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25. Minutes of the Court, April 13, 1984, U.S. v. Claiborne (Hoffman, J.) (filed April 13, 1984).

26. Order (setting schedule for retrial after mistrial and ordering retrial to commence on July 31, 1984, ordering that jury be sequestered and that court convene on Saturdays) U.S. v. Claiborne (Hoffman, J.) (filed April 13, 1984).

27. Order (denying defendant's motion for judicial recusal), U.S. v. Claiborne (Hoffman, J.) (signed April 27, 1984, erroneously dated “1983'').

28. Order (relating to procedures for retrial including use of exhibits, tests and witnesses, and disclosure of certain "statements” to defendant) U.S. v. Claiborne (Hoffman, J.) (signed May 3, 1984).

29. Order (relating to jurors), U.S. v. Claiborne (Hoffman, J.) (filed May 7, 1984).

30. Order (relating to defendant's motion for judicial recusal and to government's motion for temporary release of defense exhibit), U.S. v. Claiborne (Hoffman, J.) (filed May 21, 1984).

31. Order (relating to sequestration of the jury), U.S. v. Claiborne (Hoffman, J.) (filed June 11, 1984).

32. Memorandum and Order on Defendant's Exhibit No. 47 (granting the government's motion for temporary release of defendant's exhibit No. 47 for examination and necessary testing, but allowing defendant to make a copy of it and to have a representative present at the examination or tests and to be promptly informed of results), U.S. v. Claiborne (Hoffman, J.) (filed June 8, 1984).

33. Order (denying defendant's motion for continuance of the scheduled trial date of July 31, 1984), U.S. v. Claiborne (Hoffman, J. (filed June 8, 1984).

34. Order (denying defendant's motion for an order that the juror's not be subjected to sequestration) U.S. v. Claiborne (Hoffman, J.) (filed June 18, 1984).

35. Order (denying defendant's motion for judicial recusal), U.S. v. Claiborne (Hoffman, J.) (filed June 22, 1984).

36. Government's Motion for Leave to Dismiss Counts (Counts One, Two, Three and Four of the Indictment), U.S. v. Claiborne (filed June 27, 1984).

37. U.S. v. Joseph Conforte, Criminal Action No. 83–0316 (D.D.C., filed June 27, 1984), Order (denying motion of Judge Harry E. Claiborne to vacate order sealing judicial records, noting that this record was unsealed by the Court on Dec. 15, 1983) (Smith, J.).

38. Order (granting the government's motion for leave to dismiss Counts One, Two, Three and Four, and assuming the dismissal is with prejudice to the government, and allowing John Squire Drendel, Esq., to serve as co-counsel if he will not testify for defendant), U.S. v. Claiborne (Hoffman, J.) (signed July 5, 1984).

39. Order (denying defendant's second supplement to motion for judicial recusal), U.S. v. Claiborne (Hoffman, J.) (filed July 10, 1984).

40. Order (granting government's motion for release of exhibits) U.S. v. Claiborne (Hoffman, J.) (filed July 27, 1984).

41. Memorandum Denying Defendant's Second Supplement to Motion for Judicial Recusal, U.S. v. Claiborne (Hoffman, J.) (filed July 27, 1984).

42. Order (denying (A) defendant's motion for (1) dismissal of all
counts of indictment tainted by use of false testimony before grand
jury and concealment of truth by prosecutor Shaw; (2) evidentiary
hearings on any factual matter not admitted by the prosecution; (3)
discovery of entire circumstances whereby the FBI and Prosecutor
Shaw obtained confidential tax returns of defendant; and (B)
motion for discovery of documents relating to misconduct of gov-
ernment agents and prosecutors in the unauthorized disclosure of
confidential income tax returns and return information), U.S. v.
Claiborne (Hoffman, J.) (filed July 30, 1984).

43. Transcript of (Second) Trial and Related Trial Proceedings
before Hon. Walter E. Hoffman and a jury, U.S. v. Claiborne.

a. Transcript of Opening Statement, Aug. 2, 1984, pp. 1-44.
b. Transcript of Trial, Vol. I, Aug. 2, 1984, pp. 1-186a.
c. Transcript of Trial, Vol. II, Aug. 3, 1984, pp. 187–441a.
d. Transcript of Trial, Vol. III, Aug. 4, 1984, pp. 442–676a.
e. Transcript of Trial, Vol. IV, Aug. 6, 1984, pp. 678–903.
f. Transcript of Trial, Vol. V, Aug. 7, 1984, pp. 904-1111.
g. Transcript of Trial, Vol. VI, Aug. 8, 1984, pp. 1112-1273.

h. Transcript of Closing Arguments and Other Proceedings, Aug.
9, 1984, pp. 1-119.

i. Transcript of Verdict, Vol. VII, Aug. 10, 1984, pp. 1274-90.
44. Trial Exhibits (Second Trial):

[blocks in formation]

3
3
5
7
8
24
28
42
50
51
72
82
84
91

August 2, 1984
Government's:

1 Form 1040 for 1977 for Harry E. Claiborne
2 Form 1040 for 1978 for Harry E. Claiborne
3 Form 1040 for 1979 for Harry E. Claiborne.
4 Form 4868, Application for Automatic Extension of Time for 1980 for Harry E. Claiborne .....
5 Form 1040 for 1980 for Harry E. Claiborne .
6 Copy of nine checks from James Brown to Harry E. Claiborne during 1979.
1 Copy of two checks from James Brown to Harry E. Claiborne during 1980.
45 Street map, downtown Las Vegas, Nev...........
8 Copies of five letters from Annette Quintana to Harry E. Claiborne during 1979
9 Copy of five checks from Annette Quintana to Harry E. Claiborne during 1979.
10 Copy of a communication from Harry E. Claiborne to Jay Wright...
11 Copy of a check signed by George DeRoy to Harry E. Claiborne dated 8/15/80.
12 Memorandum prepared by George DeRoy dated August 18, 1980.......
13 Copy of check from Peter Echeverria payable to Harry E. Claiborne dated December,

1979.
14 Copy of records from Caesar's Palance re Peter Echeverria's trip in 1979..
15 Signature card for checking account of Harry E. Claiborne at Pioneer Citizen's Bank........
16 Copy of checks and deposits slips for the account of Harry E. Claiborne at Pioneer

Citizens Bank for 1979.
17 Copy of cashier's check and bank statement for the account of Harry E. Claiborne at

Pioneer Citizen's Bank.
18 Copy of three checks, deposit slip and bank statement for the account of Harry E.

Claiborne at Pioneer Citizen's Bank.
19 Copy of check, deposit slip and checking account statement for the account of Harry E.

Claiborne at Pioneer Citizen's Bank.
20 Copy of check, deposit slip and bank statement for the account of Harry E. Claiborne at

Pioneer Citizen's Bank.
21 Copy of a check, deposit slip and bank statement for the account of Harry E. Claiborne

[graphic]

100
102
104

106

108

110

111

114

at Pioneer Citizen's Bank.
22 Cash and sales record for Harry E. Claiborne for 1978..
23 Check register for Harry E. Claiborne for business account for 1978.

123
125

INDEX OF EXHIBITS—Continued

Admitted

Identified

143
144
153

154

157

159

165

170

361
363

364

365

367

367

370
377

25 Work paper listing income and expenses for Harry E. Claiborne for 1978..
25A Blow-up of Exhibit 25.
26 Check register for Harry E. Claiborne for 1979
27 Check register for Harry E. Claiborne for 1979.
28 Handwritten document prepared for Jay Wright by Harry E. Claiborne.
28A Blowup of Exhibit 28 ..
29 Three letters written to financial institutions by Jay Wright on behalf of Harry E.

Claiborne.
30 Work papers to prepare 1979 tax return for Harry E. Claiborne...
30A Blowup of Exhibit 30 ...
31 Documents relating to income and expenses for Harry E. Claiborne for 1979.
31A Blowup of Exhibit 31.

August 3, 1984
Government exhibits:

32 Signature card for Harry E. Claiborne for account at First Interstate Bank.
33 Deposit ticket dated 8/31/78 for $75,000 and bank statement dated 8/31/78 at First

Interstate Bank.
34 Check in the amount of $76,443.16 dated 8/31/78, No. 144982, signed by Harry E.

Claiborne payable to Internal Revenue Service and bank statement dated 9/29/70 at First

Interstate Bank.
35 Deposit ticket dated 8/13/80 for $1,778.30, check deposited in the amount of $888.30

and bank statement dated 8/29/80 at First Interstate Bank.
36 Deposit ticket dated 11/24/80 for $7,451.19, check deposited in the amount of

$7,071.19 and bank statement dated 11/28/80.
37 Check in the amount of $20,817.59 dated 4/13/81, No. 1046, signed by Harry E.

Claiborne, payable to Internal Revenue Service at First Interstate Bank.
38 U.S. Government tax refund check for $44,256 issued to Harry E. Claiborne on 7/24/81..
39 Letter dated 6/13/79 from Judge Edward Tamm to Judge Harry Claiborne re 1978

Financial Disclosure Report; letter from Judge Harry Claiborne to Judge Edward Tamm dated
6/20/79 transmitting 1978 Financial Disclosure Report; and 1978 Financial Disclosure

Report of Judge Harry E. Claiborne for 1978 dated 6/20/79.
39A Blowup of 1978 Financial Disclosure Report..
40 Financial Disclosure Report for 1979 filed May 17, 1980
41 Letter Dated 8/12/81 from Judge Edward Tamm to Judge Harry E. Claiborne in re

1978, 1979 and 1980 Financial Disclosure Reports; letter dated 3/2/81 from Judge
Edward Tamm to Harry Claiborne re 1979 Financial Disclosure Report; letter dated 2/18/
81 from Harry Claiborne to Judge Edward Tamm re Judicial Ethics Committee; letter dated
10/21/81 from Judge Harry E. Claiborne to Judge Edward Tamm in re 1978, 1979, and
1980 Financial Disclosure Reports; and letter dated 3/31/83 from Judge Harry E. Claiborne

to Judge Edward Tamm amending 1978 and 1979 Financial Disclosure Reports.
Defendant's exhibits:

2 Letter dated 5/16/81 from Harry E. Claiborne (Financial disclosure report for 1980, filed
5/16/81).

August 4, 1984
Government's:

5A Blowup of Exhibit 5..
42 Chart for 1979 Income Tax Preparation.

43 Chart for 1980 Income Tax Preparation.
Defendant's:
2 Letter dated 5/16/81 from Harry E. Claiborne.

August 6, 1984
Government's:

47 Letter from Jerry Watson, Creative Tax Planning, to Judge Harry Claiborne, dated April 6,

1981.
Defendant's:

47 Black Vinyl Pad with Yellow Paper
3 Report of Joanne L. Becker.
41 Handwritten Legal Yellow Sheet..
1 Letter to Jay Wright From Harry Claiborne dated 4/11/80..
2-A Blow-Up of Defendant's Exhibit 1.

415
378

378, 423,
425, 432,
433, 434,

437

403

547

475

495

454

797

797
762
778

861

861

INDEX OF EXHIBITS—Continued

Admitted

Identified

868

4 Check dated 4/11/80 for $8,000.

August 7, 1981
Defense:

47-A Photographic Blow-up of one page of Defendant's Exhibit 47.
2-A Photographic Blow-up of first page of Defendant's Exhibit 2.
5 1979 Schedule Prepared by Gologorsky.
6 1980 Schedule Prepared by Gologorsky.

August 8, 1984
Government's:

48 Log Book of Joseph Wright dated Between 8/31/78 and 6/18/80 Other exhibits received by committee but not indexed by court reporter: Government's exhibits:

44 Transcript in sentencing of Richard Gordon, CR LV 81-68 HEC, July 12, 1982. 46 Chronology of 1979 legal fees of Judge Claiborne ..

911 911 1055 1063

1155

45. Order (denying government's introduction of evidence-the transcript of the Richard Gordon sentencing by Judge Claiborneinto its case-in-chief, but reserving the question of possible other uses of the evidence), U.S. v. Claiborne, (Hoffman, J.) (signed Aug. 3, 1984).

46. Order (setting schedule for filing post-trial motions and for filing motion for assessment of costs, continuing defendant on personal recognizance bond until sentencing date of October 3, 1984, and ordering preparation of presentence report), U.S. v. Claiborne, (Hoffman, J.) (filed Aug. 24, 1984).

47. Claiborne v. U.S. (No. 83-1992] U.S. 105 S. Ct. 113 (1984), (denying petition for writ of certiorari) (denied Oct. 1, 1984) (case below, 727 F.2d 842, relating to pretrial motions).

48. Judgment and Probation/Commitment Order, U.S. v. Claiborne, (Hoffman, J.) (filed Oct. 3, 1984) (adjudging the defendant guilty as charged and convicted and ordering that the defendant be committed to the custody of the Attorney General for imprisonment for a period of two years and is ordered to pay a fine of $5,000 as to Count V; and under Count VI to serve two years concurrent to Count V and to pay a fine of $5,000. The sentences of confinement were imposed under Title 18 U.S.C., $ 4205(b)(2)).

49. Notice of Appeal, U.S. v. Claiborne, (appeal by defendant to the U.S. Court of Appeals for the Ninth Circuit from the final judg. ment of conviction and sentence entered Oct. 3, 1984) (filed Oct. 3, 1984).

50. Opening Brief of Appellant, U.S. v. Claiborne, No. 84-1294 (9th Cir. dated Jan. 15, 1985) (D. Ct. No. CR-R-83-57-WEH).

51. Appellant's Excerpts of Record, U.S. v. Claiborne, No. 84-1294 (9th Cir., dated Jan. 15, 1985) (D. Ct. No. CR-R-83-57-WEH).

52. Brief of Appellee, U.S. v. Claiborne, No. 84-1294 (9th Cir., dated Feb. 12, 1985).

53. Appellee's Supplemental Excerpt of Record, U.S. v. Claiborne, No. 84-1294 (9th Cir., dated Feb. 12, 1985) (D. Ct. No. CR-R-83-57WEH).

54. Appellant's Reply Brief, U.S. v. Claiborne, No. 84-1294 (9th Cir., dated Feb. 26, 1985) (D. Ct. No. CR-R-83-57-WEH).

55. Order and Judgment (affirming conviction), U.S. v. Claiborne, No. 84-1294 (D.C. No. Cr. 83-57-WEH) (9th Cir., filed and entered July 8, 1985).

56. Opinion (affirming conviction), U.S. v. Claiborne, 765 F.2d 784 (9th Cir. 1985) (Circuit Judge Pell for himself, Lumbard, and McWilliams) (July 8, 1985).

57. U.S. v. Claiborne, No. 84-1294 (9th Cir. filed Dec. 10, 1985) (order of special panel, denying petition for rehearing and rejecting suggestion for rehearing en banc) (not in Committee's possession at this time] (Lumbard, Pell, and McWilliams, Circuit Judges).

a. U.S. v. Claiborne, 781 F.2d 1325 (9th Cir. 1985) (Ferguson, Circuit Judge, dissenting) (Dec. 30, 1985).

b. U.S. v. Claiborne, 781 F.2d 1327 (9th Cir. 1986) (Reinhardt, Circuit Judge, dissenting) (Jan. 30, 1986).

c. U.S. v. Claiborne, 781 F.2d 1334 (9th Cir. 1986) (Pregerson, Circuit Judge, dissenting) (Feb. 10, 1986, as amended March 4,

1986). 58. Brief for the United States in Opposition [to petition for a writ of certiorari), Claiborne v. U.S., No. 85-1197 CU.S., filed March 1986).

59. Claiborne v. U.S., [No. 85-1197] -- U.S. --, 106 S. Ct. 1636 (1986) (denying petition for writ of certiorari) (decided April 21, 1986) (case below, 765 F.2d 784, relating to convictions on Counts V and VI).

60. Order List, U.S. Supreme Court, Claiborne, v. U.S., No. 851197, notice of denial of certiorari (April 21, 1986).

61. Mandate (affirming conviction and order and judgment of 9th Circuit of July 8, 1985) issued on April 29, 1986, by Ninth Circuit, U.S. v. Claiborne, No. 84-1294, and filed in D. Ct. D. Nev. on May 1, 1986.

62. Emergency En Banc Motion for Designation of Ninth Circuit Judge, In the Matter of Harry E. Claiborne, No. 84-1294 (9th Cir., filed May 2, 1986) (D. Ct. No. CR-R-83-57-WEH).

63. Emergency Petition for Stay of Execution, In the Matter of Harry E. Claiborne, No. 84-1294 (9th Cir., filed May 2, 1986) (D. Ct. No. CR-R-83-57-WEH).

64. Motion to Stay Proceedings Pending Action By the United States Court of Appeals for the Ninth Circuit on Motions Pending in that Court Affecting this Proceeding, U.S. v. Claiborne, No. CRR-83-57-WEH (D. Nev., filed on May 5, 1986).

65. Motion (1) to Vacate Judgment and Sentence; (2) for Evidentiary Hearing; and (3) for Discovery Proceedings, U.S. v. Claiborne, No. CR-R-83-57-WEH (D. Nev., filed on May 5, 1986).

66. Government's Opposition to Emergency Petition for Stay of Execution, U.S. v. Claiborne, No. 84-1294 (9th Cir., filed on May 7, 1986) (D. Ct. No. CR-R-83-51-WEH).

67. Government's Opposition to Petitioner's Emergency En Banc Motion for Designation of Ninth Circuit Judge, U.S. v. Claiborne, No. 84-1294 (9th Cir., filed on May 7, 1986) (D. Ct. No. CR-R-8357-WEH).

68. Motion for Disqualification of Government Counsel and for Order Directing Attorney General to Determine whether Grounds Exist to Investigate Whether High Government Officials Have Committed Felonies That Warrant Appointment of Special Pros

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