CODE OF SILENCE

An investigative reporter reveals flaws in how Americans hold federal judges accountable for sexual misconduct and shows how whistleblowers have brought some to justice.

Rogue federal judges have caused scandals at least since George Washington appointee John Pickering became the first to be removed from office by the Senate, which acted after he’d repeatedly taken to the bench “in a state of total intoxication” or mental “derangement.” Since then, secretive disciplinary procedures and toothless remedies (allowing quiet resignations with full pensions) have enabled further sins documented in alarming detail in this exposé. Olsen focuses on hair-raising abuses by Samuel Bristow Kent of the Southern District of Texas, the first judge impeached by the House of Representatives for sexual misconduct he lied about. He resigned rather than stand trial in the Senate. Two female court employees had alleged that, among other types of sexual assault or harassment, Kent tried to force them to perform oral sex on him in a federal courthouse—a charge his lawyer, Dick DeGuerin, attempted to refute by claiming his client suffered from erectile dysfunction. Olsen shows how—with Kent’s accusers understandably reluctant to go public with intimate experiences—she helped to break the story open in the Houston Chronicle, leading to a public outcry that contributed to his downfall. She also offers abundant evidence of egregious missteps by other federal judges, including Alex Kozinski, a mentor to Brett Kavanaugh. The writing here tends toward journalese (a whistleblower is “a sharply dressed soccer mom” and William Rehnquist, “the balding Wisconsin native”), but Olsen describes a serious oversight problem with vigor and credibility. She also gives deserved credit to courageous whistleblowers who were doubly victimized—first by their abusers and then by a legal system that required them to endure the pain of public exposure to obtain justice.

A well-documented exposé of a broken system for policing errant federal judges.