public (a) the delivery of two lectures on the evenings of October 20 and 21 as part of a series of public lectures scheduled by the School of Law to commemorate the bicentennial of the Constitution, and (b) a special committee meeting and a special faculty meeting on October 20 and 21 respectively, as well as his Those commitments have regular teaching responsibilities. precluded him from determining what additional arguments, beyond those presented in the papers already before the court, should be developed and from preparing a supplemental brief to present them properly for the courts deliberation. Accordingly, Judge Hastings asks that this court defer consideration of the issues concerning disclosure to Judge Hastings and to the public and grant his counsel until Monday, October 26, 1987, to submit such supplemental briefing as he determines necessary. In the alternative, he asks that the court consider the arguments developed in the Emergency Motion and in the memoranda included in the Appendix filed with that motion and determine at or after the hearing on October 28, 1987, whether and what additional briefing is necessary and appropriate. John W. Karr, Esq. Patricia Williams, Esq. CERTIFICATE OF SERVICE On October 22, 1987, copies of the foregoing Motion for Division of Issues and for Two-Day Extension for Filing Briefs on the Merits were dispatched to the following counsel by Federal Express-Overnight Delivery service: Alan I. Baron United States House of Committee on the Judiciary House Office Building Washington, D.C. 20515 Jo Ann Farrington U.S. Dept. of Justice 1400 New York Avenue, N.W. as well as to the members of the designated panel as di rected by the clerk. лиши Sluck Terence J. Anderson IN THE UNITED STATES COURT OF APPEALS No. 87-5857 In Re GRAND JURY PROCEEDINGS United States District Judge Alcee L. Hastings, Appellant Committee on the Judiciary of the United States House of Representatives, Appellee On Appeal from the United States District Court BRIEF OF APPELLEE Alan I. Baron Janice E. Cooper Robert B. Levin Patricia Wynn Assistant Special Counsel M. Elaine Mielke General Counsel United States House of Representatives Room 2137 Rayburn House Office Building Washington, D.C. 20515 (202) 226-3444 Attorneys for Appellee Committee on the Judiciary II. THE DISTRICT COURT CORRECTLY HELD THAT THE COMMITTEE ON THE JUDICIARY, WHEN CONDUCTING AN INVESTIGATION PERTAINING TO THE IMPEACHMENT OF A CIVIL OFFICER, IS ENTITLED, PURSUANT TO FED.R.CRIM.P. III. THE DISTRICT COURT CORRECTLY HELD THAT THE COMMITTEE ON THE JUDICIARY, WHEN CONDUCTING AN INVESTIGATION PERTAINING TO THE IMPEACHMENT OF A CIVIL OFFICER, IS ENTITLED, PURSUANT TO THE INHERENT SUPERVISORY POWER OF THE COURT, TO OBTAIN |