We will next meet on Tuesday morning at 10 a.m., in open session in this room, for the purpose of general debate, discussion, and potentially adopting articles of impeachment. Staff and others will in the meantime be working on matters relating to this case and may have some recommendations to make to us. I suggest that members who have interest in particular aspects may wish to communicate with staff or with me or with others, but in any event, I would hope that we may on next Tuesday dispose of it by adopting articles of impeachment, or, it is possible, by rejecting articles. In the event that the subcommittee does adopt one or more articles of impeachment, those articles forthwith will be made available to the full committee. I do not know when the full committee may consider those articles. I assume that the full committee must make the judgment whether a record, whether the short period of time, perhaps 24 or 48 hours is not adequate, whether a record which could be available to them would make it more plausible to have what I would assume would be a single day's consideration, inasmuch as we would have next Tuesday in subcommittee, in full committee, and that day may or may not occur after the 4th of July recess. That judgment will be up to the full committee, to the chairman, I assume. If either before or after the recess the full committee adopts an article or articles of impeachment, that article or articles will go to the House floor in time-honored procedure and presumably there will be no delay. I would not assume there need be more than surely 1 week's delay between full committee consideration and floor consideration, unless the full committee took this up before the recess. Then in the event the House in open session on the floor does agree to one or more articles of impeachment, the matter will then be commissioned to the Senate of the United States for trial. That is a matter which we are not currently able to advise people on, or that is a contingency we are not able to advise people on, since should that event happen, the Senate, in terms of its time schedule and its rules, may wish to-obviously it has not acted and would not act, presumably, until that contingency is upon them. I give you that time schedule for your own guidance. I would ask unanimous consent that the record be left open to allow relevant court documents and exhibits to be inserted, and in the event the witnesses care to submit further information to the subcommittee, I would ask that these supplemental materials also be allowed to be, or that there be permission that they be included. I hear no objection. Mr. SENSENBRENNER. Will the chairman yield? I think it is important, given the timetable the chairman has outlined, that the unanimous-consent agreement relative to the submission of materials for purposes of the record contain a deadline. Mr. KASTENMEIER. Well, I would tell the gentleman from Wisconsin that inclusion of these materials in the record will not take precedence over scheduling. If they are submitted too late as to enable them to be included in the record, so be it. The schedule, the open schedules will take precedence. Mr. KINDNESS. Mr. Chairman. Parliamentary inquiry. With respect to the subcommittee's meeting on Tuesday next, which the chairman has stated will be an open meeting, I wonder whether, No. 1, the chairman might be prepared at that time to provide guidelines to the members of the subcommitee as to the handling of content, the testimony adduced here today, in that open meeting, or on the other hand, a motion to open the record of today's proceedings would be in order, inasmuch as I am not aware of anything being adduced today that really is not otherwise available in a public record. Mr. KASTENMEIER. The chair will say in response to the gentleman from Ohio, you raise a good question; may I assume that the unanimous-consent request to include in the record materials with the caveat I have just stated is agreed to? I would caution members, and other persons who are here, who are permitted to sit in on this executive session, that House rules specifically provide no evidence or testimony taken in executive session may be released or used in public sessions without the consent of the committee. Now, having said that, for our current guidance, before we meet on Tuesday morning, I will have staff-and by staff I mean minority and majority staff, they are working together on this-agree to have for us guidelines or proper motions with respect to release of materials. But until that time, these materials or this testimony taken in this session are embargoed, but we will deal with that. We will have recommendations for you, and you will have an opportunity for public debate. Each member will be allotted time, and there will be, you will have further findings and conclusions and recommendations by that time or before that time to ponder in terms of the session on Tuesday next. There will be further guidance with respect to embargoed materials. Mr. KINDNESS. Thank you, Mr. Chairman. Mr. KASTENMEIER. Are there any other questions? If not, this subcommittee stands adjourned. [Thereupon, at 5:40 p.m., the subcommittee adjourned.] Impeaching Harry E. Claiborne, Judge of the United States District Court for the District of Nevada, of high crimes and misdemeanors. IN THE HOUSE OF REPRESENTATIVES JUNE 3, 1986 Mr. RODINO (for himself, Mr. FISH, Mr. BROOKS, Mr. Kastenmeier, Mr. EdWARDS of California, Mr. GLICKMAN, Mr. MOORHEAD, and Mr. HYDE) submitted the following resolution; which was referred to the Committee on the Judiciary RESOLUTION Impeaching Harry E. Claiborne, Judge of the United States District Court for the District of Nevada, of high crimes and misdemeanors. 1 Resolved, That Harry E. Claiborne, Judge of the 2 United States District Court for the District of Nevada, is 3 impeached of high crimes and misdemeanors. House Resolution 461, to impeach Harry E. Claiborne of high crimes and misdemeanors, has been referred to the House Committee on the Judiciary. The House Judiciary Subcommittee on Courts, Civil Liberties and the Administration of Justice will be meeting to receive sworn testimony on H. Res. 461 at 9:00 a.m., Thursday, June 19, 1986, in Room 2141, Rayburn House Office Building. In order to assist the preparation and focus of the testimony, I would like to apprise you of the subcommittee's scope of inquiry. The inquiry will be limited to an examination of the two counts of making and filing false statements in his tax returns [violation of Title 26 U.S.C. $7206(1)] for the two years 1979 and 1980 for which Judge Claiborne was convicted. The inquiry will also assess whether Judge Claiborne's conviction and incarceration constitute behavior incompatible with the duties and responsibilities of a federal judicial officer. I hereby request that you designate a representative of the Department of Justice to appear before the subcommittee. I would also like to inform you that the Committee has extended to Judge Claiborne the opportunity to appear personally. Should he avail himself of that opportunity, I will be in further touch about the logistical and security considerations relating to his temporary release and transportation to Washington, D.C. 83 House Resolution 461, to impeach you for high crimes and misdemeanors, has been referred to the House Committee on the Judiciary. The House Judiciary Subcommittee on Courts, Civil Liberties and the Administration of Justice will be meeting to receive sworn testimony on H. Res. 461 at 9:00 a.m. on Thursday, June 19, 1986, in Room 2141, Rayburn House Office Building. The Committee would like to grant you the opportunity to appear personally or through counsel at that time. In order to assist the preparation and focus of the testimony, I would like to apprise you of the subcommittee's scope of inquiry. The inquiry will be limited to an examination of the two counts of making and filing false statements in your tax returns [violation of Title 26 U.S.C. $7206(1)] for the two years 1979 and 1980 for which you were convicted. The inquiry will also assess whether your conviction and present incarceration constitute behavior incompatible with the duties and responsibilities of a federal judicial officer. Please advise the Committee immediately if you accept the Committee's invitation and/or you will be represented by counsel. Sincerely, PWR:mrm cc: Oscar Goodman, Esq. Enclosure (H. Res. 461) PETER W. RODINO, JR. |