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Inventory of the Papers of Judge John D. Butzner, Jr. 1986-1998 Butzner, Jr., Judge John D., Papers, 1986-1998 MSS 00-1

Inventory of the Papers of Judge John D. Butzner, Jr. 1986-1998

A Collection in
The Arthur J. Morris Law Library, Special Collections
Collection Number MSS 00-1


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Special Collections
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© 2001 By the Rector and Visitors of the University of Virginia. All rights reserved.

Funding: Web version of the finding aid funded in part by a grant from the National Endowment for the Humanities.

Processed by: Cecilia Brown

Repository
Special Collections, University of Virginia Law Library
Collection number
MSS 00-1
Title
Inventory of the Papers of Judge John D. Butzner, Jr. 1986-1998
Physical Characteristics
The collection consists of 34 boxes plus a number of bound volumes (18 linear feet).
Language
English
Abstract
The Judge John D. Butzner, Jr. papers document his ten years of service, along with two other judges, on the Special Division of the U.S. Court of Appeals for the District of Columbia Circuit for the Purpose of Appointing Independent Counsel. While Butzner served, the panel oversaw about twenty-five investigations. His files primarily reflect the panel's supervision of counsels' work, but they also contain correspondence regarding selection of counsel and costs of investigations.

Administrative Information

Access

There are no restrictions.

Use Restrictions

There are no restrictions.

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

Acquisition 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.


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. 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.

Scope and Content Information

The correspondence between the judges reflects the workings of their 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.

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.

Contents List

Butzner 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
Box: 1

Correspondence between judges

Candidates for Independent Counsel: A-Z 1992-1997
Box: 1

List and biographies; some correspondence

Correspondence between Judges Butzner, MacKinnon, Sneed, Sentelle, and Fay 1988-1990
Boxes: 1-3
9 folders

Correspondence covers a range of matters including indictments, investigation procedures, revision of the Ethics in Government Act, attorneys fees, etc.; some of this correspondence relates to the major cases.

[Independent Counsel]: Special Division's Powers to Define the Jurisdiction of the Independent Counsel. n.d., 1990
Box: 3
In re Bruce Edward Babbit: application for appointment of independent counsel 1997-1998
Box: 3

Memoranda and correspondence between judges; motions and orders

In re Ronald H. Brown: appointment of independent counsel 1995-1996
Box: 3
4 folders

Memoranda and correspondence between judges; motions and orders

In re Ronald H. Brown: interview with Lt. Col. Cogswell 1997
Box: 3
12/11/97 video-cassette
In re Ronald H. Brown: Lisa M. Brannock application for attorney's fees 1996-1997
Box: 4

Memoranda between jugdes; orders

In re Ronald H. Brown: Nolanda S. Hill application for attorney's fees 1996-1997
Box: 4

Memoranda between judges; orders

In re Ronald H. Brown: Kenneth C. White application for attorney's fees 1996-1997
Box: 4

Memoranda between judges; orders

In re Lauro Cavazos: appointment of independent counsel and final report 1990-1992
Box: 4

Memoranda between judges; orders

In re James William Cicconi: appointment of independent counsel 1989-1990
Box: 4

Application for attorney's fees, memoranda and correspondence between judges; orders

In re Henry Cisneros: appointment of independent counsel 1994-1995
Box: 5
4 folders

Memoranda and correspondence between judges; orders

In re T. Kenneth Cribb, Jr.: preliminary investigation 1989
Box: 5

Order

In re Michael K. Deaver: Report of independent counsel
Boxes: 6-7
2 folders

Orders

In re Edward J. Derwinski: notification of initiation of of preliminary investigation 1989
Boxes: 6-7
In re Raymond J. Donovan: application for attorney's fees 1987
Boxes: 6-7
4 folders

Memoranda and correspondence between judges

In re Raymond J. Donovan: independent counsel's report 1987
Box: 7
In re Alphonse Michael (Mike) Espy: appointment of independent counsel 1990-1999
Boxes: 7-10
14 folders

Correspondence and memoranda between judges and independent counsel; pleadings, motions, orders

In re Albert Gore, Jr: notification of preliminary investigation 1997-1998
Box: 10

Memoranda between judges; orders and motions

In re F. Henry Habicht II: preliminary investigation 1989
Box: 10

Order

In re Alexis M. Herman: appointment of independent counsel 1997-1998
Box: 10

Memoranda between judges; motions and orders

In re Inslaw, Inc./Meese: memoranda, correspondence, reports of independent counsel; 1988-1992
Box: 10

Orders and opinions. [See also Edwin Meese III]

In re Madison Guaranty Savings and Loan Association (MGSLA) [Whitewater]: appointment of independent counsel 1994-1998
Boxes: 11-12
8 folders

Correspondence and memoranda between judges; correspondence between independent counsel and Justice Department; orders, notices, judicial complaints

In re MGSLA: candidates for appointment of independent counsel in Whitewater investigation 1994-1998
Box: 12
2 folders

Correspondence between judges; miscellaneous correspondence; newspaper clippings

In re MGSLA: Dow Jones & Co., Inc. petition to disclose report of independent counsel Robert B. Fiske 1994
Box: 13

Orders, motions, memoranda and correspondence between judges

In re MGSLA: Peter Heller correspondence 1994-1998
Box: 13
In re MGSLA: Referral to the U.S. House of Representatives Pursuant to Title 28, U.S. Code, §595(c) Submiited by the Office of Independent Counsel Kenneth W. Starr 1998, September 9
Box: 13
In re MGSLA: release of report on the death of Vincent W. Foster, Jr. to public 1997
Box: 13

Miscellaneous letters urging judges to release the report

In re MGSLA: report on the death of Vincent W. Foster, Jr. 1997
Box: 13
3 folders
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
Box: 14
2 folders
In re Edwin Meese III: application for attorney's fees 1985-1989
Box: 14
1 folder and 2 volumes

Correspondence between judges; opinion; see also Nofzinger file

In re Janet Mullins: appointment of independent counsel 1992-1995
Box: 15
3 folders

Memoranda and correspondence between judges; orders, motions, briefs; comments re final report of independent counsel

[In re Janet Mullins]: Special Inquiry into the search and retrieval of William Clinton's Passport Files 1992
Box: 15
In re Janet Mullins: Final Report of Independent Counsel Joseph E. DiGenova 1995
Boxes: 16-17
3 folders
In re Janet Mullins: Final Report of Independent Counsel Joseph E. DiGenova. Appendix 1995
Boxes: 16-17
3 folders
In re Janet Mullins: Final Report of Independent Counsel Joseph E. DiGenova. Witness Directory 1995
Boxes: 16-17
In re Janet Mullins: Response of Steven K. Barry to Final Report of Independent Counsel Joseph E. DiGenova 1995
Boxes: 16-17
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
Boxes: 16-17
3 bound volumes
In re: Janet Mullins: application for attorney's fees 1995-1996
Boxes: 18

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
Box: 18
Bound volume
In re Janet Mullins: Reply Memoranda of Janet. G. Mullins... 1996
Box: 18
2 bound volumes
In re Janet Mullins: Steven K. Berry application for attorney's fees 1995-1996
Box: 18
2 folders

Memoranda and correspondence between judges, orders and opinions

In re Janet Mullins: Elizabeth M. Tamposi application for attorney's fees 1995
Box: 18

Orders and opinions

In re Janet Mullins: Margaret DeB. Tutwiler application for attorney's fees 1995
Box: 18
2 folders

Memoranda and correspondence between judges; orders and opinion

In re Franklyn L. Nofzinger/Edwin Meese III: application for attorney's fees 1988-1992
Box: 19
3 folders

Memoranda and correspondence between judges; orders and opinions

In re Oliver L. North: Walsh show-cause order 1986-1993
Box: 20

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
Box: 20
3 folders
In re Oliver L. North: Walsh's interim and financial reports to Congress 1988-1993
Box: 20
2 folders

Memoranda and letters between judges; petitions and orders

In re Oliver L. North: Lawrence E. Walsh expenditures 1989-1994
Box: 21
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
Box: 21
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
Box: 21
2 volumes
In re Oliver L. North: Final Report of the Independent Counsel for the Iran/Contra Matters 1993, Aug. 3
Box: 21
4 volumes
In re Oliver L. North: comments and responses on Final Report of Independent Counsel A-Z 1993, Dec.
Box: 22
4 folders

Comments from Edwin Meese III, Simon Peres, Colin L. Powell, Ronald W. Reagan, Casper W. Weinberger and others

In re Oliver L. North: James L. Adkins application for reimbursement of attorney's fees 1994; 1988-1993
Box: 23

Memoranda, orders and opinion

In re Oliver L. North: Richard L. Armitage application for attorney's fees 1993-1995
Box: 23
2 folders

Memoranda and orders

In re Oliver L. North: George Bush application for attorney's fees 1993-1995
Box: 23
2 folders

Memoranda and correspondence between judges; opinion

In re Oliver L. North: George Cave application for attorney's fees 1994-1995
Box: 23

Orders and opinion

In re Oliver L. North: Edwin G. Corr application for attorney's fee 1994-1995
Box: 23
In re Oliver L. North: Robert C. Dutton application for attorney's fees 193-1994
Box: 24
2 folders

Correspondence between judges; memoranda, opinions

In re Oliver L. North: William Dwyer application for attorney's fees 1994-1997
Box: 24

Memoranda and correspondence between judges

In re Oliver L. North: Joseph F. Fernandez application for attorney's fees 1994
Box: 24
2 folders

Memoranda and correspondence between judges; opinions

In re Oliver L. North: Richard B. Gadd application for attorney's fees 1992-1993
Box: 24

Correspondence between judges; opinions

In re Oliver L. North: Norman H. Gardner, Jr. application for attorney's fees 1993-1994
Box: 25
2 folders

Memoranda and correspondence between judges; opinion

In re Oliver L. North: H. Lawrence Garrett III appliation for attorney's fees 1994-1995
Box: 25

Memoranda and correspondence between judges; opinion

In re Oliver L. North: Clair E. George application for attorney's fees 1994
Box: 25
2 folders

Memoranda and correspondence between judges; opinions

In re Oliver L. North: Donald P. Gregg application for attorney's fees 1994-1995
Box: 25

Memoranda and correspondence between judges; opinion and orders

In re: Oliver L. North: William Haskell application for attorney's fees 1995
Box: 25

Memoranda and opinion

In re Oliver L. North: William G. Langton and Robert H. Mason application for attorney's fees 1994
Box: 26
Memoranda and correspondence between judges; order and opinion
In re Oliver L. North: Ambassador Nicholas Platt application for attorney's fees 1994
Box: 26

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
Box: 26
In re Oliver L. North: Ronald W. Reagan application for attorney's fees 1993-1996
Box: 26
3 folders

Memoranda and correspondence between judges; orders and opinions

In re Oliver L. North: Donald T. Regan application for attorney's fees 1995
Box: 27

Memoranda and correspondence between judges; opinion

In re Oliver L. North: Vincent Shields and Jerry Gruner joint application for attorney's fees 1994-1995
Box: 27

Memoranda and correspondence between judges; orders and opinions

In re Oliver L. North: George P. Schultz application for attorney's fees 1992
Box: 27
3 folders

Memoranda and correspondence between judges; orders and opinions

In re Oliver L. North: Howard R. Teicher application for attorney's fees 1991-1995
Boxes: 27-28
2 folders

Memoranda and correspondence between judges; orders and opinions; correspondence between attorneys and Department of Justice

In re Oliver L. North: William G. Walker application for attorney's fees 1995
Box: 28

Memoranda and opinion

In re Oliver L. North: Samuel J. Watson application for attorney's fees 1992-1993
Box: 28

Memoranda and correspondence between judges; order and opinion

In re Theodore B. Olson: application for attorney's fees 1998-1989
Boxes: 28-29

Memoranda and correspondence between judges; opinion

In re Theodore B. Olson: motions and report of independent counsel 1988
28-29
5 folders

Memoranda and correspondence between judges; orders and opinions

In re Theodore B. Olson: Affadavits and Exhibits in Support of Petition for Recovery of Attorney's Fees and Costs 1988
Box: 30
2 volumes
In re Theodore B. Olson: Robert M. Perry application for attorney's fees 1988
Box: 30

Memoranda and correspondence between judges

In re Samuel Pierce, Jr.: appointments of independent counsels; IC financial statements and final report 1996
Boxes: 30-31
6 folders

Correspondence and memoranda between judges; notices, motions and orders; press releases

In re Samuel Pierce, Jr: Final Report of Independent Counsel 1998 October 27
Box: 32
3 volumes
In re Samuel Pierce, Jr.: Petition for reimbursement of attorney's fees and costs 1998
Box: 32
1 volume
In re Samuel Pierce: Ernest Olivas, Jr. application for attorney's fees 1995-1998
Box: 32

Memoranda and correspondence between judges

In re Eli J. Segal: appointment of independent counsel 1995-1997
Boxes: 32-33
4 folders

Memoranda and correspondence between judges; motions and orders

In re George T. Trent: preliminary investigation 1997
Boxes: 32-33

Notifications; memoranda and correspondence between judges; termination of investigation

In re Henk Visser: petition for appointment of special prosecutor 1989-1990
Boxes: 32-33
3 folders

Memoranda and correspondence between judges; orders

In re Milton Lawrence Wallace: application for attorney's fees; report of independent counsel 1987
Box: 34
2 folders

Memoranda and correspondence between judges; opinion

In re William F. Weld: preliminary investigation; order 1988
Box: 34
Memoranda and research material prepared by Butzner clerks 1986-1998
Box: 34
News stories re independent counsel and special judicial panel 1997-1998
Box: 34
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
Box: 34
Sixty-Seventh Judicial Conference of the Fourth Circuit: T he Independent Counsel Process: Is It Broken and How Should It Be Fixed?Washington and Lee Law Review, Vol. 54, No. 4 1997 Fall
Box: 34
2 copies