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STATEMENT REGARDING PREFERENCE

These proceedings do not qualify under any of the preference categories set forth in Appendix I to the Eleventh Circuit Rules. Appellee submits, however, that the extraordinary nature of an impeachment inquiry, and considerations of comity between branches of government require that this proceeding be expedited.

STATEMENT REGARDING ORAL ARGUMENT

Counsel have been advised that the Court has set the matter

for oral argument on October 28, 1987 and thus no statement in this regard would seem necessary or appropriate.

CASES

TABLE OF AUTHORITIES

* Claiborne v. United States Senate

D.D.C., C.A. No. 86-2780

* Doe v. Rosenberry

255 F.2d 118 (2d Cir. 1958)

* Douglas Oil v. Petrol Stops Northwest 441 U.S. 211 (1979)

* Eastland v. United States Servicemen's Fund
421 U.S. 491 (1975) ..

Gravel v. United States, 408 U.S. 606 (1972)
Hutcheson v. United States, 369 U.S. 599 (1962)

In re Grand Jury Ven-Fuel, 441 F. Supp. 1209
(M.D. Fla. 1977) . .

Page

10,11

12,13

19,20,21,23,24

9,10,26

9, 25

.26

In re Grand Jury Investigation of Uranium Industry, (D.D.C. Misc. 78-0173, Aug. 16, 1979) . . . .

.15

* In re Petition to Inspect and Copy Grand Jury Materials 735 F.2d 1261 (11th Cir.), cert. denied

469 U.S. 884 (1984), aff'g 576 F. Supp. 1275

(S.D. Fla. 1983) . .

passim

* In re Report and Recommendation of June 5, 1987
Grand Jury, 370 F. Supp. 1219 (D.D.C. 1974),
mandamus denied sub nom. Haldeman v. Sirica,
501 F. 2d 714 (D.C. Cir. 1974)

9,11,15,17

Kilbourn v. Thompson, 103 U.S.(13 Otto) 168 (1881)

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McCulloch v. Maryland, 17 U.S. (4 Wheat.) 316, 421 (1819)

.. 8

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United States v. Baggot, 463 U.S. 476 (1983)

United States v. Fishbach and Moore, Inc. 776 F.2d 839, 842 (9th Cir. 1985)

18

19

United States v. Michael O. Myers, Raymond Lederer, Frank Thompson, et. al., Cr. Nos. 80-00249, 80-00253, 80-00291 (E.D.N.Y., June 27, 1980)

. 16

United States v. Nixon, 418 U.S. 683 (1974)

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United States v. Harrison A. Williams, Jr., et. al.
Cr. No. 80-00575 (E.D. N.Y., Dec. 22, 1980)

16

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Judicial Councils Reform and Judicial Conduct and Disability Act, 28 U.S.c. sec. 372(c) .

28 U.S.C. $1291 .

Jencks Act, 18 U.S.C. section 3500.

Federal Rule of Criminal Procedure 6(e) (3) (C) (i)

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(a) the delivery of two public 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

Сние Пелбет

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

P.O. Box 248087

Coral Gables, FL 33124
(305) 284-2971

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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

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