On September 9, a telephone conversation was intercepted between Gordon and a lawyer named Richard Bonehill. Bonehill asked Gordon how his meeting had gone with Mayor Clark. Gordon responded that Mayor Clark had said that he, Clark, had heard from Judge Alcee Hastings that Gordon was involved with Clark and other politicians in "a deal" in Hialeah. This was the first indication that Judge Hastings had interacted with Clark. The following day, September 10, 1985, the FBI arranged a meeting between Gordon and an FBI source for the purpose of confirming the reported contact between Judge Hastings and Clark. Gordon confirmed to the source that Mayor Clark (at the Miami Outboard Club) had indeed told him about a meeting between Clark and Judge Hastings. Judge Hastings had supposedly cautioned Clark to be careful in his dealings with Gordon. Gordon ultimately agreed to cooperate with the Department of Justice in the investigation and on January 17, 1986, engaged Clark in a conversation, which was recorded, about the contact that supposedly involved Judge Hastings and Clark. As Clark related the story, Judge Hastings was the guest speaker at a conference at a hotel in Miami. At some point the two met, and Clark said Judge Hastings told him "don't get near Kevin. Kevin Gordon is involved in some zoning in Hialeah and don't, I'm just telling you, don't, don't. just walk away from it. Don't get near it, because he's got problems. Clark did not say that there was mention by Judge Hastings of a wiretap or of an investigation of Gordon. Clark was ultimately interviewed and said that he had attended a speech that Judge Hastings gave at a conference on September 6, 1985. At the conclusion of the speech, Judge Hastings was shaking hands with people in the audience. Judge Hastings approached Clark, shook his hand, and guided him away from the crowd that had gathered around the podium. Judge Hastings told Clark to "stay away from Kevin Gordon, "he's hot" and "he's using your name in Hialeah." Clark said that Judge Hastings may have mentioned something about "zoning problems" but did not say anything about a wiretap or an investigation. Clark was unable to remember who was sitting or standing near him when this occurred. FBI interviews of people who were in attendance have not produced anyone who witnessed this conversation. After the Judge Hastings contact, Clark arranged the meeting with Gordon at the Miami Outboard Club. It was at this later meeting with Gordon that Clark first mentioned Judge Hastings' warning. The FBI tried to arrange an interview of Judge Hastings in an attempt to determine what he remembered about these incidents. On May 20, 1986, Judge Hastings declined to be interviewed. It is our understanding that, initially, summary of the allegations be submitted to you. only a limited The Department is of of possession of other information generated during the course e investigation that may also be relevant. Release of some is material may require the issuance of a court order. Should you have any questions concerning this additional inf:mation or any other aspect of the referral, please feel free to contact us. Pursuant to 28 U.S.C.A. S 372 (c) (4), I hereby appoint myself, as Chief Judge, Circuit Judge James C.Hill, and Chief District Judge Truman M. Hobbs to a special committee to investigate the facts and allegations contained in the complaint of judicial misconduct filed by William F. Weld. committee. I hereby certify the complaint to each member of the Copies of this letter will serve as written notice to the complainant and the judge whose conduct is the subject of the complaint of this action. necessar The committee is charged with the responsibility of conducting an investigation as extensive as it considers and shall expeditiously file a comprehensive written report zeon with the judicial council of the circuit. Such report 11 present both the findings of the investigation and the committee's recommendations for necessary and appropriate action by the judicial council of the circuit. All papers, documents, and records of proceedings related to this investigation shall be confidential and shall be disclosed by any person in any proceeding unless the conditions in 28 U.S.C.A § 372 (c) (14) are met. not CC: Paul H. Roney Honorable Alcee L. Hastings IN THE MATTER OF A COMPLAINT ORDER A verified written complaint has been filed by William F. Weld with the clerk of the United States Court of Appeals for the Eleventh Circuit pursuant to 28 U.S.C. $ 372 (c) (1) and the Rules for the Conduct of Complaint Proceedings under 28 U.S.c. S 372 (c) as promulgated by the Judicial Council of the Eleventh Circuit, alleging that a United States District Judge has engaged in conduct prejudicial to the effective and expeditious administration of the business of the courts. By letter order entered March 26, 1987, Paul H. Roney, as chief judge of the Eleventh Circuit Court of Appeals, has entered an order appointing a special committee (the "Investigating Committee") to investigate the facts and allegations contained in the complaint and to conduct an investigation as extensive as it considers necessary, the said Committee to be composed of the following: Chief Judge Paul H. Roney St. Petersburg, FL 33701 Circuit Judge James C. Hill Chief Judge Truman M. Hobbs United States District Court Middle District of Alabama The Investigating Committee does hereby designate and appoint Sidney O. Smith, a member of the bar of the United States Court of Appeals for the Eleventh Circuit, as investigator, for and in its behalf, to aid and assist it in its investigation conducted pursuant to 28 U.S.c. § 372 (c) and the said Rules of the Eleventh Circuit, by securing, receiving, summarizing, and collating information within the scope of the Committee's duty to investigate and furnish the same to the Committee. The Investigating Committee does further empower Sidney 0. Smith to implement and discharge such further and additional duties as may be from time-to-time specifically directed by the Committee. Sidney O. Smith is authorized to display a copy of this order, certified by the Presiding Office of the Investigating Committee, as evidence of his authority as investigator. Before undertaking his duties as investigator, Sidney 0. Smith shall execute a written oath administered by an Article III judge of the United States, by which he will swear (or affirm) that he will well and faithfully discharge his duties as investigator for the Investigating Committee and that papers, documents, and records of proceedings relating to the investigation shall be confidential as provided by 28 U.S.c. S 372 (c) (14) and Rules of the Eleventh Circuit. |