This Brenda Sapino Jeffreys/John Council/Texas Lawyer ($) article reports that an unnamed source close to the Fifth Circuit Judicial Council’s investigation of Galveston-based U.S. District Judge Samuel Kent (previous posts here) has disclosed that the Department of Justice has issued a subpoena to the council demanding turnover of transcripts and documents related to the council’s investigation:

The person close to Kent’s disciplinary matter says last week the 5th Circuit Judicial Council was considering whether to honor a subpoena from the DOJ asking for transcripts and documents related to Kent’s disciplinary action. The council’s decision on whether to honor the DOJ subpoena may indicate how it will vote on McBroom’s request to forward the Kent matter to the Judicial Conference. [. . .]
The person close to Kent’s disciplinary matter says the following: The 19-member 5th Circuit Judicial Council has between 300 and 400 documents and depositions related to Kent’s disciplinary matter. Some judges on the council are taking the position that the proceedings are confidential and the documents should not be released to the DOJ. But other judges believe the documents should be released to prosecutors, because the information may become part of a federal grand jury proceeding ó a process that is secret. However, the person believes that some information will be released to the DOJ.
The Judicial Council’s vote to issue the September order admonishing Kent was not unanimous; some of the judges believed the punishment was not harsh enough and that the order did not adequately describe Kent’s alleged conduct, says the person close to the Kent matter.
While [former courtroom deputy Cathy] McBroom’s initial complaint filed with the Judicial Council contained “vague” allegations of sexual harassment, some judges on the council became alarmed after reading about more serious allegations relayed by McBroom’s family and friends in the Houston Chronicle article after the Judicial Council released its September disciplinary order, says the person close to Kent’s disciplinary matter. “The more serious allegations that have come out in the press, [Judicial Council] members have said, “I don’t remember that,’ ” says the person close to Kent’s disciplinary matter.

This is getting more interesting each week. Now it is looking as if a federal grand jury may very well be investigating Judge Kent when his suspension expires and he takes his new place on the bench among Houston federal judges come the first week in January. That will make for some interesting federal courthouse elevator conversations.