Clinton Accused Special Report
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About the Special Master

Friday, October 30, 1998

Following is the section of a September 25 court order from Judge Norma Holloway Johnson in which she appoints and describes the duties for a special master to investigate allegations of grand jury leaks by Kenneth Starr. The name of the master and personal pronouns that are gender specific were deleted by the court. For more information, see the Post story.

Due to serious and repetitive prima facie violations of Rule 6(e), a complete and thorough review of these allegations must be undertaken. Toward that end, the Court will appoint [Deleted] as the Special Master in this matter. [Deleted] has agreed to accept this appointment. [Deleted] duties will be to collect and review evidence pertaining to the prima facie violations of Rule 6(e) and then to submit a report of [Deleted] findings in order to assist the Court in determining whether the OIC has violated Rule 6(e). See In re Sealed Case, 1998 WL 455602, at * 14 ("[T]he court may, if it so chooses, appoint a special master or other individual to collect evidence and submit a report to the district court for its review and adjudication.") In [Deleted] final report, the Special Master shall detail the evidence that [Deleted] has collected and assess whether members of the OIC have violated grand jury confidentiality in specific instances. The OIC will be afforded the opportunity to review and to respond in camera to the Special Master's final report.

In furtherance of [Deleted] duties, [Deleted] shall have the authority to subpoena documents such as telephone records, telephone logs, letters, facsimiles, notes, memoranda, appointment records, visitor logs, calendars, etc.... from the OIC or any other relevant parties. [Deleted] is also authorized to gather testimony from present or former members of the OIC or any other relevant persons in any form [Deleted] deems appropriate, whether through interviews of witnesses or pursuant to subpoena ad testificandum. Furthermore, the Special Master shall be required to keep a record of all of the evidence that is gathered for the Court's future review.

In order to assist the Special Master in carrying out [Deleted] duties, movants may choose to submit proposed questions directed to the Independent Counsel or members of the OIC that pertain to the alleged Rule 6(e) violations. See In re Sealed Case, 1998 WL 455602, at *14 (suggesting such a procedure). These questions shall be designed to give guidance to the Special Master but will not obligate [Deleted] to ask any specific proposed question. Of course, pursuant to the direction of the Court of Appeals, any answers to movants' questions will be received solely by the Special Master and the Court in camera.

[Deleted] may also appoint such additional persons as [Deleted] deems necessary to assist in carrying out [Deleted] duties in a timely fashion. Both [Deleted] and any persons that assist [Deleted] will be bound by the secrecy provisions of Rule 6(e) and shall keep any information learned in the course of performing their duties strictly confidential. Furthermore, any documentary evidence gathered or transcripts of testimony shall be kept under seal. In compliance with the instruction of the Court of Appeals in this matter, the Special Master's final report, any interim status reports, and any supporting evidence shall be submitted to the Court and served on the OIC ex parte and in camera. Under no circumstance should any of the evidence gathered be revealed to the movants without the Court's prior approval.

© Copyright 1998 The Washington Post Company

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