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NINETY-NINTH CONGRESS

GENERAL COUNSEL
M. ELAINE MIELE
STAFF DIRECTOR

GARNER CUNE
ASSOCIATE COUNSEL
ALAN COFFEY, AL

PETER W. MOOINO, JR, NEW JERSEY, CHAIRMAN JACK BROOKS, TOUS

HAMILTON FISH, JR, NEW YORK ROBERT W. KASTENMEIER WISCONSIN CARLOS J. MOORHEAD, CALIFORNIA DON EDWARDS. CALIFORNIA

HENRY J. HYDE ILLINOIS JOHN CONVERS. JR., MICHIGAN

THOMAS N. KINDNESS. OHIO JOHN F. SEIBERLING. OHIO

DAN LUNGREN, CALIFORNIA ROMANOL MAZZO, KENTUCKY

F. JAMES SENSENBRENNER JR, WISCONSIN WILLIAM .. HUGHES. NEW JERSEY

BILL McCOLLUM, FLORIDA MIXE SYMAR OKLAHOMA

E CLAY SHAW, JR, FLORIDA
PATIUCIA SCHROEDER COLORADO GEORGE W. GEKAS. PENNSYLVANIA
DAN GUCKMAN. KANSAS

MICHAEL DEWIN! OHIO
FRANK MASSACHUSETTS WILLIAM L DANNEMEYER CAUFORNIA
GEO. W. CROCKETT, JR.MICHIGAN HANK BROWN, COLORADO
CHARLES L SCHUMER NEW YORK PATRICK L SWINDALL, GEORGIA

A MORRISON, CONNECTICUT HOWARD COBLE, NORTH CAROUNA
EDWARO F. FEIGHAN, OHIO
LAWRENCE 1 SMITH, FLONDA
HOWAROL BERMAN, CAUFORNIA
RICK BOUCHER VIRGINIA
KARLEY O. STAGGERS, JR, WEST VIRGINIA
JOHN BRYANT, TEXAS

U.S. House of Representatives

Committee on the Judiciary
Washington, DC 20515-6216

Telephone: 202-225-3951

BARNEY

June 16, 1986

The Honorable Charles E. Wiggins
United States Court of Appeals

for the Ninth Circuit
P. 0. Box 547
San Francisco, CA 94101

Dear Judge Wiggins:

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 begin 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 appear as a witness before the Committee only on the issue of whether conviction and incarceration of a federal judge brings the judicial branch into disrepute. I would expect that your presentation would occur early Thursday afternoon or at 9:00 a.m. on Friday morning.

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APPENDIX III

DOCUMENTS BEFORE THE SUBCOMMITTEE RELATING TO UNITED

STATES V. CLAIBORNE* 1. Order for Disclosure of Return and Taxpayer Return Information, In Re: Application of the Department of Justice for an Order Under 26 U.S.C. 6103, Case No. Misc. 82-91 (D. Ore., filed Feb. 21, 1983) (Hoffman, J.) (signed Sept. 22, 1982) (relating to taxpayer return information of Harry Eugene Claiborne).

2. Docket Sheets, U.S. v. Claiborne, Cr. No. CR-R-83-57-WEH, Dec. 8, 1983 through June 23, 1986.

3. Indictment, U.S. v. Claiborne, Cr. No. CR-R-83-57-WEH, filed Dec. 8, 1983 (seven-count indictment).

4. Order (relating to pretrial motions, schedule, and bond), U.S. v. Claiborne, (Hoffman, J.) (filed Dec. 21, 1983).

5. Order (denying defendant's motion to extend time in which to file pretrial motions, and setting date-June 9, 1984—for hearing on motion for change of trial and pretrial hearing sites), U.S. v. Claiborne, (Hoffman, J.) (signed Dec. 27, 1983).

6. Order (relating to defendant's motion to extend time in which to file motions, and motion for change of trial and pretrial hearing sites), U.S. v. Claiborne, (amending order of Dec. 27, 1983) (Hoffman, J.) (signed Dec. 28, 1983).

7. Order (denying defendant's motion to quash indictment and dismiss proceedings: violation of judicial independence and separation of powers), U.S. v. Claiborne, (Hoffman, J.) (entered Jan. 11, 1984).

8. Order (granting government's oral motion for protective order), U.S. v. Claiborne, (Hoffman, J.) (entered Jan. 20, 1984).

9. Amended Order (amending the order of Jan. 11, 1984, relating to defendant's motion to quash indictment and dismiss proceedings, and to the government's request for clarification of the order, and continuing the trial date to March 12, 1984), U.S. v. Claiborne, (Hoffman, J.) (entered Feb. 8, 1984).

10. Order (relating to government's motion for reciprocal discovery and defendant's response), U.S. v. Claiborne, (Hoffman, J.) (signed Feb. 13, 1984).

11. U.S. v. Claiborne, No. 84-1009 (9th Cir., filed Feb. 13, 1984) (order of special panel, directing government to file a response to appellant's emergency motion for a stay and application for a writ of prohibition by Feb. 17, 1984) (Gibson, Garth, and Kennedy, Circuit Judges).

Unless otherwise indicated, the documents are in the case of United States of America v. Harry Eugene Clairborne, Cr. No. CR-R-83-57-WEH, in the United States District Court for the District of Nevada. Unless otherwise indicated, the documents-e.g., orders-are unpublished.

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12. Order (relating to procedures for depositions and witnesses), U.S. v. Claiborne, (Hoffman, J.) (filed Feb. 17, 1984).

13. Order (denying motion to disqualify the special prosecutor; denying motion to dismiss for grand jury abuse, to discover grand jury materials, to interview grand jurors, and for evidentiary hearing, but ordering the sealing of certain grand jury transcripts and conditioning the order on the court's en camera review of the proceedings before the Oregon grand jury; denying motion to dismiss Counts IV, V, and VI of the indictment for leaks to IRS by government sources; and for additional discovery), U.S. v. Claiborne, (Hoffman, J.) (filed Feb. 17, 1984).

14. U.S. v. Claiborne, 727 F.2d 842 (9th Cir. 1984) (Gibson, Garth, and Kennedy, Circuit Judges) (affirming district court's order denying defendant's motion to quash indictment; denying petitions for writs of mandamus and prohibition; and denying as moot renewed motion for a stay) (holding Constitution does not immunize federal judge from criminal prosecution prior to his impeachment) (March 5, 1984).

15. Order (directing defendant to deliver forthwith to FBI material required under Rule 16(b)(1)(A) and (B), Fed. R. Crim. P.; ordering that material not so produced may not be introduced in defendant's case-in-chief; and ordering the U.S. to supplement its disclosure of evidence by March 9, 1984), U.S. v. Claiborne, (Hoffman, J.) (signed March 7, 1984).

16. Claiborne v. U.S. [No. A-725], 465 U.S. 1305 (1984) (Opinion in Chambers of Justice Rehnquist, denying application for stay of proceedings pending Supreme Court consideration of 9th Circuit decision of March 5, 1984) (March 12, 1984).

17. Claiborne v. U.S. (No. A-725), 465 U.S. 1092 (1984), (Miscellaneous Order denying application to stay proceedings in U.S. District Court for the District of Nevada) (White, J.) (March 14, 1984).

18. Minutes of the Court, March 12, 1984, U.S. v. Claiborne (Hoffman, J.) (filed March 30, 1984).

19. Order (granting government's motion for re-entry of matters on the record), U.S. v. Claiborne (Hoffman, J.) (filed March 13, 1984).

20. U.S. v. Claiborne, No. 84-7175 (9th Cir., filed March 14, 1984) (order of special panel directing government to file a response to petition for emergency writ of mandamus by March 16, 1984) (Gibson, Garth and Kennedy, Circuit Judges).

21. U.S. v. Claiborne, No. 84-7175 (9th Cir., filed March 19, 1984) (order denying the emergency petition for a writ of mandamus) (Gibson, Garth, and Kennedy, Circuit Judges).

22. Transcript of First Trial and Other Proceeding, U.S. v. Claiborne, Cr. No. CR-R-83-57-WEH (D. Nevada) Volumes I through XVI, pages 1–3793 (March 15, 16, 19-23, 26-30, April 2–7, 9, 11-13), and Government and Defense Exhibits.

23. Memorandum (relating to Oregon grand juries, FBI agents, special prosecutor, and subponea, and holding there was no preju. dice to the defendant), U.S. v. Claiborne (Hoffman, J.) (signed March 27, 1984).

24. Minutes of the Court, April 4, 5, and 6, 1984, U.S. v. Claiborne (Hoffman, J.) (filed April 9, 1984).

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