors to barrel through in their armored SUVs.

The president did make revisions, exempting embassy guards and military convoys, but he held firm on the private contractors protecting development workers. He accused them of being behind “blasts and terrorism,” and he blamed the U.S. government for funding security firms that “send money to kill people here.”

Karzai’s stance flummoxed U.S. officials in Kabul and Washington. U.S. military officials tried to determine whether a quid pro quo was driving the decision. Several of Karzai’s relatives and political allies have large ownership stakes in private security firms in southern Afghanistan. Even though the order applied to them as well, some appeared to be making plans to adapt to – and profit from – the new rules.

In Uruzgan province, Matiullah Khan, the leader of a powerful militia that has a monopoly on guarding supply convoys and other truck traffic from Kandahar, is making quiet moves to transition his 2,000-man force into a newly created highway police unit. According to Western officials familiar with the issue, he would be made a police general and his men would receive salaries and uniforms.

But, the officials said, it is highly unlikely military contractors and private merchants will stop paying protection fees to Matiullah once his men are members of the police.

“It’s a win-win strategy for Matiullah and Karzai,” one Western official in southern Afghanistan said. “The president gets to say he’s disbanded private security firms, and the warlord, who is his ally, gets richer.”

But other than the Matiullah case, U.S. officials could not identify a systematic effort to consolidate business around the president’ relatives and allies. The principal motivation seemed to be his deep-seated belief that the billions in reconstruction spending was hurting more than helping.

“We know some projects may be delayed. We know some projects may close down,” Daudzai said. “But it’s worth it because the other side [retaining private security contractors] is even more dangerous.”

No ‘stooge’

The standoff was the moment for high-level American diplomacy, but the two men with principal responsibility for civilian engagement with Karzai, Eikenberry and special envoy Richard Holbrooke, have, at best, a fractured relationship with him – and each other. Neither was able to persuade Karzai to relent in their initial discussions with him.

State Department officials sympathetic to Holbrooke accused Eikenberry and his staff of not grasping the issue quickly enough. Embassy officials, in turn, questioned why Holbrooke was not doing more to help.

“The biggest problem in our relationship with Karzai is that we don’t have any diplomats who actually have a relationship with him,” said a U.S. military official in Kabul.

Secretary of State Hillary Rodham Clinton eventually was forced to weigh in. Several U.S. officials credit her follow-up intervention with softening his stance.

Karzai finally relented by easing the ban to exempt development firms, but not before the crisis dominated the agenda at the U.S. Embassy and the USAID mission for weeks, pushing aside other business. USAID was forced to work up elaborate contingency plans, an effort one staffer said consumed “thousands of person-hours.”

As soon as a compromise was brokered, Karzai lit another fire by saying that the United States should “reduce military operations” and end Special Operations raids, despite indications that U.S. forces have made headway against the Taliban in recent months. Those remarks drew a heated response from Petraeus and once again prompted questions in Kabul and Washington about Karzai’s willingness to fix his country.

Asked whether he considers himself a partner with the United States, Karzai said “it depends on how you define a partner in America.”

“I will speak for Afghanistan, and I will speak for the Afghan interest, but I will seek that Afghan interest in connection with and together with an American interest and in partnership with America,” he said. “In other words, if you’re looking for a stooge and calling a stooge a partner, no. If you’re looking for a partner, yes.”

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Web companies fear Google’s reach

December 13th, 2010 · Accountability, Greed

By Jia Lynn Yang – Monday, December 13, 2010; 12:37 AM

Google this year has been gobbling up Web companies that look nothing like Google, from a social gaming start-up to a firm that powers most online sales for the airline industry.

As the tech giant spreads its reach, it is making new enemies who fear that once Google steps onto their turf it will use its almighty search engine to quash them. Now, these critics are pushing antitrust officials to block some of Google’s mergers or build a blockbuster case against the search behemoth, reminiscent of the government’s battle with Microsoft.

Yet as Google expands its ecosystem of products – a spread that already includes e-mail, a digital bookstore and cellphone software – it’s only become a bigger puzzle for regulators.

Antitrust law was crafted with bricks-and-mortar companies in mind, companies whose business lines fit into neat categories, not a firm like Google whose influence is spreading lightning-quick into different markets that are connected only by the Internet.

Google says its acquisitions help the company build a bigger menu of useful products for consumers. And the tech firm accuses competitors of waging their battles against the company in Washington, rather than going toe to toe on the Web.

“We’re a big company. We’re disruptive. We’re going to get scrutiny from governments around the world, and that just comes with the territory,” said Adam Kovacevich, Google’s senior manager of global communications and public affairs.

Antitrust enforcers at the Justice Department and the Federal Trade Commission are examining Google carefully with each big merger it proposes. But they have yet to allege the company is acting illegally as a dominant player on the Web.

Regulators in other countries have begun to act. The European Commission said last month that it is investigating charges that Google is suppressing search results for firms offering rival services, such as price comparisons for shoppers. The Texas attorney general is looking into similar allegations.

Antitrust officials everywhere are essentially turning over the same question: Can Google compete fairly with other companies when its go-to search engine determines what users find – or don’t find – on the Internet?

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Emptying the pork barrel would hit some states especially hard

December 13th, 2010 · Accountability, Corruption, Deception, Economy, Ethics, Greed, Non-Transparency, Politics, Tax Dollars

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Ron Paul to chair monetary policy subcommittee overseeing Fed

December 11th, 2010 · Accountability, Change of Power, Republicans

By Felicia Sonmez

Texas Republican Rep. Ron Paul is poised to chair the House Domestic Monetary Policy Subcommittee, putting the gavel of the panel overseeing the Federal Reserve into the hands of one of the central bank’s most outspoken critics.

Rep. Spencer Bachus (R-Ala.), the incoming chairman of the House Financial Services Committee, announced Thursday that Paul will head the subcommittee when Republicans assume the majority in the 112th Congress.

“This is the leadership team that crafted the first comprehensive financial reform bill to put an end to the bailouts, wind down the taxpayer funding of Fannie Mae and Freddie Mac, and enforce a strong audit of the Federal Reserve,” Bachus said in a statement, adding that the committee’s “first priority is to end the taxpayer funded bailout of Fannie and Freddie.”

On Wednesday, a group of about 30 tea party-aligned groups wrote a letter urging Bachus and House Speaker-designate John Boehner (R-Ohio) to support Paul’s bid for subcommittee chairman. The letter was in response to reports that GOP leaders were mulling ways to block Paul from becoming chairman over concerns that his views are too radical.

In the letter, the groups warned that the “implied message” of blocking Paul would be “one of indifference towards the concerns of those who helped put the Republican Party back in the majority.”

Paul has been a harsh critic of the Federal Reserve and has pushed for measures that would audit the central bank or abolish it altogether. The subcommittee also has jurisdiction over “precious metals,” and Paul has advocated a return to the gold standard.

By Felicia Sonmez | December 9, 2010

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Clinton snubbed by Iranian foreign minister; WikiLeaks has K Street scrambling

December 9th, 2010 · Accountability, Foreign Policy, Iran, WikiLeaks

Foreign Policy’s Josh Rogin – Thursday, December 9, 2010; 6:49 AM

Clinton gets snubbed – twice – by Iran’s foreign minister

Secretary of State Hillary Rodham Clinton tried to speak with her Iranian counterpart twice during a gala dinner last week in Bahrain, pursuing him both inside and outside the dinner at the Ritz-Carlton. Each time, Foreign Minister Manouchehr Mottaki deliberately avoided contact with her.

“If he comes to the dinner, I’ll probably see him. But he doesn’t talk to me,” Clinton told The Cable in our exclusive interview just hours before the event in Manama.

Turns out she was right. Everybody at the opening dinner for the 2010 International Institute for Strategic Studies Manama Security Dialogue, where Clinton gave the speech, was watching to see if she and Mottaki would trade words. After all, they were seated only five seats apart.

Clinton’s first attempt came just as the dinner ended. All the leaders sitting at the head table were shaking one another’s hands. Mottaki was shaking hands with Jordan’s King Abdullah II when Clinton called out to him.

“As I was leaving and they were telling me, ‘Hurry up, you have to get to the plane,’ I got up to leave and he was sitting several seats down from me and he was shaking people’s hands, and he saw me and he stopped and began to turn away,” Clinton told reporters on the plane ride home.

“And I said, ‘Hello, Minister!’ And he just turned away,” said Clinton, adding that Mottaki seemed to mutter something in Farsi but was clearly trying to avoid her.

At a news conference the next day, Mottaki had a different take on the interaction.

“Some people said that last night at the dinner Hillary Clinton said hello to me as I was greeting the king of Jordan,” he said. “According to the Islamic tradition, there is a necessity to respond. . . . The people of this region are very famous for being polite.”

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Reid plays school yard games as he seeks votes that are sure to fail: Not fit for Congress

December 8th, 2010 · Accountability, Democrats, Dissention, Ethics, Federal Spending, Government Control, Greed, Non-Transparency, Terrorism from Within

Reid salutes America...Not fit for Congress!

In political gamble, Reid seeks votes that are sure to fail

By David A. Fahrenthold Washington Post Staff Writer
Wednesday, December 8, 2010; 5:17 PM

On Wednesday afternoon, the most powerful man in the U.S. Senate did something that sounds odd: He set himself up to lose an important vote.

Then he planned to do it again, on another key issue.

And then another.

And then another.

Four times in the same afternoon, Senate Majority Leader Harry M. Reid (D-Nev.) planned votes where his favored bills were expected to fail. For Reid, failure is actually the point. He wants to put Republicans on record as blocking all four – which deal with immigration rules, police and firefighters’ unions, health benefits for responders to the Sept. 11, 2001, terrorist attacks, and seniors’ benefits.

These “test votes” are a sign of the sclerotic state of Congress, clogged by filibuster threats. Usually, it is the people out of power who resort to grand, futile gestures.

Now – in a political gamble – it’s the guys in charge.

“Just because the party of ‘Just say no,’ has been blocking all these initiatives, it doesn’t mean we’re not going to try,” said Jim Manley, a spokesman for Reid. “At some point, you’ve got to take a stand, and let the chips fall where they may.”

Senate Democrats, who hold a majority in the chamber, held their last “test vote” on Saturday. That proposal called for an end to tax cuts, passed under President George W. Bush, on income greater than $250,000 for a family.

Democrats needed 60 senators to agree. They got just 53.

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Senate convicts La. judge on impeachment charges

December 8th, 2010 · Accountability, Corruption

AP Photo

By BEN EVANS – The Associated Press
Wednesday, December 8, 2010; 11:57 AM

WASHINGTON — The Senate on Wednesday convicted U.S. District Judge G. Thomas Porteous of Louisiana on four articles of impeachment, making him just the eighth federal judge in history to be removed by Congress.

Porteous, who sat before senators in the well of the chamber as they voted separately on each count, declined to comment as he left the chamber. Attorney Daniel Schwartz said, “We’re obviously disappointed with the result.”

House prosecutors laid out a damaging case against Porteous, 63, a New Orleans native who was a state judge before winning appointment to the federal bench by President Bill Clinton in 1994. The prosecutors said gambling and drinking problems led him to begin accepting cash and other favors from attorneys and bail bondsmen with business before his court.

He also was accused of lying to Congress during his judicial confirmation and filing for bankruptcy under a false name.

The Senate voted unanimously to convict on one count and with a strong majority for each of the other three.

Porteous’ lead attorney, Jonathan Turley, acknowledged much of the behavior, saying the judge made mistakes but arguing that they were mostly personal failings that didn’t meet the “high crimes and misdemeanor” standard for impeachment. Turley also argued that many of the practices – such as accepting favors and expensive meals – were common in the Louisiana legal community.

But House prosecutors said the evidence showed a decades-long pattern of corruption. They told senators that allowing Porteous to remain on the bench would erode public confidence in the courts and make a mockery of the federal judiciary.

The Senate closed the chamber for more than two hours Tuesday night to deliberate on his fate. The Senate made its decision Wednesday in a solemn ceremonial vote in which senators sat at their desks and rose when called, saying “guilty” or “not guilty.”

Porteous offered little reaction as the decision became clear, mostly looking down at papers before him where an attorney kept a tally of the votes.

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Impeachment of Louisiana judge goes before Senate

December 8th, 2010 · Accountability, Corruption

AP – US District Judge G. Thomas Porteous, left, walks with his attorney Jonathan Turley, on Capitol Hill …

By Ben Evans – Tuesday, December 7, 2010; 11:45 PM

The attorney for an impeached federal judge on trial before the Senate argued Tuesday that Congress is pursuing unconstitutional charges against his client and would be breaking with two centuries of precedent by removing him from office.

Jonathan Turley told senators assembled in the chamber for the historic trial that some of the allegations against Judge G. Thomas Porteous are vague or exaggerated. Others, he said, involve conduct that occurred before Porteous was appointed to the federal bench.

“In the history of this republic, no one has ever been removed from office on the basis of pre-federal conduct,” Turley said, urging the senators to dismiss some of the most serious charges.

The lead House prosecutor, Rep. Adam B. Schiff (D-Calif.), responded that Porteous engaged in a persistent pattern of corruption throughout his career, before and after his federal service. Allowing Porteous, 63, to remain on the bench, Schiff said, would erode public confidence in the courts and make a mockery of the federal judiciary.

“He must be removed,” Schiff said.

The Senate is beginning the final stage of the case against Porteous, a U.S. District Court judge from Louisiana who could become just the eighth federal judge to be removed from office.

The House voted unanimously in March to bring four articles of impeachment against him. A two-thirds Senate vote is needed to convict. The proceeding is just the 16th judicial impeachment trial before the Senate.

House prosecutors allege that Porteous was racking up debt as he struggled with drinking and gambling problems. They say he began accepting cash, meals, trips and other favors from people with business before his court, beginning as a state judge in the 1980s and continuing after he was appointed to the federal bench by President Bill Clinton in 1994.

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