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 meet ing 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.

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.
Chairman

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.

The Committee staff will be in contact with you regarding exact scheduling.