IN RE:

REQUEST FOR ACCESS TO
GRAND JURY MATERIALS

G.J. 81-1 MIAMI

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA

Misc. Order No. 87-1

Upon consideration of the July 15, 1987 request of the Honorable Peter W. Rodino, Chairman of the Committee on the Judiciary (hereafter "the Committee") of the United States House of Representatives, for access to all of the records, minutes, transcripts and exhibits of Grand Jury No. 81-1-GJ (MIA) (hereafter "the grand jury materials") for use by the Committee in connection with its impeachment inquiry concerning the Honorable Alcee L. Hastings; and having been advised by the Committee that it intends to receive the requested grand jury materials in executive session in accordance with the confidentiality procedures agreement attached hereto and incorporated by reference herein as Exhibit A;

It is ORDERED:

1. The Court hereby authorizes any government agency having possession of said grand jury materials to release the grand jury materials to the Committee for use in the impeachment inquiry concerning Judge Hastings.

2. The Court hereby authorizes any government agency, including the United States Department of Justice and specifically the Federal Bureau of Investigation, to make

available for inspection and copying by the Committee, any such

grand jury materials in its possession, or any material in its possession derived from or related to the proceedings and

investigation of said grand jury.

3. The Clerk of this Court be and he is hereby directed to maintain this order in a sealed and confidential file in the records of this Court.

DONE and ORDERED in chambers at the United States

Courthouse, Federal Courthouse Square, Miami, Florida, this 5th day of August 1987.

Procedures for Access to Confidential and Executive Session

Materials Related to the Inquiry into Whether

United States District Judge Alcee L. Bastings Should be Impeached

1.

2.

3.

4.

5.

Material received by the Subcommittee in executive session, and material made confidential by 28 U.S.C. 372 that is in the possession of the Subcommittee, shall be kept in secure places under the control of the Subcommittee.

Only Members of Congress and staff of the Committee on the
Judiciary designated by the Chairman of the Committee on the
Judiciary, in consultation with the Ranking Minority Member
of the Committee, may have access to such material.

A Member of Congress who wants to review such material shall arrange to do so by contacting Committee General Counsel M. Elaine Mielke at 58088.

A Member of Congress who wants to review such material shall first acknowledge having read this document and agree to abide by the procedures set forth herein.

The Subcommittee shall make such material available to Members of Congress in a reading room under the following conditions:

(a) Such material shall be available during regular Subcommittee hours.

Such material shall not be removed from the reading room.

(b)

(c)

A staff member shall be present at all times.

(d)

No notes, reproductions, or recordings shall be made of any such material.

(e)

6.

7.

Staff shall keep a log of all Members of Congress who review such material.

Subcommittee staff shall ensure that such material reviewed by a Member of Congress is returned to the files.

The contents of executive session material shall not be disclosed to any unauthorized person in any manner until such disclosure is authorized under the Rules of the Bouse of Representatives.

2

8.

The contents of any material made confidential by 28 U.S.C. 372 shall not be disclosed to any unauthorized person in any manner until such disclosure is authorized under 28 0.S.c. 372.

I acknowledge having read this document and agree to abide by the procedures it sets forth.

Date

Time

MEMBER OF CONGRESS

In Re:

IN THE

UNITED STATES DISTRICT COURT
FOR THE

SOUTHERN DISTRICT OF FLORIDA

Request for Access To) Misc. No. 87-1
Grand Jury Materials

G.J. 81-1 Miami

Chief Judge James Lawrence King

EMERGENCY MOTION TO STAY AND UNSEAL MISCELLANEOUS
ORDER NO. 87-1 (DATED AUGUST 5, 1987).

United States District Judge Alcee L. Hastings moves that this court enter an order immediately staying the effect of Miscellaneous Order No. 87-1 entered August 5, 1987 (the "Order"). In addition, Judge Hastings asks the court to direct that its clerk make the Order and the requests and other records that the court relied upon in issuing it a part of the public records of this court. In the alternative, Judge Hastings asks the court to direct its clerk to notify the media that an order has been filed under seal providing sufficient information that the media may effectively pursue their own and the public's First Amendment and common-law rights to have access to the records of this court.

PRELIMINARY STATEMENT

Judge Hastings intends to petition this court to grant him and his counsel access to the grand jury material. In view of