The Committee on Standards of officials Conduct of the United States House of Representatives ("the Committee") having requested access to certain information and materiala constituting grand jury materials in the procoodings referenced above, and it appearing that the Committee has a compelling and particularized mood for the information and materiala which it has requested and that disclosure is œsential to the ends of Justice and the Constitutional duties of the Committoo, and th Baited States Department of Justice having consented to such disclosure subject to certain conditions, it is hereby ORDERED, Pursuant to Rule 6(a) of th Criminal Procedure, that the Committee be Poderal Rules of name is hereby authorized to receive information and materials which are in the eustody of the aforesaid grand jury or the Department of Justice 93 and which the Department ha; agreed to disclose the Committee for use in its investigatiun u! the so-called "Abacan" allegations, excluding tran:crapts of grand jury testimony: PROTIDEN, Rhet the information and materials disclosed to the Corsities folisant to this order shall not without the approval of this feart is subject to subpoena or other mandatory process initiitel 1; any third forty; and PATITE Silik, that should the Committee determine that it is P. sary, in the performance of its Constitutional duties in con: itici biti. it; investigation, to disclose any such information er :ateriais to the public or to any third party, the Committer shoil give ter. (10) days' advance notice of such disclosure to t!- Re; artЯent of Justice. CERTIFICATE OF SERVICE I certify that one copy of the foregoing Motion for Leave to File a Memorandum of Points and Authorities in Opposition to Motion to Stay and Unseal; proposed Memorandum of Points and Authorities of the Committee on the Judiciary of the United States House of Representatives in Opposition to Judge Hastings' Emergency Motion to Stay and Unseal Miscellaneous Order 87-1 (Dated August 5, 1987); and proposed Order was sent to the following individuals this 2nd day of September, 1987: By Federal Express addressed as follows: By regular U.S. Mail, postage prepaid addressed as follows: IN THE UNITED STATES DISTRICT COURT In re Request for Access to Misc. No. 87-1 Judge John D. Butzner, Jr. MEMORANDUM OF POINTS AND Pursuant to the Court's Order of August 27, 1987, requesting a list of authorities and statutes expected to be relied upon at oral argument, the United States respectfully submits the following outline of points and authorities. INTRODUCTION Pending before the Court is Judge Hastings' motion to stay and unseal an August 5, 1987 Order entered by Judge King ("August 5 Order") granting the request of the United States House of Representatives ("the House") for access to grand jury materials arising out of a previous criminal investigation of Judge Hastings. The House is conducting an impeachment inquiry concerning Judge Hastings. The United States opposes Judge Hastings' motion to stay the August 5 Order and supports the House in its request for disclosure of the grand jury materials for use in its impeachment inquiry, having concluded that disclosure is appropriate in these circumstances. However, the United States does not oppose Judge Hastings' motion to lift the seal on the order and filings in relation to this matter, insofar as the August 5 Order and related filings do not reveal matters occurring before the grand jury, but deal solely with the legal question of whether disclosure should be made to the House of Representatives. In his motion, Judge Hastings also suggests that should disclosure be made to the House, disclosure of the entire grand jury record should also be made to the public in general and to himself in particular. The United States opposes wholesale disclosure of the grand jury materials to Judge Hastings, but recognizes that eventual disclosure of specific portions of the grand jury record may be appropriate in order to afford Judge Hastings a fair opportunity to respond to any specific charges that may eventually be made against him in the course of this impeachment proceedings. Should such circumstances arise, appropriate terms and conditions of any such disclosure may be established by the Court. On the issue of public release of the grand jury materials at this time, however, the United States would strongly object to any such release. None of the exceptions to Rule 6(e) apply to permit such general public disclosure, and the policy behind our history of grand jury secrecy continues to apply to the question of public disclosure. 1/ 1/ Judge Hastings makes a wholly unsubstantiated allegation that the United States Attorney for the Southern District of Florida may have "violated his duties" and "may be in contempt of this court." This statement is based on sheer speculation; Judge Hastings offers no evidence that there has been any improper disclosure, misuse or mishandling of the grand jury materials by the Eleventh Circuit or the government. In any event, his speculations are wholly irrelevant to the question of whether disclosure to the |