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PROCEEDINGS

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ORDER (JLK-8/5/87) 1. AUTHORIZING Release of G/J material to committee for use in impeachment inquiry concerning Judge Alose Hastings. 2. DIRECTING Clark to maintain this order in a sealed & confidential file. (BOD 8/17/87-OCAP). EMERGENCY MOTION to STAY & UNSEAL Misc Order 87-1. (In re: Request for Access to GJ materials of GJ 81-1.) NOTICE of Hrg before Senior Judge John D. Butzner, Jr., 9/15/87 9:30 a.m. Couns. to file list of auth. dus on ar before 9/10/87. ORDER (JUDGE BUTZNER) 1. GRANTING U.S. House of Reps., Committee on the Judiciary, Leave to file Memo on points & auth. 2. UNSEALING pldgs & orders in this action. (Does NOT include disclosure of matters occurring before the Grand Jury. (EOD 9/14/87-CCAP).

LIST OF AUTHORITIES.

MEMO of Points & authorities, by Govt.

MOTION for leave to file Reply on behalf of Judge Hastings.
REPLY to Memo on Points & Authorities.

MOTION for leave to file Memo of Points & Authorities in
Opposition to M/Stay & Unseal, by Judiciary Committee.
MEMO in Opp to M/Stay & Unseal, by Judicial Committee.
LIST OF AUTHORITIES, by Judiciary Committee.
CRIMINAL Minutes dated 9/15/87. Mot taken under
advisement.

MEMO OPINION (John D. Butzner, Jr. 9/21/87)
ORDER (J.D. BUTZNER, JR.-9/21/87) 1. DENYING
HASTINGS M/Stay 8/5/87 order, except asprovided
in para. 6 of this order. 2. Clerk directed
to copy all GJ 81-1 material to deliver to Hon.
Peter Rodino. 3. All orig. GJ material to be
retained by U.S. Atty. (S.D. OF FL) 4. Committe
on the Judiciary is not precluded from disclosing
any GJ material to HASTINGS. 5. DENYING
HASTINGS request to inspect GJ material & declines
authorizing public disclosure. 6. STAYING
Order for 21 days following the date of entry.
(EOD 9/21/87-CCAP).

TRANSCRIPT of hrg before Senior Judge Butzner on 9/15/87.
NOTICE OF APPEAL from Order entered 9/21/87 by Senior
Judge Butzner & Order entered 8/5/87 by Cheif Judge
James L. King. (Copies to USCA, US Atty & Anderson).
(FEE PAID R # 53212).

JOHN D. BUTZNER, JR. SENIOR CIRCUIT JUDGE POST OFFICE BOX 2188 RICHMOND, VIRGINIA 23217

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

October 19, 1987

Mr. Stuart O'Hare
Operations Manager

United States District Court
Southern District of Florida
301 N. Miami Avenue

Miami, Florida 33128

Grand Jury 86-3 (Miami) resulting from requests from Honorable Peter W. Rodino, Jr., U.S. House of Representatives dated September 25, 1987

Dear Mr. O'Hare:

Enclosed are two letters from the Honorable Peter W. Rodino, Jr., Chairman of the Committee on the Judiciary for the House of Representatives, requesting additional information pertaining to the investigation of Judge Alcee L. Hastings, Jr.

I understand from Judge Flannery, Chairman, Intercircuit Assignment Committee, that I am to be designated to preside over proceedings arising out of Mr. Rodino's requests. Upon receiving notice of my designation I will get in touch with you about scheduling.

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The Committee on the Judiciary, through its Subcommittee on Criminal Justice, is conducting an inquiry into whether United States District Judge Alcee L. Hastings, Jr. should be impeached. An impeachment resolution concerning Judge Hastings has been introduced, a copy of which is enclosed.

The Committee has received information suggesting that in September, 1985 Judge Hastings may have improperly disclosed electronic surveillance information concerning an FBI undercover investigation, and that this disclosure thwarted the activities of law enforcement agencies in carrying out their responsibilities.

Specifically, we have been advised that in July, 1985, the United States Attorney's Office in Miami filed an application seeking to monitor the telephone conversations of several people in connection with an investigation of the Miami local of the International Longshoreman's Association. The surveillance ran from July 15 to September 14. Judge Hastings was the judge supervising the conduct of the wiretap. In that capacity he received progress reports detailng the information derived from the surveillance. Included in these progress reports was information indicating that the name of Mayor Steven Clark was being invoked by persons who were the subject of the investigation.

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We have been advised that Judge Hastings warned Mayor Clark that he should not associate with one or more persons who were "hot" or who "had problems". Clark relayed this information to one of the subjects of the investigation. The investigation was thereafter terminated for security concerns arising out of the disclosure.

I request that the Court make available for inspection and copying the testimony of Steven Clark, Mayor of Dade County and FBI agent Chris Mazzella, and any accompanying exhibits presented to the Grand Jury 86-3 (Miami) with regard to the matters described above. We understand that such testimony was given on March 20, 1986.

The Subcommittee wishes to examine these materials in furtherance of its inquiry as to whether impeachment proceedings are warranted with respect to Judge Hastings. A proposed Order authorizing disclosure of these materials is enclosed.

If you have any questions concerning this request, please contact the Committee's Special Counsel for the impeachment inquiry, Alan I. Baron, Esquire at 202-226-3444.

Very truly yours,

Felow

PETER W. RODINO, JR'.

Chairman

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The Committee on the Judiciary, through its Subcommittee on Criminal Justice, is conducting an inquiry into whether United States District Judge Alcee L. Hastings, Jr. should be impeached. An impeachment resolution concerning Judge Hastings has been introduced, a copy of which is enclosed.

The Committee has received information suggesting that in September, 1985 Judge Hastings may have improperly disclosed electronic surveillance information concerning an FBI undercover investigation, and that this disclosure thwarted the activities of law enforcement agencies in carrying out their responsibilities.

Specifically, we have been advised that in July, 1985, the United States Attorney's Office in Miami filed an application seeking to monitor the telephone conversations of several people in connection with an investigation of the Miami local of the International Longshoreman's Association. The surveillance ran from July 15 to September 14. Judge Hastings was the judge supervising the conduct of the wiretap. In that capacity he received progress reports detailng the information derived from the surveillance. Included in these progress reports was information indicating that that the name of Mayor Steven Clark was being invoked by persons who were the subject of the investigation.

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