IN RE RE MIAMI (LIT MATERIALS COMMITTEE ON THE JUDICIARY PETER W. RODINO, JR., New Jersey, Chairman JACK BROOKS, Texas HARLEY O. STAGGERS, Jr., West Virginia BENJAMIN L. CARDIN, Maryland HAMILTON FISH, JR., New York BILL MCCOLLUM, Florida WILLIAM E. DANNEMEYER, California and Exhibits t PATRICK L. SWINDALL, Georgia M. ELAINE MIELKE, General Counsel urandum of P f Authorities on Behalf of moranda of Amittee on th and on Beh and Order Appeal.... States Court ency Motion pendix theret orandum of t use of Repres tion to Exten Hastings' Re onse of the I tion to Exten for Division the Merits...... of Appellee.... for Appellan plemental Ap SUBCOMMITTEE ON CRIMINAL JUSTICE JOHN CONYERS, JR., Michigan, Chairman DON EDWARDS, California GEORGE W. GEKAS, Pennsylvania HAMILTON FISH, JR., New Yorkncy Motion THOMAS W. HUTCHISON, Counsel ent CONTENTS I. IN RE: REQUEST FOR ACCESS TO GRAND JURY MATERIALS G.J. 81-1 MIAMI (LITIGATION CONCERNING THE RELEASE OF BRIBERY CONSPIRACY Letter from Peter W. Rodino, Chairman of the Committee on the Judici- ary, to Chief Judge James Lawrence King, dated July 15, 1987. Memorandum of Points and Authorities of the Committee on the Judici- ary of the United States House of Representatives in Opposition to Judge Hastings' Emergency Motion to Stay and Unseal Misc. Order 87- 1 and Exhibits thereto. Memorandum of Points and Authorities of the United States Reply on Behalf of United States District Judge Alcee L. Hastings to the Memoranda of Points and Authorities Submitted on Behalf of the Committee on the Judiciary of the United States House of Representa- tives and on Behalf of the United States Department of Justice ted States Court of Appeals for the Eleventh Circuit: ergency Motion to Extend Stay Pending Disposition of Appeal and morandum of the Committee on the Judiciary of the United States ouse of Representatives in Opposition to Judge Hastings' Emergency 362 II. IN RE: GRAND JURY 86-3 (Miami) (LITIGATION CONCERNING THE Page A. United States District Court (S.D.Fla.): Letter from Peter W. Rodino, Chairman of the Committee on the Judiciary, to 399 404 407 List of Authorities.. 419 List of Points and Authorities Relied Upon by the Committee on the 424 Motion for Leave to File Appendix to Objection to Requests for Disclosure 427 432 Notice of Appeal 448 B. United States Court of Appeals for the Eleventh Circuit: 449 Opposition to Emergency Motion to Extend Stay Pending Disposition of 608 Order.. 617 Motion for One-Extension within which to File Corrected and Compacted 618 Brief for Appellant United States District Judge Alcee L. Hastings and Motion for Stay of Mandate Pending Application to Supreme Court for 822 Opposition to Motion for Stay of Mandate Pending Application to Supreme Court For Writ of Certiorari and exhibits thereto. 867 Order... Judgment C. Supreme Court of the United States: 873 874 Emergency Application for Stay Pending Filing and Disposition of Petition for Writ of Certiorari to the United States Court of Appeals for the Eleventh Circuit 875 Respondent's Opposition to Stay Pending Filing and Disposition of Petition for Writ of Certiorari.. 886 Memorandum for the United States....... 898 Supreme Court's Denial of Application for Stay of Mandate........ 902 III. MISCELLANEOUS MATERIALS Certificate of the Judicial Conference of the United States concurring in the determination of the Judicial Council of the Eleventh Circuit that impeachment of Judge Hastings may be warranted. 903 United States Department of Justice Declination Memorandum 905 Letter from John Conyers, Jr., Chairman of the Subcommittee on Criminal 914 Letter from John Conyers, Jr., Chairman of the Subcommittee on Criminal 915 Letter from John Conyers, Jr., Chairman of the Subcommittee on Criminal 916 Post-hearing Submission by Judge Hastings, including the Rhode Island Supreme Court decision in Lerner v. Moran Motion Adopted by the Subcommittee on Criminal Justice on July 6, 1988.. 917 921 934 The Committee on the Judiciary 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 and referred to the Committee. I am enclosing a copy of the resolution (Tab 1). In addition, the Chief Justice of the United States, acting on behalf of the Judicial Conterence of the United States, has transmitted to the House of Representatives, pursuant to 28 U.S.C. 331, a Certificate concurring in the determination of the Judicial Council of the Eleventh Circuit that "consideration of impeachment [of Judge Hastings] may be warranted." That determination and the record of the proceedings before the Judicial Council and its Investigating Committee have also been referred to the Committee for its consideration. A copy of the Certificate is enclosed (Tab 2). All of these matters have been referred to the Judiciary Subcommittee on Criminal Justice. We consider a review of the complete record of the grand jury that indicted Judge Hastings to be essential in order to make our inquiry complete. The inquiry might not reach the degree of thoroughness necessary to ensure public confidence that justice had been done without such a review. Therefore, I request that the United States District Court for the Southern District of Florida deliver to the Subcommittee all of the records, transcripts, minutes and exhibits of the grand jury, No. 81-1-GJ (MIA), which indicted Judge Hastings in Case No. 81-596-Cr. 2 The federal courts have disclosed to this Committee similar grand jury material in prior impeachment inquiries. See In re Report and Recommendation of June 5, 1972 Grand Jury Concerning Transmission of Evidence to the House of Representatives, 370 F. Supp. 1219 (D.D.C. 1974) (Sirica, J.). The grand jury materials requested by the Subcommittee were previously disclosed to the Investigating Committee of the Judicial Council of the Eleventh Circuit in connection with its investigation of a complaint against Judge Hastings. See In re Petition to Inspect and Copy Grand Jury Materials, 735 F.2d 1261 (11th Cir.), cert. denied, 82 L.Ed.2d 191 (1984). The Subcommittee intends to receive the requested grand jury material in executive session and pursuant to the confidentiality procedures adopted by the Committee (Tab 3). If the Court has any questions concerning this request, please contact the Special Counsel for the impeachment inquiry, Alan I. Baron (202/226-3444). |
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