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.
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.
| 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, 1988-1998 | MSS 00-1, Box 1 |
| fileCandidates for Independent Counsel: A-Z. List and biographies; some correspondence, 1992-1997 | MSS 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 thi | MSS 00-1, Box 1 |
| file[Independent Counsel]: Special Division's Powers to Define the Jurisdiction of the Independent Counsel, n.d., 1990 | MSS 00-1, Box 3 |
| fileIn re Bruce Edward Babbit: application for appointment of independent counsel, Memoranda and correspondence between judges; motions and orders, 1997-1998 | MSS 00-1, Box 3 |
| fileIn re Ronald H. Brown: appointment of independent counsel.Memoranda and correspondence between judges; motions and orders., 1995-1996 | MSS 00-1, Box 3 |
| fileIn re Ronald H. Brown: interview with Lt. Col. Cogswell, 12/11/97 video-cassette., 1997 | MSS 00-1, Box 3 |
| fileIn re Ronald H. Brown: Lisa M. Brannock application for attorney's fees, Memoranda between judges; orders, 1996-1997 | MSS 00-1, Box 4 |
| fileIn re Ronald H. Brown: Nolanda S. Hill application for attorney's fees, Memoranda between judges; orders, 1996-1997 | MSS 00-1, Box 4 |
| fileIn re Ronald H. Brown: Kenneth C. White application for attorney's fees, Memoranda between judges; orders, 1996-1997 | MSS 00-1, Box 4 |
| fileIn re Lauro Cavazos: appointment of independent counsel and final report, Memoranda between judges; orders, 1990-1992 | MSS 00-1, Box 4 |
| fileIn re James William Cicconi: appointment of independent counsel, Application for attorney's fees, memoranda and correspondence between judges; orders, 1989-1990 | MSS 00-1, Box 4 |
| fileIn re Henry Cisneros: appointment of independent counsel, Memoranda and correspondence between judges; orders, 1994-1995 | MSS 00-1, Box 5 |
| fileIn re T. Kenneth Cribb, Jr.: preliminary investigation, Order, 1989 | MSS 00-1, Box 5 |
| fileIn re Michael K. Deaver: Report of independent counsel; Orders | MSS 00-1, Box 6 |
| fileIn re Edward J. Derwinski: notification of initiation of of preliminary investigation, 1989 | MSS 00-1, Box 6 |
| fileIn re Raymond J. Donovan: application for attorney's fees; Memoranda and correspondence between judges, 1987 | MSS 00-1, Box 6 |
| fileIn re Raymond J. Donovan: independent counsel's report, 1987 | MSS 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, 1990-1999 | MSS 00-1, Box 7 |
| fileIn re Albert Gore, Jr: notification of preliminary investigation, Memoranda between judges; orders and motions, 1997-1998 | MSS 00-1, Box 10 |
| fileIn re F. Henry Habicht II: preliminary investigation, Order, 1989 | MSS 00-1, Box 10 |
| fileIn re Alexis M. Herman: appointment of independent counsel, Memoranda between judges; motions and orders, 1997-1998 | MSS 00-1, Box 10 |
| fileIn re Inslaw, Inc./Meese: memoranda, correspondence, reports of independent counsel; Orders and opinions. [See also Edwin Meese III], 1988-1992 | MSS 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 complai | MSS 00-1, Box 11 |
| fileIn re MGSLA: candidates for appointment of independent counsel in Whitewater investigation, Correspondence between judges; miscellaneous correspondence; newspaper clippings, 1994-1998 | MSS 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, 1994 | MSS 00-1, Box 13 |
| fileIn re MGSLA: Peter Heller correspondence, 1994-1998 | MSS 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 9 | MSS 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, 1997 | MSS 00-1, Box 13 |
| fileIn re MGSLA: report on the death of Vincent W. Foster, Jr, 1997 | MSS 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 6 | MSS 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, 1985-1989 | MSS 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, 1992-1995 | MSS 00-1, Box 15 |
| file[In re Janet Mullins]: Special Inquiry into the search and retrieval of William Clinton's Passport Files, 1992 | MSS 00-1, Box 15 |
| fileIn re Janet Mullins: Final Report of Independent Counsel Joseph E. DiGenova, 1995 | MSS 00-1, Box 16 |
| fileIn re Janet Mullins: Final Report of Independent Counsel Joseph E. DiGenova. Appendix, 1995 | MSS 00-1, Box 16 |
| fileIn re Janet Mullins: Final Report of Independent Counsel Joseph E. DiGenova. Witness Directory, 1995 | MSS 00-1, Box 16 |
| fileIn re Janet Mullins: Response of Steven K. Barry to Final Report of Independent Counsel Joseph E. DiGenova, 1995 | MSS 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. 30 | MSS 00-1, Box 16 |
| fileIn re: Janet Mullins: application for attorney's fees, Memoranda and correspondence between judges; opinion., 1995-1996 | MSS 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, 1995 | MSS 00-1, Box 18 |
| fileIn re Janet Mullins: Reply Memoranda of Janet. G. Mullins, 1996 | MSS 00-1, Box 18 |
| fileIn re Janet Mullins: Steven K. Berry application for attorney's fees, Memoranda and correspondence between judges, orders and opinions, 1995-1996 | MSS 00-1, Box 18 |
| fileIn re Janet Mullins: Elizabeth M. Tamposi application for attorney's fees, Orders and opinions, 1995 | MSS 00-1, Box 18 |
| fileIn re Janet Mullins: Margaret DeB. Tutwiler application for attorney's fees, Memoranda and correspondence between judges; orders and opinion, 1995 | MSS 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, 1988-1992 | MSS 00-1, Box 19 |
| fileIn re Oliver L. North: Walsh show-cause order, Memoranda and letters between judges; pleadings and orders, 1986-1993 | MSS 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, 1988-1998 | MSS 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, 1988-1993 | MSS 00-1, Box 20 |
| fileIn re Oliver L. North: Lawrence E. Walsh expenditures, 1989-1994 | MSS 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, 1988-1998 | MSS 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. 8 | MSS 00-1, Box 21 |
| fileIn re Oliver L. North: Final Report of the Independent Counsel for the Iran/Contra Matters, 1993, Aug. 3 | MSS 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; 1988-1993 | MSS 00-1, Box 23 |
| fileIn re Oliver L. North: Richard L. Armitage application for attorney's fees, Memoranda and orders., 1993-1995 | MSS 00-1, Box 23 |
| fileIn re Oliver L. North: George Bush application for attorney's fees, Memoranda and correspondence between judges; opinion, 1993-1995 | MSS 00-1, Box 23 |
| fileIn re Oliver L. North: George Cave application for attorney's fees, Orders and opinion, 1994-1995 | MSS 00-1, Box 23 |
| fileIn re Oliver L. North: Edwin G. Corr application for attorney's fee, 1994-1995 | MSS 00-1, Box 23 |
| fileIn re Oliver L. North: Robert C. Dutton application for attorney's fees. Correspondence between judges; memoranda, opinions, 1993-1994 | MSS 00-1, Box 24 |
| fileIn re Oliver L. North: William Dwyer application for attorney's fees, Memoranda and correspondence between judges, 1994-1997 | MSS 00-1, Box 24 |
| fileIn re Oliver L. North: Joseph F. Fernandez application for attorney's fees, Memoranda and correspondence between judges; opinions, 1994 | MSS 00-1, Box 24 |
| fileIn re Oliver L. North: Richard B. Gadd application for attorney's fees, Correspondence between judges; opinions, 1992-1993 | MSS 00-1, Box 24 |
| fileIn re Oliver L. North: Norman H. Gardner, Jr. application for attorney's fees, Memoranda and correspondence between judges; opinion, 1993-1994 | MSS 00-1, Box 25 |
| fileIn re Oliver L. North: H. Lawrence Garrett III application for attorney's fees, Memoranda and correspondence between judges; opinion, 1994-1995 | MSS 00-1, Box 25 |
| fileIn re Oliver L. North: Clair E. George application for attorney's fees, Memoranda and correspondence between judges; opinions, 1994 | MSS 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, 1994-1995 | MSS 00-1, Box 25 |
| fileIn re: Oliver L. North: William Haskell application for attorney's fees, Memoranda and opinion, 1995 | MSS 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, 1994 | MSS 00-1, Box 26 |
| fileIn re Oliver L. North: Ambassador Nicholas Platt application for attorney's fees, Memoranda, order, and opinion, 1994 | MSS 00-1, Box 26 |
| file[In re Oliver L. North]: Walter Raymond, Jr., Otto Reich and Glenn A. Robinette applications for attorney's fees, 1988-1992 | MSS 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, 1993-1996 | MSS 00-1, Box 26 |
| fileIn re Oliver L. North: Donald T. Regan application for attorney's fees, Memoranda and correspondence between judges; opinion, 1995 | MSS 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, 1994-1995 | MSS 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, 1992 | MSS 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, 1991-1995 | MSS 00-1, Box 27 |
| fileIn re Oliver L. North: William G. Walker application for attorney's fees, Memoranda and opinion, 1995 | MSS 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, 1992-1993 | MSS 00-1, Box 28 |
| fileIn re Theodore B. Olson: application for attorney's fees, Memoranda and correspondence between judges; opinion, 1988-1989 | MSS 00-1, Box 28 |
| fileIn re Theodore B. Olson: motions and report of independent counsel, Memoranda and correspondence between judges; orders and opinions, 1988 | MSS 00-1, Box 28 |
| fileIn re Theodore B. Olson: Affidavits and Exhibits in Support of Petition for Recovery of Attorney's Fees and Costs, 1988 | MSS 00-1, Box 30 |
| fileIn re Theodore B. Olson: Robert M. Perry application for attorney's fees, Memoranda and correspondence between judges, 1988 | MSS 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, 1996 | MSS 00-1, Box 30 |
| fileIn re Samuel Pierce, Jr.: Final Report of Independent Counsel, 1998 October 27 | MSS 00-1, Box 32 |
| fileIn re Samuel Pierce, Jr.: Petition for reimbursement of attorney's fees and costs, 1998 | MSS 00-1, Box 32 |
| fileIn re Samuel Pierce: Ernest Olivas, Jr. application for attorney's fees, Memoranda between judges, 1995-1998 | MSS 00-1, Box 32 |
| fileIn re Eli J. Segal: appointment of independent counsel, Memoranda and correspondence between judges; motions and orders, 1995-1997 | MSS 00-1, Box 32 |
| fileIn re George T. Trent: preliminary investigation, 1997. Notifications; memoranda and correspondence between judges; termination of investigation, 1997 | MSS 00-1, Box 32 |
| fileIn re Henk Visser: petition for appointment of special prosecutor, Memoranda and correspondence between judges; orders, 1989-1990 | MSS 00-1, Box 32 |
| fileIn re Milton Lawrence Wallace: application for attorney's fees; report of independent counsel, 1987 | MSS 00-1, Box 34 |
| fileIn re William F. Weld: preliminary investigation; order, 1988 | MSS 00-1, Box 34 |
| fileMemoranda and research material prepared by Butzner’s clerks, 1986-1998 | MSS 00-1, Box 34 |
| fileNews stories re independent counsel and special judicial panel, 1997-1998 | MSS 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 October | MSS 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 , 1997 | MSS 00-1, Box 34 |