.8.

statutorily required to appear before the Committee no later than May 28, 1994 with regard to its April report. On Information and bellef, the Cornmittee and Defendants will discharge their legal responsibilities and hold a hearing by May 31, 1994 on the April 29, 1994 semi-annual report, and perhaps the November 3, 1993 semi-annual report as well.

10. The Committee has oversight responsibilities for Defendant OTS pursuant to House Rules X and XI, and because the Director of Defendant OTS is a statutory member of the Oversight Board. 12 U.S.C. § 1441a(a)(3)(A)(III).

20.

On March 17, 1994, Senator Donald Riegle of Michigan, Chair

man of the United States Senate Committee on Banking, Housing and Urban Affairs, which has oversight responsiblity over Defendants and which is charged with implementing the mandatory hearings of the Federal Home Loan Bank Act, as amended by FIRREA, conceded that inquiry into Madison Guaranty is not only appropriate, but imperative, to the fulfillment of the oversight responsibilities of the two congressional commitless:

"Within the text of that part of [FIRREA] we went so far as
to say that any institutions that failed in that time period
(January 1, 1989 through a date between January 1 and
July 1 of 1996]... that if any senator on the committee
wanted to come in and ask questions about that particular
institution, that they had the right in law to do so. We did
not foresee the Madison oase at that time, but it applies
precisely to the Madison case and every other case out of
that time period. So the other day when offoiais from the
RTC came in to present their semi-annual report, every
member of the Senate Banking Committee had the legal
right and authority to ask specific questions about any
institution that failed in that time period, and that included
Madison Guaranty." Cong. Rec. 83153 (daily ed., Mar.
17, 1994).

-9

21. On March 17, 1994. by a unanimous vote, the United States Senate during consideration of S. 1275 passed an amendment offered by Senate Majority Leader Mitchell and Senate Minority Leader Dole authorizing hearings

relating to Madison Guaranty, Whitewater Development Corporation, and Capital Management Services, Inc.

22.

On March 22, 1994, by a vote of 408 to 15, the House of

Representatives passed House Resolution No. 394, reaffirming Congress' "constitutional obligation to conduct oversight of matters relating to the operations of the government, including matters related to any governmental investigations which may from time to time be undertaken," and establishing procedures "for appropriate Congressional oversight, including hearings, on all matters related to Madison Guaranty Savings & Loan Association ('MGS&L'), Whitewater Development Corporation and Capital Management Services Inc. ('CMS')."

23. After both the Senate and the House resolutions authorizing hearings into the Madison Guaranty and related matters had passed, President Bill

Clinton stated in a nationally-televised news conference on March 24, 1994:

"I support the actions of the House and the Senate clearing
the way for hearings at an appropriate time that does not
interfere with [Special Counsel Robert] Fiske's responsi-
bilities, and I will fully cooperate with their work as well. . . .
Cooperation, disclosure, and doing the people's business
are the order of the day."

24. For Plaintiff to be able to fulfil his statutory and constitutional

responsibilities as Ranking Minority Member of the Committee, it is imperative that he receive well in advance of the statutory oversight hearing and the hearings required

-10

by House Resolution No. 394 all documents in Defendants' possession concerning

Madison Guaranty.

DEFENDANTS' PRACTICE OF PROVIDING
DOCUMENTS TO MEMBERS OF THE COMMITTEE

25. Since Defendants RTC and OTS were created in 1989, they have consistently provided documents requested by the Ranking Minority Member of the Committee. These requests include, without limitation, the following:

(0) On February 21, 1991, then-Ranking Minority Member Chalmers P. Wylla wrote to the Honorable L. William Seidman, Chairman of Defendant RTC, to request copies of the board of directors minutes and examination reports of Columbia Savings and Loan of Beverly Hills, California, for the five years prior to its conservatorship. Al requested documents were provided. Subsequently. Defendant RTC provided the Ranking Minority Member and his staff with full access to Defendant RTC investigative files at Defendant RTC's offices. Both of these requests were pursuant to an independent Minority investigation of the savings and loan Industry.

(b) During the extensive investigations of Charles Kesting and Lincoln Savings & Loan Association of Irvine, California, Defendant OTS allowed the Ranking Mirunity Member and his staff unrestricted nooose to pertinent documents. During the congressional investigation of Silverado Savings &

(0)

Loan Association of Denver, Colorado, Defendant OTS allowed the Ranking Minority Member and his staff access to pertinent documents, including but not limited to examination reports and all supervisory materials. Defendant QTS provided the

11.

Ranking Minority Member and his staff with Independent access to documents in

Washington and Topeka.

(a) During the congressional investigation of Centruat Savings & Loan Association of Miami, Florida. Defendants OTS and RTC allowed the Ranking Minority Member and his staff full independent access to pertinent records, including but not limited to examination reports, criminal referrals, telephone logs, desk calendars, and internal memoranda. Subsequently, an independent Minority investigation during the 102nd Congress also received full access to Defendant RTC's investigative materials.

26. The Executive Branch conducted ongoing criminal and civil investigations and law enforcement proceedings during all of the foregoing investigations by the Minority. At no time did any representative of Defendants RTC or OTS inform the Ranking Minority Member that such Executive Branch investigations or proceedings were harmed or compromised, or withhold documents for fear that they might be.

27. Defendants have stated no reason for distinguishing Plaintiff's request for documents pertaining to Madison Guaranty from requests for identical categories of documents pertaining to other savings and loan associations.

28. In a Memorandum for the Heads of Executive Departments and Agencies dated November 4, 1982, former President Ronald Reagan directed all such departments and agencies to provide information to Congress upon request, without the need for formal Committee action or subpoenas, unless the President himself invoked executive privilege. The continuing validity of this directive was

.12.

confirmed as recently as February 18, 1994. in a letter from Associate Attorney

General Webster L. Hubbell to Congressman John Dingell. Neither of Defendants has invoked executive privilege with regard to documents pertaining to Madison Guaranty, nor has either Defendant stated a reason for deviating from the November 4, 1982 directive.

29.

PLAINTIFF'S EFFORTS TO OBTAIN PERTINENT
DOCUMENTS RELATING TO MADISON QUARANTY

Pursuant to and in fulfillment of his oversight responsibilities as the Ranking Minority Member of the Committee, Plaintiff has made extensive, though unsuccessful, efforts for six months to obtain documents pertaining to Madison Guaranty. Plaintiff has made these efforts pursuant to FOIA, House Rules, settled principles of agonay emaporation with Congress, and FIRRFA. These efforts have included, but have not been limited to, the following:

(a) On December 8, 1993, Plaintiff wrote to the Honorable Roger C. Altman (Interim Chief Executive Officer of Defendant RTC), and Jonathan Fiechter (Acting Director of Defendant OTS), requesting each to provide all documents relating to Madison Guaranty. On December 22, 1993, Mr. Flechter wrote to Plaintiff agreeing to "provide you with any information available to the public under the Freedom of Information Act," but refusing to make available additional information. Also on December 22, 1993, Mr. Altman responded that "the RTC will thoroughly cooperate in this investigation" and agreed to supply "most" of the documents; nevertheless, Mr. Altman referred to "Ilmis on our ability to provide certain"