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MSS 00-1

Inventory of the Papers of Judge John D. Butzner, Jr.

Overview

Judge John D. Butzner, Jr. papers (1986-1998) document his service on the Special Division of the U.S. Court of Appeals for the District of Columbia Circuit for the Purpose of Appointing Independent Counsel. These files primarily reflect the panel's supervision of counsels' work, and contain correspondence regarding selection of counsel and costs of investigations.

Language
English
Dates
1986-1998 [Inclusive]
Extents
14 Cubic Feet (34 archival boxes)

Scope & Contents

The collection reflects ten years of Butzner work as member of the special division of the U.S. Court of Appeals for the District of Columbia for the purpose of appointing independent counsels.

The files consist of extensive correspondence between the judges, memoranda, orders and opinions, reports, applications for attorneys fees and other relating documents. The correspondence reflects the workings of their panels, the method of selecting independent counsel, various revisions of the Ethics in Government Act of 1978, and the high costs of the investigations.

The judges members of the this special division were: Judge George E. MacKinnon, Judge Wilbur F. Bell, Judge David B. Sentelle, Judge Joseph T. Sneed, Judge Peter T. Fay.

There is correspondence with attorneys generals Dick Thornbugh and Janet Reno; and files about the appointments of independent counsels: Carol Elder Bruce, Daniel S. Pearson, Dan K. Webb, David M. Barrett, Whitney North Seymor, Donald C. Smaltz, James C. McKay, Arlin M. Adams, Lawrence Walsh, Joseph DiGenova, Kenneth R. Starr, and others.

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.

Collection Description

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    Physical Description

    The collection consists of 34 boxes plus a number of bound volumes (18 linear feet).<extent>1 arbitrary_unit</extent>

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    Conditions Governing Access

    There are no restrictions.

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    Conditions Governing Use

    There are no restrictions.

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    Preferred Citation

    Inventory of the Papers of Judge John D. Butzner, Jr., 1986-1998, MSS-00-1, University of Virginia Law Library, Charlottesville, VA 22903

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    Immediate Source of Acquisition

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

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    Biographical / Historical

    Judge John Decker Butzner, Jr., was born in Scranton, Pennsylvania, in 1917. He 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. He also had some correspondence with Attorneys General Dick Thornburgh and Janet Reno. Independent counsels serving during this time include Arlin M. Adams, David M. Barrett, Carol Elder Bruce, Joseph DiGenova, James C. McKay, Daniel S. Pearson, Whitney North Seymour, Jr., Donald C. Smaltz, Kenneth R. Starr, Lawrence Walsh, and Dan K. Webb.

    Judge John Decker died January 20, 2006, at the age of 88.

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    Arrangement

    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.

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fileButzner’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. Correspondence between judges, 1988-1998MSS 00-1, Box 1
fileCandidates for Independent Counsel: A-Z. List and biographies; some correspondence, 1992-1997MSS 00-1, Box 1
fileCorrespondence 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 thiMSS 00-1, Box 1
file[Independent Counsel]: Special Division's Powers to Define the Jurisdiction of the Independent Counsel, n.d., 1990MSS 00-1, Box 3
fileIn re Bruce Edward Babbit: application for appointment of independent counsel, Memoranda and correspondence between judges; motions and orders, 1997-1998MSS 00-1, Box 3
fileIn re Ronald H. Brown: appointment of independent counsel.Memoranda and correspondence between judges; motions and orders., 1995-1996MSS 00-1, Box 3
fileIn re Ronald H. Brown: interview with Lt. Col. Cogswell, 12/11/97 video-cassette., 1997MSS 00-1, Box 3
fileIn re Ronald H. Brown: Lisa M. Brannock application for attorney's fees, Memoranda between judges; orders, 1996-1997MSS 00-1, Box 4
fileIn re Ronald H. Brown: Nolanda S. Hill application for attorney's fees, Memoranda between judges; orders, 1996-1997MSS 00-1, Box 4
fileIn re Ronald H. Brown: Kenneth C. White application for attorney's fees, Memoranda between judges; orders, 1996-1997MSS 00-1, Box 4
fileIn re Lauro Cavazos: appointment of independent counsel and final report, Memoranda between judges; orders, 1990-1992MSS 00-1, Box 4
fileIn re James William Cicconi: appointment of independent counsel, Application for attorney's fees, memoranda and correspondence between judges; orders, 1989-1990MSS 00-1, Box 4
fileIn re Henry Cisneros: appointment of independent counsel, Memoranda and correspondence between judges; orders, 1994-1995MSS 00-1, Box 5
fileIn re T. Kenneth Cribb, Jr.: preliminary investigation, Order, 1989MSS 00-1, Box 5
fileIn re Michael K. Deaver: Report of independent counsel; OrdersMSS 00-1, Box 6
fileIn re Edward J. Derwinski: notification of initiation of of preliminary investigation, 1989MSS 00-1, Box 6
fileIn re Raymond J. Donovan: application for attorney's fees; Memoranda and correspondence between judges, 1987MSS 00-1, Box 6
fileIn re Raymond J. Donovan: independent counsel's report, 1987MSS 00-1, Box 7
fileIn re Alphonse Michael (Mike) Espy: appointment of independent counsel, Correspondence and memoranda between judges and independent counsel; pleadings, motions, orders, 1990-1999MSS 00-1, Box 7
fileIn re Albert Gore, Jr: notification of preliminary investigation, Memoranda between judges; orders and motions, 1997-1998MSS 00-1, Box 10
fileIn re F. Henry Habicht II: preliminary investigation, Order, 1989MSS 00-1, Box 10
fileIn re Alexis M. Herman: appointment of independent counsel, Memoranda between judges; motions and orders, 1997-1998MSS 00-1, Box 10
fileIn re Inslaw, Inc./Meese: memoranda, correspondence, reports of independent counsel; Orders and opinions. [See also Edwin Meese III], 1988-1992MSS 00-1, Box 10
fileIn re Madison Guaranty Savings and Loan Association (MGSLA) [Whitewater]: appointment of independent counsel, Correspondence and memoranda between judges; correspondence between independent counsel and Justice Department; orders, notices, judicial complaiMSS 00-1, Box 11
fileIn re MGSLA: candidates for appointment of independent counsel in Whitewater investigation, Correspondence between judges; miscellaneous correspondence; newspaper clippings, 1994-1998MSS 00-1, Box 12
fileIn re MGSLA: Dow Jones & Co., Inc. petition to disclose report of independent counsel Robert B. Fiske, Orders, motions, memoranda and correspondence between judges, 1994MSS 00-1, Box 13
fileIn re MGSLA: Peter Heller correspondence, 1994-1998MSS 00-1, Box 13
fileIn 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 9MSS 00-1, Box 13
fileIn re MGSLA: release of report on the death of Vincent W. Foster, Jr. to public, Miscellaneous letters urging judges to release the report, 1997MSS 00-1, Box 13
fileIn re MGSLA: report on the death of Vincent W. Foster, Jr, 1997MSS 00-1, Box 13
fileIn 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 6MSS 00-1, Box 14
fileIn re Edwin Meese III: application for attorney's fees, [1 folder and 2 volumes]. Correspondence between judges; opinion; see also Nofzinger file, 1985-1989MSS 00-1, Box 14
fileIn re Janet Mullins: appointment of independent counsel, Memoranda and correspondence between judges; orders, motions, briefs; comments re final report of independent counsel, 1992-1995MSS 00-1, Box 15
file[In re Janet Mullins]: Special Inquiry into the search and retrieval of William Clinton's Passport Files, 1992MSS 00-1, Box 15
fileIn re Janet Mullins: Final Report of Independent Counsel Joseph E. DiGenova, 1995MSS 00-1, Box 16
fileIn re Janet Mullins: Final Report of Independent Counsel Joseph E. DiGenova. Appendix, 1995MSS 00-1, Box 16
fileIn re Janet Mullins: Final Report of Independent Counsel Joseph E. DiGenova. Witness Directory, 1995MSS 00-1, Box 16
fileIn re Janet Mullins: Response of Steven K. Barry to Final Report of Independent Counsel Joseph E. DiGenova, 1995MSS 00-1, Box 16
fileU.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. 30MSS 00-1, Box 16
fileIn re: Janet Mullins: application for attorney's fees, Memoranda and correspondence between judges; opinion., 1995-1996MSS 00-1, Box 18
fileIn re Janet Mullins: Memorandum of Points and Authorities in Support of Petition for Reimbursement of Attorney's Fees and Costs, 1995MSS 00-1, Box 18
fileIn re Janet Mullins: Reply Memoranda of Janet. G. Mullins, 1996MSS 00-1, Box 18
fileIn re Janet Mullins: Steven K. Berry application for attorney's fees, Memoranda and correspondence between judges, orders and opinions, 1995-1996MSS 00-1, Box 18
fileIn re Janet Mullins: Elizabeth M. Tamposi application for attorney's fees, Orders and opinions, 1995MSS 00-1, Box 18
fileIn re Janet Mullins: Margaret DeB. Tutwiler application for attorney's fees, Memoranda and correspondence between judges; orders and opinion, 1995MSS 00-1, Box 18
fileIn re Franklyn L. Nofzinger/Edwin Meese III: application for attorney's fees, Memoranda and correspondence between judges; orders and opinions, 1988-1992MSS 00-1, Box 19
fileIn re Oliver L. North: Walsh show-cause order, Memoranda and letters between judges; pleadings and orders, 1986-1993MSS 00-1, Box 20
fileIn re Oliver L. North: memoranda and letters between judges; copies of petitions and orders concerning access to the final report, 1988-1998MSS 00-1, Box 20
fileIn re Oliver L. North: Walsh's interim and financial reports to Congress, Memoranda and letters between judges; petitions and orders, 1988-1993MSS 00-1, Box 20
fileIn re Oliver L. North: Lawrence E. Walsh expenditures, 1989-1994MSS 00-1, Box 21
fileIn re Oliver L. North: motions, primarily from Ronald W. Reagan, Edwin Meese III, and North, concerning the release of the final report, 1988-1998MSS 00-1, Box 21
fileIn re Oliver L. North: Fourth Interim Report to Congress by Lawrence E. Walsh, Independent Counsel for Iran/Contra Matters, 1993, Feb. 8MSS 00-1, Box 21
fileIn re Oliver L. North: Final Report of the Independent Counsel for the Iran/Contra Matters, 1993, Aug. 3MSS 00-1, Box 21
fileIn re Oliver L. North: comments and responses on Final Report of Independent Counsel A-Z, Dec. Comments from Edwin Meese III, Simon Peres, Colin L. Powell, Ronald W. Reagan, Casper W. Weinberger and others, 1993, Dec.MSS 00-1, Box 22
fileIn re Oliver L. North: James L. Adkins application for reimbursement of attorney's fees; Memoranda, orders and opinion, 1994; 1988-1993MSS 00-1, Box 23
fileIn re Oliver L. North: Richard L. Armitage application for attorney's fees, Memoranda and orders., 1993-1995MSS 00-1, Box 23
fileIn re Oliver L. North: George Bush application for attorney's fees, Memoranda and correspondence between judges; opinion, 1993-1995MSS 00-1, Box 23
fileIn re Oliver L. North: George Cave application for attorney's fees, Orders and opinion, 1994-1995MSS 00-1, Box 23
fileIn re Oliver L. North: Edwin G. Corr application for attorney's fee, 1994-1995MSS 00-1, Box 23
fileIn re Oliver L. North: Robert C. Dutton application for attorney's fees. Correspondence between judges; memoranda, opinions, 1993-1994MSS 00-1, Box 24
fileIn re Oliver L. North: William Dwyer application for attorney's fees, Memoranda and correspondence between judges, 1994-1997MSS 00-1, Box 24
fileIn re Oliver L. North: Joseph F. Fernandez application for attorney's fees, Memoranda and correspondence between judges; opinions, 1994MSS 00-1, Box 24
fileIn re Oliver L. North: Richard B. Gadd application for attorney's fees, Correspondence between judges; opinions, 1992-1993MSS 00-1, Box 24
fileIn re Oliver L. North: Norman H. Gardner, Jr. application for attorney's fees, Memoranda and correspondence between judges; opinion, 1993-1994MSS 00-1, Box 25
fileIn re Oliver L. North: H. Lawrence Garrett III application for attorney's fees, Memoranda and correspondence between judges; opinion, 1994-1995MSS 00-1, Box 25
fileIn re Oliver L. North: Clair E. George application for attorney's fees, Memoranda and correspondence between judges; opinions, 1994MSS 00-1, Box 25
fileIn re Oliver L. North: Donald P. Gregg application for attorney's fees, Memoranda and correspondence between judges; opinion and orders, 1994-1995MSS 00-1, Box 25
fileIn re: Oliver L. North: William Haskell application for attorney's fees, Memoranda and opinion, 1995MSS 00-1, Box 25
fileIn re Oliver L. North: William G. Langton and Robert H. Mason application for attorney's fees. Memoranda and correspondence between judges; order and opinion, 1994MSS 00-1, Box 26
fileIn re Oliver L. North: Ambassador Nicholas Platt application for attorney's fees, Memoranda, order, and opinion, 1994MSS 00-1, Box 26
file[In re Oliver L. North]: Walter Raymond, Jr., Otto Reich and Glenn A. Robinette applications for attorney's fees, 1988-1992MSS 00-1, Box 26
fileIn re Oliver L. North: Ronald W. Reagan application for attorney's fees, Memoranda and correspondence between judges; orders and opinions, 1993-1996MSS 00-1, Box 26
fileIn re Oliver L. North: Donald T. Regan application for attorney's fees, Memoranda and correspondence between judges; opinion, 1995MSS 00-1, Box 27
fileIn re Oliver L. North: Vincent Shields and Jerry Gruner joint application for attorney's fees, Memoranda and correspondence between judges; orders and opinions, 1994-1995MSS 00-1, Box 27
fileIn re Oliver L. North: George P. Schultz application for attorney's fees, Memoranda and correspondence between judges; orders and opinions, 1992MSS 00-1, Box 27
fileIn re Oliver L. North: Howard R. Teicher application for attorney's fees, Memoranda and correspondence between judges; orders and opinions; correspondence between attorneys and Department of Justice, 1991-1995MSS 00-1, Box 27
fileIn re Oliver L. North: William G. Walker application for attorney's fees, Memoranda and opinion, 1995MSS 00-1, Box 28
fileIn re Oliver L. North: Samuel J. Watson application for attorney's fees, Memoranda and correspondence between judges; order and opinion, 1992-1993MSS 00-1, Box 28
fileIn re Theodore B. Olson: application for attorney's fees, Memoranda and correspondence between judges; opinion, 1988-1989MSS 00-1, Box 28
fileIn re Theodore B. Olson: motions and report of independent counsel, Memoranda and correspondence between judges; orders and opinions, 1988MSS 00-1, Box 28
fileIn re Theodore B. Olson: Affidavits and Exhibits in Support of Petition for Recovery of Attorney's Fees and Costs, 1988MSS 00-1, Box 30
fileIn re Theodore B. Olson: Robert M. Perry application for attorney's fees, Memoranda and correspondence between judges, 1988MSS 00-1, Box 30
fileIn re Samuel Pierce, Jr.: appointments of independent counsels; IC financial statements and final report. Correspondence and memoranda between judges; notices, motions and orders; press releases, 1996MSS 00-1, Box 30
fileIn re Samuel Pierce, Jr.: Final Report of Independent Counsel, 1998 October 27MSS 00-1, Box 32
fileIn re Samuel Pierce, Jr.: Petition for reimbursement of attorney's fees and costs, 1998MSS 00-1, Box 32
fileIn re Samuel Pierce: Ernest Olivas, Jr. application for attorney's fees, Memoranda between judges, 1995-1998MSS 00-1, Box 32
fileIn re Eli J. Segal: appointment of independent counsel, Memoranda and correspondence between judges; motions and orders, 1995-1997MSS 00-1, Box 32
fileIn re George T. Trent: preliminary investigation, 1997. Notifications; memoranda and correspondence between judges; termination of investigation, 1997MSS 00-1, Box 32
fileIn re Henk Visser: petition for appointment of special prosecutor, Memoranda and correspondence between judges; orders, 1989-1990MSS 00-1, Box 32
fileIn re Milton Lawrence Wallace: application for attorney's fees; report of independent counsel, 1987MSS 00-1, Box 34
fileIn re William F. Weld: preliminary investigation; order, 1988MSS 00-1, Box 34
fileMemoranda and research material prepared by Butzner’s clerks, 1986-1998MSS 00-1, Box 34
fileNews stories re independent counsel and special judicial panel, 1997-1998MSS 00-1, Box 34
fileRemoving 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 OctoberMSS 00-1, Box 34
fileSixty-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 , 1997MSS 00-1, Box 34
English