APPENDIX A DOCUMENTS RELATING TO UNITED STATES V. CLAIBORNE⭑ 1. Order for Disclosure of Return and Taxpayer Return Information, In Re: Application of the Department of Justice for an Order Under 26 U.S.C. 6103, Case No. Misc. 82-91 (D. Ore., filed Feb. 21, 1983) (Hoffman, J.) (signed Sept. 22, 1982) (relating to taxpayer return information of Harry Eugene Claiborne). 2. Docket Sheets, U.S. v. Claiborne, Cr. No. CR-R-83-57-WEH, Dec. 8, 1983 through June 23, 1986. 3. Indictment, U.S. v. Claiborne, Cr. No. CR-R-83-57-WEH, filed Dec. 8, 1983 (seven-count indictment). 4. Order (relating to pretrial motions, schedule, and bond), U.S. v. Claiborne, (Hoffman, J.) (filed Dec. 21, 1983). 5. Order (denying defendant's motion to extend time in which to file pretrial motions, and setting date-June 9, 1984-for hearing on motion for change of trial and pretrial hearing sites), U.S. v. Claiborne, (Hoffman, J.) (signed Dec. 27, 1983). 6. Order (relating to defendant's motion to extend time in which to file motions, and motion for change of trial and pretrial hearing sites), U.S. v. Claiborne, (amending order of Dec. 27, 1983) (Hoffman, J.) (signed Dec. 28, 1983). 7. Order (denying defendant's motion to quash indictment and dismiss proceedings: violation of judicial independence and separation of powers), U.S. v. Claiborne, (Hoffman, J.) (entered Jan. 11, 1984). 8. Order (granting government's oral motion for protective order), U.S. v. Claiborne, (Hoffman, J.) (entered Jan. 20, 1984). 9. Amended Order (amending the order of Jan. 11, 1984, relating to defendant's motion to quash indictment and dismiss proceedings, and to the government's request for clarification of the order, and continuing the trial date to March 12, 1984), U.S. v. Claiborne, (Hoffman, J.) (entered Feb. 8, 1984). 10. Order (relating to government's motion for reciprocal discovery and defendant's response), U.S. v. Claiborne, (Hoffman, J.) (signed Feb. 13, 1984). 11. U.S. v. Claiborne, No. 84-1009 (9th Cir., filed Feb. 13, 1984) (order of special panel, directing government to file a response to appellant's emergency motion for a stay and application for a writ of prohibition by Feb. 17, 1984) (Gibson, Garth, and Kennedy, Circuit Judges). 12. Order (relating to procedures for depositions and witnesses), U.S. v. Claiborne, (Hoffman, J.) (filed Feb. 17, 1984). Unless otherwise indicated, the documents are in the case of United States of America v. Harry Eugene Clairborne, Cr. No. CR-R-83-57-WEH, in the United States District Court for the District of Nevada. Unless otherwise indicated, the documents-e.g., orders-are unpublished. (27) 28 13. Order (denying motion to disqualify the special prosecutor; denying motion to dismiss for grand jury abuse, to discover grand jury materials, to interview grand jurors, and for evidentiary hearing, but ordering the sealing of certain grand jury transcripts and conditioning the order on the court's en camera review of the proceedings before the Oregon grand jury; denying motion to dismiss Counts IV, V, and VI of the indictment for leaks to IRS by government sources; and for additional discovery), U.S. v. Claiborne, (Hoffman, J.) (filed Feb. 17, 1984). 14. U.S. v. Claiborne, 727 F.2d 842 (9th Cir. 1984) (Gibson, Garth, and Kennedy, Circuit Judges) (affirming district court's order denying defendant's motion to quash indictment; denying petitions for writs of mandamus and prohibition; and denying as moot renewed motion for a stay) (holding Constitution does not immunize federal judge from criminal prosecution prior to his impeachment) (March 5, 1984). 15. Order (directing defendant to deliver forthwith to FBI material required under Rule 16(b)(1)(A) and (B), Fed. R. Crim. P.; ordering that material not so produced may not be introduced in defendant's case-in-chief; and ordering the U.S. to supplement its disclosure of evidence by March 9, 1984), U.S. v. Claiborne, (Hoffman, J.) (signed March 7, 1984). 16. Claiborne v. U.S. [No. A-725], 465 U.S. 1305 (1984) (Opinion in Chambers of Justice Rehnquist, denying application for stay of proceedings pending Supreme Court consideration of 9th Circuit decision of March 5, 1984) (March 12, 1984). 17. Claiborne v. U.S. [No. A-725], 465 U.S. 1092 (1984), (Miscellaneous Order denying application to stay proceedings in U.S. District Court for the District of Nevada) (White, J.) (March 14, 1984). 18. Minutes of the Court, March 12, 1984, U.S. v. Claiborne (Hoffman, J.) (filed March 30, 1984). 19. Order (granting government's motion for re-entry of matters on the record), U.S. v. Claiborne (Hoffman, J.) (filed March 13, 1984). 20. U.S. v. Claiborne, No. 84-7175 (9th Cir., filed March 14, 1984) (order of special panel directing government to file a response to petition for emergency writ of mandamus by March 16, 1984) (Gibson, Garth and Kennedy, Circuit Judges). 21. U.S. v. Claiborne, No. 84-7175 (9th Cir., filed March 19, 1984) (order denying the emergency petition for a writ of mandamus) (Gibson, Garth, and Kennedy, Circuit Judges). 22. Transcript of First Trial and Other Proceeding, U.S. v. Claiborne, Cr. No. CR-R-83-57-WEH (D. Nevada) Volumes I through XVI, pages 1-3793 (March 15, 16, 19-23, 26-30, April 2-7, 9, 11-13), and Government and Defense Exhibits. 23. Memorandum (relating to Oregon grand juries, FBI agents, special prosecutor, and subponea, and holding there was no prejudice to the defendant), U.S. v. Claiborne (Hoffman, J.) (signed March 27, 1984). 24. Minutes of the Court, April 4, 5, and 6, 1984, U.S. v. Claiborne (Hoffman, J.) (filed April 9, 1984). 25. Minutes of the Court, April 13, 1984, U.S. v. Claiborne (Hoffman, J.) (filed April 13, 1984). 29 26. Order (setting schedule for retrial after mistrial and ordering retrial to commence on July 31, 1984, ordering that jury be sequestered and that court convene on Saturdays) U.S. v. Claiborne (Hoffman, J.) (filed April 13, 1984). 27. Order (denying defendant's motion for judicial recusal), U.S. v. Claiborne (Hoffman, J.) (signed April 27, 1984, erroneously dated "1983"). 28. Order (relating to procedures for retrial including use of exhibits, tests and witnesses, and disclosure of certain "statements" to defendant) U.S. v. Claiborne (Hoffman, J.) (signed May 3, 1984). 29. Order (relating to jurors), U.S. v. Claiborne (Hoffman, J.) (filed May 7, 1984). 30. Order (relating to defendant's motion for judicial recusal and to government's motion for temporary release of defense exhibit), U.S. v. Claiborne (Hoffman, J.) (filed May 21, 1984). 31. Order (relating to sequestration of the jury), U.S. v. Claiborne (Hoffman, J.) (filed June 11, 1984). 32. Memorandum and Order on Defendant's Exhibit No. 47 (granting the government's motion for temporary release of defendant's exhibit No. 47 for examination and necessary testing, but allowing defendant to make a copy of it and to have a representative present at the examination or tests and to be promptly informed of results), U.S. v. Claiborne (Hoffman, J.) (filed June 8, 1984). 33. Order (denying defendant's motion for continuance of the scheduled trial date of July 31, 1984), U.S. v. Claiborne (Hoffman, J.) (filed June 8, 1984). 34. Order (denying defendant's motion for an order that the juror's not be subjected to sequestration) U.S. v. Claiborne (Hoffman, J.) (filed June 18, 1984). 35. Order (denying defendant's motion for judicial recusal), U.S. v. Claiborne (Hoffman, J.) (filed June 22, 1984). 36. Government's Motion for Leave to Dismiss Counts (Counts One, Two, Three and Four of the Indictment), U.S. v. Claiborne (filed June 27, 1984). 37. U.S. v. Joseph Conforte, Criminal Action No. 83-0316 (D.D.C., filed June 27, 1984), Order (denying motion of Judge Harry E. Claiborne to vacate order sealing judicial records, noting that this record was unsealed by the Court on Dec. 15, 1983) (Smith, J.). 38. Order (granting the government's motion for leave to dismiss Counts One, Two, Three and Four, and assuming the dismissal is with_prejudice to the government, and allowing John Squire Drendel, Esq., to serve as co-counsel if he will not testify for defendant), U.S. v. Claiborne (Hoffman, J.) (signed July 5, 1984). 39. Order (denying defendant's second supplement to motion for judicial recusal), U.S. v. Claiborne (Hoffman, J.) (filed July 10, 1984). 40. Order (granting government's motion for release of exhibits) U.S. v. Claiborne (Hoffman, J.) (filed July 27, 1984). 41. Memorandum Denying Defendant's Second Supplement to Motion for Judicial Recusal, U.S. v. Claiborne (Hoffman, J.) (filed July 27, 1984). 42. Order (denying (A) defendant's motion for (1) dismissal of all counts of indictment tainted by use of false testimony before grand jury and concealment of truth by prosecutor Shaw; (2) evidentiary 30 hearings on any factual matter not admitted by the prosecution; (3 43. Transcript of (Second) Trial and Related Trial Proceeding: i. Transcript of Verdict, Vol. VII, Aug. 10, 1984, pp. 1274-90. 5 Form 1040 for 1980 for Harry E. Claiborne. 4 Form 4868, Application for Automatic Extension of Time for 1980 for Harry E. Claiborne 6 Copy of nine checks from James Brown to Harry E. Claiborne during 1979. 7 3357 8 24 11 Copy of a check signed by George DaRoy to Harry E. Claiborne dated 8/15/80. 51 72 82 84 13 Copy of check from Peter Echeverria payable to Harry E. Claiborne dated December, 14 Copy of records from Caesar's Palance re Peter Echeverria's trip in 1979.. 91 100 15 Signature card for checking account of Harry E. Claiborne at Pioneer Citizen's Bank... 102 104 17 Copy of cashier's check and bank statement for the account of Harry E. Claiborne at 106 18 Copy of three checks, deposit slip and bank statement for the account of Harry E. 108 19 Copy of check, deposit slip and checking account statement for the account of Harry E. 110 20 Copy of check, deposit slip and bank statement for the account of Harry E. Claiborne at 111 21 Copy of a check, deposit slip and bank statement for the account of Harry E. Claiborne 22 Cash and sales record for Harry E. Claiborne for 1978. 23 Check register for Harry E. Claiborne for business account for 1978. 25 Work paper listing income and expenses for Harry E. Claiborne for 1978. 29 Three letters written to financial institutions by Jay Wright on behalf of Harry E. 159 33 Deposit ticket dated 8/31/78 for $75,000 and bank statement dated 8/31/78 at First 34 Check in the amount of $76,443.16 dated 8/31/78, No. 144982, signed by Harry E. 361 363 364 35 Deposit ticket dated 8/13/80 for $1,778.30, check deposited in the amount of $888.30 365 36 Deposit ticket dated 11/24/80 for $7,451.19, check deposited in the amount of 367 37 Check in the amount of $20,817.59 dated 4/13/81, No. 1046, signed by Harry E. 367 370 377 38 U.S. Government tax refund check for $44,256 issued to Harry E. Claiborne on 7/24/81.. 41 Letter Dated 8/12/81 from Judge Edward Tamm to Judge Harry E. Claiborne in re Defendant's exhibits: 2 Letter dated 5/16/81 from Harry E. Claiborne (Financial disclosure report for 1980, filed Government's: 5A Blowup of Exhibit 5 August 4, 1984 42 Chart for 1979 Income Tax Preparation. 43 Chart for 1980 Income Tax Preparation.. Defendant's: 47 Letter from Jerry Watson, Creative Tax Planning, to Judge Harry Claiborne, dated April 6, Defendant's: 47 Black Vinyl Pad with Yellow Paper. 3 Report of Joanne L. Becker. 41 Handwritten Legal Yellow Sheet.. 1 Letter to Jay Wright From Harry Claiborne dated 4/11/80.. 2-A Blow-Up of Defendant's Exhibit 1. 4 Check dated 4/11/80 for $8,000....... 797 797 762 778 861 861 868 |