Gag Order Lifted in Judge Kent Case; Congressman Opposes 'Disability' Plan
Over the objections of an attorney representing U.S. District Judge Samuel Kent in a criminal case, the federal jurist hearing the case today lifted an unusual gag order that had prevented those involved from commenting publicly.
Kent pleaded guilty Monday to an obstruction count and announced his retirement from the bench as his trial for aggravated sexual abuse of two courthouse workers was about to begin. Now the judge won’t be able to defend himself if public accusations are made concerning the case, according to his attorney, Dick DeGuerin, because he is awaiting sentencing and needs to put his best foot forward for the presentence investigation report, recounts the Houston Chronicle.
However, U.S. District Judge Roger Vinson of Florida, who has been presiding over the Kent case in federal court in Texas, granted a motion by several media organizations asking that he dissolve the gag on attorneys and witnesses in the case. Especially after Kent’s plea, it was unconstitutional, the media argued.
Vinson said he had been concerned about the privacy rights of certain individuals in the case, but decided the gag was no longer necessary to protect them.
The obstruction count to which Kent pleaded concerned his earlier statements in a judicial ethics matter concerning his now-admitted nonconsensual sexual contact concerning the two court workers.
It appears that DeGuerin may have been referring, in his comments about Kent’s ability to defend himself, to a congressman’s possible effort to impeach Kent.
U.S. Rep. James Sensenbrenner (R-Wisc.), who is a member of the House Judiciary Committee, has said he plans to make the attempt in order to prevent the judge from collecting retirement benefits after he is sentenced in May. He could get as much as 20 years, but the government plans to recommend a three-year prison term.
Although the 59-year-old Kent would ordinarily be too young to retire, he is expected to claim an unknown disability to qualify.
Sensenbrenner sent a letter today to Chief Judge Edith Jones of the 5th U.S. Circuit Court of Appeals, asking her to consider carefully any request Kent may make to be classified as disabled, reports the Associated Press.
“It is my understanding that Judge Kent will attempt to have a disability certified in order to receive pay and benefits as a senior judge,” Sensenbrenner wrote. “Given the circumstances, it is outrageous that he is asking to retire under a disability exception so that he can continue to draw a paycheck for the rest of his life at taxpayer expense, including while he is incarcerated.”
The congressman also argues that classifying Kent as disabled may open the door to reconsideration of many of the cases he handled while on the bench.
A spokesperson for Jones declines to comment on the Sensenbrenner letter.
Related coverage:
Galveston County Daily News: “Newspapers call on judge to lift Kent gag order”
Houston Chronicle: “U.S. House committee looks into Kent case”
