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The Committee on the Judiciary of the United States House of Representatives, the Honorable Peter W. Rodino, Jr., Chairman, on July 15, 1987, regested "---delivery to the Subcommittee all of the records, transcripts, minutes and exhibits of Grand Jury 81-1-GJ(MTA) which indicted Judge Hastings in Case Ho.

81-598-Cr." The Judge Hastings referred to in the request is the Honorable Alces L. Hastings, United States District Judge for the Southern District of Florida.

On the 5th day of August 1987, the undersigned entered Misc. Order No. 87-1, granting the request and causing a copy of the order to be served upon counsel for Judge Hastings. Upon receipt of the order of Angust 5, 1987, Terence J. Anderson, Esq. counsel for Judge Hastings, notified the court that he wished to file an emergency motion to stay the order authorizing the release of the materials to the Congressional Committee. This emergency motion vas filed on August 10, 1987, together with a request for a bearing thereon.

The court was subsequently advised, on August 11, 1987, that Special Counsel to the Judiciary Committee, Alan I. Baron, and counsel to Judge Bastings, Terence J. Anderson, had agreed to a

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stay of delivery of requested Grand Jury materials (or any further attempt by the Committee to seek the Grand Jury materials from any other available source) until the court could consider the matter at a bearing called for that purpose and rule thereon. On August 11, 1983, the United States District Judges then on active duty in the Southern District of Florida recused themselves from consideration of any matters arising out of the Grand Jury investigation or subsequent indictment of Judge Bastings.

On May 21, 1985, the United States District Judges of this district then on active duty, again considered the issue of recusal in litigation wherein Judge Hastings was a party and recused themselves.

A poll of all judges to whom this case would be assigned because of such recusal, who have joined the court as District Judges since May 21, 1985, has resulted in notification to the undersigned Chief Judge that they would recuse themselves if this Batter were assigned to them. These recusals are based upon the same reasons set forth by the judges on active duty in the

earlier orders entered by the court.

Accordingly, the undersigned, as Chief Judge of the court, does bereby petition the Honorable Paul H. Roney, Chief Judge of the United States Court of Appeals for the Eleventh Judicial Circuit, to certify to the Advisory Committee on Intercircuit Assignments the need for a judge to be assigned to this district to decide the matters herein presented by the application of the


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Circuit, to certify to the Advisory Committee on Intercircuit Assignments the need for a judge to be assigned to this district to decide the matters herein presented by the application of the Judiciary Committee of the United States Congress, and a designation by Chief Justice William H. Rehnquist for such


DONE and ORDERED in the United States Courthouse, Federal Courthouse Square, 301 N. Miami Avenue, Miami, Florida, this 14th day of August 1987.

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Chief Judge Paul H. Roney

Alan I. Baron, Special Counsel

Terence J. Anderson, Counsel to Judge Hastings
All Southern District Judges



In re:

Request for Access to

Grand Jury Materials

G.J. 81-1(Miami)

Misc. No. 87-1

Chief Judge James Lawrence King

PLEASE TAKE NOTICE the above-styled matter has been set for hearing before the Honorable Senior United States Circuit Court Judge John D. Butzner, Jr., sitting by designation in the Southern District of Florida, on September 15, 1987, at 9:30 a.m. The hearing will be held at the United States Courthouse complex, located at 301 North Miami Avenue, Miami, Florida.

for Courtroom Designation.

Please check the bulletin board

Counsel are directed to file with the Court a list of authorities and statutes they intend to rely on during oral argument. The list is to be filed on or before September 10, 1987.


DATED at Miami, in the Southern District of Florida this 27th day of August,

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In re Grand Jury Investigation of Ven-Fuel, 441 F. Supp. 1299 (M.D. Fla. 1972)

In re Petition to Inspect and Copy
Grand Jury Materials, 576 F. Supp.
1275 (S.D. Fla. 1983) aff'd

735 F.2d 1261 (11th Cir.), cert. denied,
469 U.S. 884 (1984)

In re Report and Recommendation

of June 5, 1972 Grand Jury, 370

F. Supp. 1219 (D.D.C.),

mandamus denied sub nom.

Haldeman v. Sirica, 501 F.2d 714
(D.C. Cir. 1974)

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

Office of Disciplinary Counsel v. Campbell, 345 A.2d 616 (Pa. 1975), cert. denied,

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