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 regular teaching responsibilities. Those commitments have 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.

Robert S. Catz

c/o Cleveland-Marshall
College of Law

Cleveland State University
Cleveland, Ohio 44115
(212) 687-2525

Respectfully submitted,

Слике челове

Terence J. Mderson
c/o University of Miami
School of Law

P.O. Box 248087

Coral Gables, FL 33124
(305) 284-2971

John W. Karr, Esq.
William G. McLain, Esq.
Karr, Lyons & McLain
200 Investment Building
1511 K Street, N.W.
Washington, D. C. 20005
(305) 737-3544

Patricia Williams, Esq.
1055 N.W. 183rd Street
Miami, Florida 33169
(305) 536-4131

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
Special Counsel

United States House of
Representatives

Committee on the Judiciary
Room H2-361

House Office Building
Annex No. 2

Washington, D. C. 20515

Jo Ann Farrington
U.S. Dept. of Justice
Public Integrity Section
Criminal Division
Suite 12100, The Bond
Building

1400 New York Avenue, N.W.
Washington, D. C. 20430

as well as to the members of the designated panel as di

IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT

No. 87-5857

In Re GRAND JURY PROCEEDINGS
OF GRAND JURY NO. 81-1 (MIA)

United States District Judge Alcee L. Hastings, Appellant Committee on the Judiciary of the

United States House of Representatives, Appellee

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.

6(e)(3)(C)(i), TO OBTAIN THE RECORD OF THE

GRAND JURY WHICH INDICTED THAT OFFICER...

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

THE RECORD OF A GRAND JURY WHICH INDICTED

THAT OFFICER....

1

2

5

7

7

7

11

16

IV.

THE DISTRICT COURT DID NOT ABUSE ITS
DISCRETION IN FINDING THAT THE NEED OF THE
COMMITTEE FOR THE MATERIAL OUTWEIGHS THE
INTERESTS ALLEGED BY JUDGE HASTINGS....

A. The Secrecy Interests in this Matter
have been Minimized.....

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