Collection Summary

Creator: Butzner, Jr., John D.
Title: The Papers of Judge John D. Butzner, Jr. 1986-1998
Accession: MSS 00-1
Description: 34 boxes plus a number of bound volumes; 18 linear feet
Location: SC - Basement
Photograph Collection: View 0 digitized photographs
Digitized Content: 0 objects

Collection Description & Arrangement

Judge Butzner donated his papers relating to the Office of Independent Counsel to the University of Virginia Law Library in the summer of 2000. The collection consists of 34 boxes plus a number of bound volumes (18 linear feet.) The files are organized alphabetically by case name and consist of extensive correspondence between the judges; memoranda, orders and opinions; reports of the independent counsel; applications for attorneys’ fees; and other related documents.  The correspondence between the judges reflects the workings of the panel, their method of selecting independent counsel, various revisions of the Ethics in Government Act of 1978, and the high costs of the investigations.

People or matters under investigation during this period included Bruce R. Babbitt, Secretary of the Interior; Ronald H. Brown, Secretary of Commerce; Lauro F. Cavazos; Henry Cisneros, Secretary of Housing and Urban Development; Michael D. Deaver, White House aide; Raymond J. Donovan, Secretary of Labor; Alphonse Michael (Mike) Espy, Secretary of Agriculture; Madison Guaranty Savings and Loan Association, better known as "Whitewater;" Janet G. Mullins, regarding the handling of President William Clinton's passport files; Franklyn L. Nofzinger and Edward Meese III; Oliver L. North in the Iran-Contra affair, Theodore B. Olson, Assistant Attorney General; and Samuel R. Pierce.

The largest case concerns Oliver L. North and the sale of arms to Iran. Included are files regarding President Ronald Reagan's and President George Bush's applications for attorney's fees resulting from that investigation. There is also extensive information on the case regarding Janet Mullins and the search of President William Clinton's passport files, and on the Madison Guaranty Savings and Loan case, better known as Whitewater, as well as the controversial appointment of Kenneth R. Starr to serve as independent counsel in that case.

The files are organized alphabetically by case name and consist of extensive correspondence between the judges; memoranda, orders and opinions; reports of the independent counsel; applications for attorneys' fee; and other related documents.

Biographical & Historical Information

Judge John Decker Butzner, Jr., born in Scranton, Pennsylvania in 1917, received a B.A. from the University of Scranton in 1938 and an LL.B. from the University of Virginia in 1941. After law school graduation he went into private practice in Fredericksburg for a brief time and then joined the U.S. Air Force in 1942. After the war he returned to his Fredericksburg practice where he remained until his 1958 appointment to the Judicial Circuit Court of Virginia.

In 1962 President John F. Kennedy appointed Butzner to the U.S. District Court of Eastern Virginia. Five years later President Lyndon B. Johnson appointed him to the U.S. Court of Appeals for the Fourth Circuit. Judge Butzner assumed senior status in 1982, and five years after that, Chief Justice William H. Rehnquist asked him to serve as a member of the Special Division of the U.S. Court of Appeals for the District of Columbia Circuit for the Purpose of Appealing Independent Counsel. Judge Butzner served for ten years in that post.

From 1988 to 1998 Judge Butzner worked and corresponded with Judges Wilbur F. Bell, Peter T. Fay, George E. MacKinnon, David B. Sentelle, and Joseph T. Sneed.

Acquisition Information

Date Received 2000
Donor Information Judge Butzner donated his papers relating to the Office of Independent Counsel to the University of Virginia Law Library in the summer of 2000.

Content List

Box 1:

  • Butzner’s appointment to the special division of the U.S. Court of Appeals for the District of Columbia Circuit for the purpose of appointing independent counsel 1988-1998. Correspondence between judges.
  • Candidates for Independent Counsel: A-Z 1992-1997. List and biographies; some correspondence.

Boxes 1-3

  • Correspondence between Judges Butzner, MacKinnon, Sneed, Sentelle, and Fay 1988-1990. The correspondence covers a range of matters including indictments, investigation procedures, revision of the Ethics in Government Act, attorney’s fee, etc.; some of this correspondence relates to the major cases. [9 folders].

Box 3:

  • [Independent Counsel]: Special Division's Powers to Define the Jurisdiction of the Independent Counsel. n.d., 1990.
  • In re Bruce Edward Babbit: application for appointment of independent counsel, 1997-1998. Memoranda and correspondence between judges; motions and orders.
  • In re Ronald H. Brown: appointment of independent counsel, 1995-1996 [4 folders]. Memoranda and correspondence between judges; motions and orders.
  • In re Ronald H. Brown: interview with Lt. Col. Cogswell, 1997. 12/11/97 video-cassette.

Box 4:

  • In re Ronald H. Brown: Lisa M. Brannock application for attorney's fees, 1996-1997. Memoranda between judges; orders.
  • In re Ronald H. Brown: Nolanda S. Hill application for attorney's fees, 1996-1997. Memoranda between judges; orders.
  • In re Ronald H. Brown: Kenneth C. White application for attorney's fees, 1996-1997. Memoranda between judges; orders.
  • In re Lauro Cavazos: appointment of independent counsel and final report, 1990-1992. Memoranda between judges; orders.
  • In re James William Cicconi: appointment of independent counsel, 1989-1990. Application for attorney's fees, memoranda and correspondence between judges; orders.

Box 5:

  • In re Henry Cisneros: appointment of independent counsel, 1994-1995 [4 folders]. Memoranda and correspondence between judges; orders.
  • In re T. Kenneth Cribb, Jr.: preliminary investigation, 1989. Order.

Boxes 6-7:

  • In re Michael K. Deaver: Report of independent counsel; Orders [2 folders]
  • In re Edward J. Derwinski: notification of initiation of of preliminary investigation, 1989.
  • In re Raymond J. Donovan: application for attorney's fees, 1987; Memoranda and correspondence between judges [4 folders]

Box 7:

  • In re Raymond J. Donovan: independent counsel's report, 1987.

Boxes 7-10:

  • In re Alphonse Michael (Mike) Espy: appointment of independent counsel, 1990-1999. Correspondence and memoranda between judges and independent counsel; pleadings, motions, orders [14 folders].

Box 10:

  • In re Albert Gore, Jr: notification of preliminary investigation, 1997-1998. Memoranda between judges; orders and motions.
  • In re F. Henry Habicht II: preliminary investigation, 1989. Order.
  • In re Alexis M. Herman: appointment of independent counsel, 1997-1998. Memoranda between judges; motions and orders.
  • In re Inslaw, Inc./Meese: memoranda, correspondence, reports of independent counsel; 1988-1992; Orders and opinions. [See also Edwin Meese III].

Boxes 11-12:

  • In re Madison Guaranty Savings and Loan Association (MGSLA) [Whitewater]: appointment of independent counsel, 1994-1998. Correspondence and memoranda between judges; correspondence between independent counsel and Justice Department; orders, notices, judicial complaints; [8 folders].

Box 12:

  • In re MGSLA: candidates for appointment of independent counsel in Whitewater investigation, 1994-1998. Correspondence between judges; miscellaneous correspondence; newspaper clippings; [2 folders].

Box 13:

  • In re MGSLA: Dow Jones & Co., Inc. petition to disclose report of independent counsel Robert B. Fiske, 1994. Orders, motions, memoranda and correspondence between judges.
  • In re MGSLA: Peter Heller correspondence, 1994-1998.
  • In re MGSLA: Referral to the U.S. House of Representatives Pursuant to Title 28, U.S. Code, §595(c) Submitted by the Office of Independent Counsel Kenneth W. Starr 1998, September 9.
  • In re MGSLA: release of report on the death of Vincent W. Foster, Jr. to public, 1997. Miscellaneous letters urging judges to release the report
  • In re MGSLA: report on the death of Vincent W. Foster, Jr., 1997 [3 folders].

Box 14:

  • In re MGSLA: reports of independent counsel Robert B. Fiske, Jr.--In Re Contacts between the White House and Treasury Regarding RTC's Investigation; 1994, October 6 [2 folders].
  • In re Edwin Meese III: application for attorney's fees, 1985-1989 [1 folder and 2 volumes]. Correspondence between judges; opinion; see also Nofzinger file.

Box 15:

  • In re Janet Mullins: appointment of independent counsel, 1992-1995. Memoranda and correspondence between judges; orders, motions, briefs; comments re final report of independent counsel. [3 folders]
  • [In re Janet Mullins]: Special Inquiry into the search and retrieval of William Clinton's Passport Files, 1992.

Boxes 16-17:

  • In re Janet Mullins: Final Report of Independent Counsel Joseph E. DiGenova, 1995 [3 folders].
  • In re Janet Mullins: Final Report of Independent Counsel Joseph E. DiGenova. Appendix, 1995 [3 folders].
  • In re Janet Mullins: Final Report of Independent Counsel Joseph E. DiGenova. Witness Directory, 1995.
  • In re Janet Mullins: Response of Steven K. Barry to Final Report of Independent Counsel Joseph E. DiGenova, 1995.
  • U.S. Court of Appeals for the District of Columbia Circuit. Final Report and Sealed Index of the Independent Counsel in re: Janet G. Mullins 1995, Nov. 30 [3 bound volumes on the shelf].

Box 18:

  • In re: Janet Mullins: application for attorney's fees, 1995-1996. Memoranda and correspondence between judges; opinion.
  • In re Janet Mullins: Memorandum of Points and Authorities in Support of Petition for Reimbursement of Attorney's Fees and Costs, 1995 [Bound volume].
  • In re Janet Mullins: Reply Memoranda of Janet. G. Mullins, 1996 [2 bound volumes].
  • In re Janet Mullins: Steven K. Berry application for attorney's fees, 1995-1996 [2 folders]. Memoranda and correspondence between judges, orders and opinions.
  • In re Janet Mullins: Elizabeth M. Tamposi application for attorney's fees, 1995. Orders and opinions.
  • In re Janet Mullins: Margaret DeB. Tutwiler application for attorney's fees, 1995 [2 folders]. Memoranda and correspondence between judges; orders and opinion.

Box 19:

  • In re Franklyn L. Nofzinger/Edwin Meese III: application for attorney's fees, 1988-1992. Memoranda and correspondence between judges; orders and opinions. [3 folders].

Box 20:

  • In re Oliver L. North: Walsh show-cause order, 1986-1993. Memoranda and letters between judges; pleadings and orders.
  • In re Oliver L. North: memoranda and letters between judges; copies of petitions and orders concerning access to the final report, 1988-1998 [3 folders].
  • In re Oliver L. North: Walsh's interim and financial reports to Congress, 1988-1993. Memoranda and letters between judges; petitions and orders. [2 folders].

Box 21:

  • In re Oliver L. North: Lawrence E. Walsh expenditures, 1989-1994.
  • In re Oliver L. North: motions, primarily from Ronald W. Reagan, Edwin Meese III, and North, concerning the release of the final report, 1988-1998 [3 folders].
  • In re Oliver L. North: Fourth Interim Report to Congress by Lawrence E. Walsh, Independent Counsel for Iran/Contra Matters; 1993, Feb. 8 [2 volumes].
  • In re Oliver L. North: Final Report of the Independent Counsel for the Iran/Contra Matters, 1993, Aug. 3 [4 volumes].

Box 22:

  • In re Oliver L. North: comments and responses on Final Report of Independent Counsel A-Z 1993, Dec. Comments from Edwin Meese III, Simon Peres, Colin L. Powell, Ronald W. Reagan, Casper W. Weinberger and others. [4 folders].

Box 23:

  • In re Oliver L. North: James L. Adkins application for reimbursement of attorney's fees 1994; 1988-1993. Memoranda, orders and opinion.
  • In re Oliver L. North: Richard L. Armitage application for attorney's fees, 1993-1995 Memoranda and orders. [2 folders].
  • In re Oliver L. North: George Bush application for attorney's fees, 1993-1995 [2 folders]. Memoranda and correspondence between judges; opinion.
  • In re Oliver L. North: George Cave application for attorney's fees, 1994-1995. Orders and opinion.
  • In re Oliver L. North: Edwin G. Corr application for attorney's fee, 1994-1995.

Box 24:

  • In re Oliver L. North: Robert C. Dutton application for attorney's fees 1993-1994 [2 folders]. Correspondence between judges; memoranda, opinions.
  • In re Oliver L. North: William Dwyer application for attorney's fees, 1994-1997. Memoranda and correspondence between judges.
  • In re Oliver L. North: Joseph F. Fernandez application for attorney's fees, 1994 [2 folders]. Memoranda and correspondence between judges; opinions.
  • In re Oliver L. North: Richard B. Gadd application for attorney's fees, 1992-1993. Correspondence between judges; opinions.

Box 25:

  • In re Oliver L. North: Norman H. Gardner, Jr. application for attorney's fees, 1993-1994. Memoranda and correspondence between judges; opinion. [2 folders].
  • In re Oliver L. North: H. Lawrence Garrett III application for attorney's fees, 1994-1995. Memoranda and correspondence between judges; opinion.
  • In re Oliver L. North: Clair E. George application for attorney's fees, 1994 [2 folders]. Memoranda and correspondence between judges; opinions.
  • In re Oliver L. North: Donald P. Gregg application for attorney's fees, 1994-1995. Memoranda and correspondence between judges; opinion and orders.
  • In re: Oliver L. North: William Haskell application for attorney's fees, 1995. Memoranda and opinion.

Box 26:

  • In re Oliver L. North: William G. Langton and Robert H. Mason application for attorney's fees, 1994. Memoranda and correspondence between judges; order and opinion.
  • In re Oliver L. North: Ambassador Nicholas Platt application for attorney's fees, 1994. Memoranda, order, and opinion.
  • [In re Oliver L. North]: Walter Raymond, Jr., Otto Reich and Glenn A. Robinette applications for attorney's fees, 1988-1992.
  • In re Oliver L. North: Ronald W. Reagan application for attorney's fees, 1993-1996. Memoranda and correspondence between judges; orders and opinions. [3 folders].

Box 27:

  • In re Oliver L. North: Donald T. Regan application for attorney's fees, 1995. Memoranda and correspondence between judges; opinion.
  • In re Oliver L. North: Vincent Shields and Jerry Gruner joint application for attorney's fees, 1994-1995. Memoranda and correspondence between judges; orders and opinions.
  • In re Oliver L. North: George P. Schultz application for attorney's fees, 1992. Memoranda and correspondence between judges; orders and opinions. [3 folders].

Boxes 27-28:

  • In re Oliver L. North: Howard R. Teicher application for attorney's fees, 1991-1995. Memoranda and correspondence between judges; orders and opinions; correspondence between attorneys and Department of Justice. [2 folders].

Box 28:

  • In re Oliver L. North: William G. Walker application for attorney's fees, 1995. Memoranda and opinion.
  • In re Oliver L. North: Samuel J. Watson application for attorney's fees, 1992-1993. Memoranda and correspondence between judges; order and opinion.

Boxes 28-29:

  • In re Theodore B. Olson: application for attorney's fees, 1998-1989. Memoranda and correspondence between judges; opinion.
  • In re Theodore B. Olson: motions and report of independent counsel, 1988. Memoranda and correspondence between judges; orders and opinions. [5 folders].

Box 30:

  • In re Theodore B. Olson: Affidavits and Exhibits in Support of Petition for Recovery of Attorney's Fees and Costs, 1988 [2 volumes].
  • In re Theodore B. Olson: Robert M. Perry application for attorney's fees, 1988. Memoranda and correspondence between judges.

Boxes 30-31:

  • In re Samuel Pierce, Jr.: appointments of independent counsels; IC financial statements and final report, 1996. Correspondence and memoranda between judges; notices, motions and orders; press releases. [6 folders].

Box 32:

  • In re Samuel Pierce, Jr.: Final Report of Independent Counsel; 1998, October 27 [3 volumes].
  • In re Samuel Pierce, Jr.: Petition for reimbursement of attorney's fees and costs, 1998 [1 volume].
  • In re Samuel Pierce: Ernest Olivas, Jr. application for attorney's fees, 1995-1998. Memoranda between judges.

Boxes 32-33:

  • In re Eli J. Segal: appointment of independent counsel, 1995-1997.Memoranda and correspondence between judges; motions and orders. [4 folders].
  • In re George T. Trent: preliminary investigation, 1997. Notifications; memoranda and correspondence between judges; termination of investigation.
  • In re Henk Visser: petition for appointment of special prosecutor, 1989-1990. Memoranda and correspondence between judges; orders. [3 folders].

Box 34:

  • In re Milton Lawrence Wallace: application for attorney's fees; report of independent counsel, 1987. Memoranda and correspondence between judges; opinion. [2 folders].
  • In re William F. Weld: preliminary investigation; order, 1988.
  • Memoranda and research material prepared by Butzner’s clerks, 1986-1998.
  • News stories re independent counsel and special judicial panel, 1997-1998.
  • Removing Conflicts from the Administration of Justice: Conflicts of Interest and Independent Counsels under the Ethics in Government Act . Georgetown Law Journal, Vol. 79, No. 1 1990 October.
  • Sixty-Seventh Judicial Conference of the Fourth Circuit: The Independent Counsel Process: Is It Broken and How Should It Be Fixed? Washington and Lee Law Review, Vol. 54, No. 4 1997 [2 copies].

 

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Papers of Judge John D. Butzner, Jr., 1986-1998, MSS-00-1, Box Number, University of Virginia School of Law Library Special Collections.

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