Scope and Contents Note
The papers of Oliver Gasch span the years 1953 - 2000, with the bulk concentrated on his
judicial career on the United States District Court for the District of Columbia from
1965 - 1999. The papers consist of five series: Case Files, Correspondence, Diaries,
Speeches and Writings, and Miscellany.
Boxes OG-001 - OG-027, Case Files: Documentation of Oliver Gasch's judicial career.
This series covers both civil and criminal cases, and while not a complete record, does
provide a substantial overview of the types of cases heard by Gasch, and of the types of
cases heard by the U.S. District Court for the District of Columbia. The Case Files are
arranged alphabetically by case name, and then chronologically within each case to
illustrate development over time. Case materials
include court documents, official and public correspondence, and newspaper clippings. In some
instances where the case went on to the U.S. Court of Appeals or the Supreme Court, those
documents are present. As a senior member of the court, Judge Gasch also heard cases at the
U.S. Court of Appeals and these cases are interfiled alphabetically with the other case
materials, as they were received from the Gasch family. The bulk of the Case Files are
processed to the folder level, but important and memorable cases, identified by family and
former clerks, are processed to the item-level.
Cases processed at the item level are:
-
Al-Fulaij, et ano [sic] v. Middendorf, et al and Financial General Bankshares v. Lance, et al were the cases heard in Judge Gasch's courtroom that involved players who would eventually figure in the large and complicated Bank of Credit and Commerce International Ltd. (BCCI) scandal. The BCCI, with assets and branches across the United States, was shut down after allegations of massive international fraud. Consolidated and reported as Financial General Bankshares, Inc v. Metzger, 523 F. Supp. 744 (D. D.C. 1981).
- In Re: Melvin Belli regarded an action by the USDCDC and California attorney Melvin Belli. Mr. Belli, a well-known trial attorney, sought admittance to the D.C. bar to try a medical malpractice suit. His admission was called into question by comments he made on a national television show about the District Judge assigned to the original case. 371 F. Supp. 111 (D. D.C. 1974)
- Female Union Band Association, et al v. Unknown Heirs, et al concerned the Mount Zion and Female Union Band cemeteries in Georgetown, where the graves of African Americans buried there from 1809 to 1953 were allowed to remain undisturbed and the land undeveloped. Judge Gasch's opinion also made provisions for trustees to oversee the cemetery's maintenance. Although the case was appealed, and the site's long-term future remains undetermined, the cemetery - and nearby Mount Zion Methodist Church - are a stop for those interested in Georgetown's African American history and the Underground Railroad. 403 F. Supp. 540 (D. D.C. 1975)
- Goldwater, et al v. Carter, et al contains case materials regarding Senator Goldwater's suit to stop President Carter from terminating the mutual defense treaty with Taiwan without seeking Congressional approval first. The D.C. Circuit reversed Judge Gasch's ruling in favor of Senator Goldwater, but the appeals court judgement was subsequently vacated by the Supreme Court and the case remanded to Judge Gasch for dismissal. Goldwater has since been cited 400 times for guidance in applying the political question doctrine to a separation of powers dispute. 481 F. Supp. 949 (D. D.C. 1979), rev'd 617 F. 2d 697 (D.C. Cir: 1979), vacated and remanded for dismissal, 444 U.S. 996 (1979) (per curiam).
- Hoskin, et al v. Resor tells the story of the American servicemen who served with the Russian Railway Service Corps during WWI. In his oral history transcripts, Judge Gasch fondly remembers the amount of research he and his clerks did at the National Archives. These research photocopies are present and provided the background for the memorandum opinion that granted veterans benefits to these servicemen. 324 F. Supp. 271 (D. D.C. 1971)
- O'Hair, et al v. Andrus, et al was the case that sought to prevent
Pope John Paul II from holding mass on the National Mall during his
visit to the United States in 1979. Judge Gasch's opinion held that the Catholic Church
had the same right as anyone else to hold a demonstration on public
land. This case generated a substantial amount of public
correspondence, which is included in the case file.
- Steffan v. Cheney, et al concerned Steffan's dismissal from the
Navy, after he admitted he was gay. Judge Gasch's opinion, and the
reasoning it contained, sparked controversy that the case materials
reflect through the newspaper clippings and public correspondence.
This case is widely cited in law reviews
throughout the 1990s and went on to be heard in the U.S. Court of
Appeals, although Steffan decided not to appeal to the Supreme Court.
The Law Center Library also has a book on the case edited by Marc Wolinsky
and Kenneth Sherrill,
Gays and the Military: Joseph Steffan versus the United States.
780 F. Supp. 1 (D. D.C. 1991); 733 F. Supp. 121 (D. D.C. 1989); 733 F. Supp. 115 (D. D.C. 1989)
- Synar, et al v. United States concerned H.J. Res 372, the so-called
Gramm-Rudmann-Hollings Emergency Budget Deficit Reduction Act. Judge
Gasch sat on a three-judge panel hearing testimony on this legislation
and considered it one of the most important cases he heard, in terms of the nation's welfare.
The case went immediately to the Supreme Court
for hearings on constitutionality before the first fiscal year under
Gramm-Rudman finished. 670 F. Supp. 410 (D. D.C. 1987); 626 F. Supp. 1374 (D.D.C. 1986)
- Tavoulareas, et al v. Washington Post, et al was a libel case in which Judge Gasch overturned the jury's decision and damage award originally granted to the plaintiff. The U.S. Court of Appeals then overturned Judge Gasch's decision and awarded Tavoulareas damages. Finally, an en banc session affirmed Judge Gasch, and the Washington Post was ultimately found not liable in the matter. The trial received press coverage because Irving Younger, well-known defense lawyer, presented the case for the Washington Post. Tavoulareas went on to advocate for libel plaintiffs and published a book about the case, Fighting Back, in 1986. 111 F.R.D. 653 (D. D.C. 1986); 567 F. Supp. 651 (D. D.C. 1983)
- United States v. Baker and Baker v. Department of Justice, were long running cases regarding Bobby Baker, former congressional aide to President Johnson, who was indicted for fraud and income tax evasion. The criminal case was Judge Gasch's first nationally publicized case. In Baker's original trial, Judge Gasch decided to sequester the jury after much deliberation. This case file contains materials from the initial case, the appeals, and the remand. 301 F. Supp. 973 (D. D.C. 1969); 266 F. Supp. 456 (D. D.C. 1967); 262 F. Supp. 657 (D. D.C. 1966)
Box OG-027, Correspondence series: Both incoming and outgoing correspondence are included and primarily concern the professional activities of Judge Gasch outside of case-related matters. Letters to and from prisoners comprise the bulk of this correspondence. Documents in the series are arranged chronologically in order to complement the arrangement of the case files and the calendar diaries.
Boxes OG-028 - OG-036, Diaries series: Case calendars and diaries of daily activities maintained by office staff. The diaries are arranged chronologically. Additionally, a sub-series of Judge Gasch's daily notes from the bench are arranged in a separate chronological run.
Box OG-037, Speeches and Writings series: The series, arranged chronologically, contains speeches and writings by Judge Gasch and provides a glimpse of his professional and personal activities. Many of the speeches are talks given at the prayer breakfasts Judge Gasch attended and led for many years.
Boxes OG-037 - OG-041, Miscellany series: Includes sub-series on indexes of cases, news clippings regarding Gasch's career as an attorney and of personal interest, sample documents and research, and speeches and writings except for those by Judge Gasch. Subject files on ceremonies, prayer breakfasts and a 1985 American Bar Association meeting are also present. In an attempt to reflect the arrangement of the remainder of the collection, these materials are filed chronologically where applicable.
The inventory that follows details additional information on each of the series and provides box contents for the Oliver Gasch Papers.