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COMMITTEE ON THE JUDICIARY

PETER W. RODINO, JR., New Jersey, Chairman

JACK BROOKS, Texas
ROBERT W. KASTENMEIER, Wisconsin
DON EDWARDS, California
JOHN CONYERS, JR., Michigan
ROMANO L. MAZZOLI, Kentucky
WILLIAM J. HUGHES, New Jersey
MIKE SYNAR, Oklahoma
PATRICIA SCHROEDER, Colorado
DAN GLICKMAN, Kansas

BARNEY FRANK, Massachusetts
GEO. W. CROCKETT, Jr., Michigan
CHARLES E. SCHUMER, New York
BRUCE A. MORRISON, Connecticut
EDWARD F. FEIGHAN, Ohio
LAWRENCE J. SMITH, Florida
HOWARD L. BERMAN, California
RICK BOUCHER, Virginia

HARLEY O. STAGGERS, Jr., West Virginia
JOHN W. BRYANT, Texas

BENJAMIN L. CARDIN, Maryland

HAMILTON FISH, JR., New York
CARLOS J. MOORHEAD, California
HENRY J. HYDE, Illinois
DAN LUNGREN, California
F. JAMES SENSENBRENNER, JR.,
Wisconsin

BILL MCCOLLUM, Florida
E. CLAY SHAW, JR., Florida
GEORGE W. GEKAS, Pennsylvania
MICHAEL DEWINE, Ohio
WILLIAM E. DANNEMEYER, Califor
PATRICK L. SWINDALL, Georgia
HOWARD COBLE, North Carolina
D. FRENCH SLAUGHTER, JR., Virginia
LAMAR S. SMITH, Texas

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CONTENTS

ted States Court of Appeals for the Eleventh Circuit:

ergency Motion to Extend Stay Pending Disposition of Appeal and

Appendix thereto.......

morandum of the Committee on the Judiciary of the United States

ouse of Representatives in Opposition to Judge Hastings' Emergency
otion to Extend Stay Pending Disposition of Appeal....
Hastings' Reply to Memorandum Opposing Extension of Stay.

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II. IN RE: GRAND JURY 86-3 (MIAMI) (LITIGATION CONCERNING THE
RELEASE OF TITLE III MATERIALS)

Page

A. United States District Court (S.D.Fla.):

Letter from Peter W. Rodino, Chairman of the Committee on the Judiciary, to
Judge John D. Butzner, Jr., dated September 25, 1987
Letter from Peter W. Rodino, Chairman of the Committee on the Judiciary, to
Judge John D. Butzner, Jr., dated September 25, 1987.

399

404

Objection to Requests for Disclosure and Appendix there........................
List of Authorities.

List of Points and Authorities Relied Upon by the Committee on the
Judiciary

Motion for Leave to File Appendix to Objection to Requests for Disclosure
Opinion and Order

407

419

424

427

432

Notice of Appeal.

448

B. United States Court of Appeals for the Eleventh Circuit:
Emergency Motion to Extend Stay Pending Disposition of Appeal and
Appendix thereto.......

449

Opposition to Emergency Motion to Extend Stay Pending Disposition of
Appeal...

608

Order..

617

Motion for One-Extension within which to File Corrected and Compacted
Brief in Lieu of Appended Draft and Draft Brief..

618

Brief for Appellant United States District Judge Alcee L. Hastings and
Supplement to Appendix

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Motion for Stay of Mandate Pending Application to Supreme Court for
Writ of Certiorari and exhibits thereto

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
Justice, to Judge Alcee L. Hastings, dated March 22, 1988..

914

Letter from John Conyers, Jr., Chairman of the Subcommittee on Criminal
Justice, to Terence Anderson, dated April 11, 1988.....

915

Letter from John Conyers, Jr., Chairman of the Subcommittee on Criminal
Justice, to Judge Alcee L. Hastings, dated May 20, 1988......
Letter to John Conyers, Jr., Chairman of the Subcommittee on Criminal
Justice, from Professor Peter M. Shane: an analysis of the legality and
appropriateness of an impeachment proceeding following a criminal pros-
ecution resulting in acquittal

916

917

Post-hearing Submission by Judge Hastings, including the Rhode Island Supreme Court decision in Lerner v. Moran

921

Motion Adopted by the Subcommittee on Criminal Justice on July 6, 1988.

934

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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 lof 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).

Sincerely 2

Tiled the

PETER W. RODINO, JR.
Chairman

Enclosures

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