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TABLE OF CONTENTS

Description

Joint Statement of Facts

Judicial Review Provision of the Freedom of
Information Act, 5 U.S.C. § 552 (a) (3) (B)

3.

Judicial Review Provision of the Administrative

Procedure Act, 5 U.S.C. § 704

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7.

Letter from RTC Acting Deputy General Counsel

James Barker to Honorable James A. Leach, dated

May 2, 1994

Chart setting forth criminal investigations

relating to Columbia Savings & Loan, Lincoln

Savings & Loan, Silverado Savings & Loan, and

CenTrust Savings & Loan

Statute Reauthorizing the Independent Counsel Lav
Independent Counsel Statute, 28 U.S.C. § 592

Pursuant to the Court's May 16, 1994 Order, Plaintiff James A. Leach ("Rep.

Leach") and Defendants Office of Thrift Supervision ("OTS") and Resolution Trust

Corporation ("RTC") file this Joint Statement of Facts. In its May 16, 1994 Order recognizing that the parties may disagree as to certain facts, the Court directed the parties to submit a joint statement of facts that includes both undisputed, material facts and any disagreements about whether a fact is undisputed or whether a fact is material. Therefore, the parties submit a joint statement of facts that is subdivided into four categories: 1) joint statement of undisputed and material facts; 2) joint statement of undisputed facts as to which materiality is disputed; 3) Plaintiff's statement of facts which Plaintiff believes to be material and as to which Plaintiff believes there is no genuine dispute; and 4) Defendants' statement of facts which Defendants believe to be material and as to which Defendants believe there is no genuine dispute.

I.

Joint Statement Of Undisputed And Material Facts.

1. Rep. Leach is the duly elected Member of the United States House of Representatives from the First Congressional District of Iowa. Rep. Leach is presently the Ranking Minority Member of the House Committee on Banking, Finance and Urban Affairs ("House Banking Committee").

2.

In his capacity as a Member of Congress and as the Ranking Minority

Member of the House Banking Committee, Rep. Leach has requested that Defendants

produce all documents in their possession, custody or control pertaining to Madison Guaranty

Savings & Loan Association ("Madison") and its affiliates and subsidiaries.

3.

The Defendants in this lawsuit have treated Rep. Leach's request as one

made pursuant to the Freedom of Information Act ("FOLA").

4.

Rep. Leach has exhausted his administrative remedies in seeking

documents pertaining to Madison and its subsidiaries from RTC and OTS.

5. Neither Defendant has withheld documents pertaining to Madison based

on a claim of executive privilege.

6. The House Banking Committee has legislative oversight responsibility

for the activities of RTC, OTS, the Financial Institutions Reform, Recovery and Enforcement Act of 1989 ("FIRREA"), and other banking statutes, including the manner in which the

Defendants have dealt with the failure of Madison.

7.

On March 22, 1994, by a vote of 408 to 15, the House of

Representatives adopted H.R. Res. 394 which provides in full:

Resolved, That it is the Sense of the House of
Representatives that --

(a) Congress has a Constitutional obligation to conduct
oversight of matters relating to the operations of the

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government, including matters related to any governmental
investigations which may, from time to time, be undertaken.

(b) The Speaker, Majority and Minority Leaders should
meet to determine the appropriate timetable, procedures, and
forum for appropriate Congressional oversight, including
hearings on all matters related to "Madison Guaranty Savings
and Loan Association ('MGS&L'), Whitewater Development
Corporation and Capital Management Services Inc. ('CMS')."

(c) No witness called to testify at these hearings shall be granted immunity under sections 6002 and 6005 of Title 18, United States Code, over the objection of Special Counsel Robert B. Fiske, Jr.

(d) The hearings should be structured and sequenced in such a manner that in the judgment of the Leaders they would not interfere with the ongoing investigation of Special Counsel Robert B. Fiske, Jr.

Rep. Leach voted for H.R. Res. 394.

8.

On May 24, 1994, Rep. John Doolittle introduced H.R. Res. 437,

under which five House Committees would formally initiate oversight hearings on Madison

before August 15, 1994. Rep. Leach co-sponsored H.R. Res. 437.

9.

The RTC has submitted all annual and semi-annual reports to Congress required by 12 U.S.C. §§ 1441a(k)(4) & (5). The Thrift Depositor Protection Oversight Board ("Oversight Board") and the RTC submitted their most recent semiannual reports to Congress on November 1, 1993 and April 29, 1994.

10. The Chairman of the House Banking Committee has not requested the RTC or the Oversight Board to attend oversight hearings relating to the April 29, 1994 semiannual report submitted by the RTC and the Oversight Board. An oversight hearing concerning the November 1, 1993 semiannual report was originally scheduled by the Chairman of the House Banking Committee for March 24, 1994, but was postponed and has not been rescheduled. The hearing was postponed without a vote of the Committee. Under

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