Legal Documents
Starr Letter to House Leaders

Independent counsel Kenneth Starr accompanied his September 9, 1998 report to Congress about the Monica Lewinsky matter with a letter to House Speaker Newt Gingrich and House Minority Leader Richard Gephardt.

In the letter, he stresses the need to maintain the secrecy of grand jury material, but points to a ruling from the federal Court of Appeals in Washington that authorizes independent counsels allowing him to provide the grand jury evidence to the House. He asks the two House leaders to have the Sergeant at Arms of the House to protect the report.

Following Starr's letter is the text of the appeals court's motion granting Starr permission to release the evidence.

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Dear Mr. Speaker and Representative Gephardt:

Today this office has delivered to the Sergeant at Arms, the Honorable Wilson Livingood, 36 sealed boxes containing two complete copies of a Referral to the House of Representatives. This referral is filed in conformity with the requirements of Title 28, United States Code, Section 595(c), which provides that ``an independent counsel shall advise the House of Representatives of any substantial and credible information which such independent counsel receives ... that may constitute grounds for an impeachment.''

This referral contains confidential material and material protected from disclosure by Rule 6(e) of the Federal Rules of Criminal Procedure. Disclosure of this material to the House of Representatives has been authorized by the United States Court of Appeals for the District of Columbia Circuit, Division for the Purpose of Appointing Independent Counsels. A copy of that order is attached. The contents of the referral may not be publicly disclosed unless and until authorized by the House of Representatives. Many of the supporting materials contain information of a personal nature that I respectfully urge the House to treat as confidential.

I respectfully request that the sergeant at arms maintain this referral in a sealed and secure condition and deliver this sealed referral to the House of Representatives at a time and place to be determined by the House consistent with its own rules. Until such time as the sergeant at arms is directed to deliver this referral, I consider it a record of the Office of the Independent Counsel, an executive department of the executive branch. I respectfully request that the referral remain sealed until its formal receipt by the House. Jefferson's Manual, section 706 (c) (citing Speaker O'Neill's ruling of July 31, 1980, CONG. REC. at 20765).

Respectfully,
Kenneth W. Starr
Independent Counsel


Text of appeals court's motion:

Upon consideration of the "Ex Parte Motion for Approval of Disclosure of Matters Occurring Before a Grand Jury" filed by Independent Counsel Kenneth Starr on July 2, 1998, the court finds that it is appropriate for the independent counsel to convey the materials described in that motion to the House of Representatives. Accordingly, it is

ORDERED that the motion be granted. The court hereby authorizes the independent counsel to deliver to the House of Representatives materials that the independent counsel determines constitute information of the type described in 28 U.S.C., section 595(c). This authorization constitutes and order for purposes of Federal Rule of Criminal Procedure 6(e)(3)(C)(i) permitting disclosure of all grand jury material that the independent counsel deems necessary to comply with the requirements of section 595(c). This order may be disclosed as required in connection with the independent counsel's compliance with his statutory mandate.


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