(House of Representatives - September 09, 1998)

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[Page H7468]
From the Congressional Record Online through the Government Publishing Office []


  The Speaker laid before the House the following communication from 
Kenneth W. Starr, Independent Counsel:

                            Office of the Independent Counsel,

                                Washington, DC, September 9, 1998.
     Hon. Newt Gingrich,
     Speaker, U.S. House of Representatives,
     Washington, DC.
     Hon. Richard A. Gephardt,
     Democratic Leader, U.S. House of Representatives, Washington, 
       Dear Mr. Speaker and Representative Gephardt: Today this 
     Office has delivered to the Sergeant at Arms, the Honorable 
     Wilson Livingood, 36 sealed boxes containing two complete 
     copies of a Referral to the House of Representatives. This 
     Referral is filed in conformity with the requirements of 
     Title 28, United States Code, Section 595(c), which provides 
     that ``[a]n independent counsel shall advise the House of 
     Representatives of any substantial and credible information 
     which such independent counsel receives . . . that may 
     constitute grounds for an impeachment.''
       This Referral contains confidential material and material 
     protected from disclosure by Rule 6(e) of the Federal Rules 
     of Criminal Procedure. Disclosure of this material to the 
     House of Representatives has been authorized by the United 
     States Court of Appeals for the District of Columbia Circuit, 
     Division for the Purpose of Appointing Independent Counsels. 
     A copy of that order is attached. The contents of the 
     Referral may not be publicly disclosed unless and until 
     authorized by the House of Representatives. Many of the 
     supporting materials contain information of a personal nature 
     that I respectfully urge the House to treat as confidential.
       I respectfully request that the Sergeant at Arms maintain 
     this Referral in a sealed and secure condition and deliver 
     this sealed Referral to the House of Representatives at a 
     time and place to be determined by the House consistent with 
     its own Rules. Until such time as the Sergeant at Arms is 
     directed to deliver this Referral, I consider it a record of 
     the Office of the Independent Counsel, and executive 
     department of the Executive Branch. I respectfully request 
     that the Referral remain sealed until its formal receipt by 
     the House. Jefferson's Manual, Sec. 706(c) (citing Speaker 
     O'Neill's ruling of July 31, 1980, Cong. Rec. at 20765).
           Respectfully yours,
                                                 Kenneth W. Starr,
                                              Independent Counsel.

                              {time}  1745

  The SPEAKER. The accompanying court order will appear at this point 
in the Congressional Record.
  The text of the court order is as follows:

       U.S. Court of Appeals for the District of Columbia Circuit

      division for the purpose of Appointing Independent Counsels

              Ethics in Government Act of 1978, As Amended

     In Re: Madison Guaranty Savings & Loan Association, Division 
         No. 94-1.
     Before: Sentelle, Presiding Judge, and Butzner and Fay, 
         Senior Circuit Judges.


       Upon consideration of the ``Ex Parte Motion for Approval of 
     Disclosure of Matters Occurring Before a Grand Jury'' filed 
     by Independent Counsel Kenneth W. Starr on July 2, 1998, the 
     Court finds that it is appropriate for the Independent 
     Counsel to convey the materials described in that motion to 
     the House of Representatives. Accordingly, it is
       ORDERED that the motion be granted. The Court hereby 
     authorizes the Independent Counsel to deliver to the House of 
     Representatives materials that the Independent Counsel 
     determines constitute information of the type described in 28 
     U.S.C. Sec. 595(c). This authorization constitutes an order 
     for purposes of Federal Rule of Criminal Procedure 
     6(e)(3)(C)(i) permitting disclosure of all grand jury 
     material that the independent counsel deems necessary to 
     comply with the requirements of Sec. 595(c). This order may 
     be disclosed as required in connection with the Independent 
     Counsel's compliance with his statutory mandate.
     Per Curiam
     For the Court:
       Mark J. Langer, Clerk
     Marilyn R. Sargent,
       Chief Deputy Clerk.