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Tommy_Carcetti

(43,189 posts)
Tue Mar 28, 2017, 12:09 PM Mar 2017

United States v. Nixon, 418 U.S. 683.

https://en.wikipedia.org/wiki/United_States_v._Nixon

Less than three weeks after oral arguments, the Court issued its decision. The justices struggled to write an opinion that all eight could agree to. The stakes were so high, in that the tapes most likely contained evidence of criminal wrongdoing by the President and his men, that they wanted no dissent. All contributed to the opinion and Chief Justice Burger delivered the unanimous decision. After ruling that the Court could indeed resolve the matter and that Jaworski had proven a "sufficient likelihood that each of the tapes contains conversations relevant to the offenses charged in the indictment," the Court went to the main issue of executive privilege. The Court rejected Nixon's claim to an "absolute, unqualified Presidential privilege of immunity from judicial process under all circumstances." It held that a claim of Presidential privilege as to materials subpoenaed for use in a criminal trial cannot override the needs of the judicial process, if that claim is based, not on the ground that military or diplomatic secrets are implicated, but merely on the ground of a generalized interest in confidentiality. Nixon was ordered to deliver the subpoenaed materials to the District Court.

Nixon resigned sixteen days later, on August 9, 1974.
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United States v. Nixon, 418 U.S. 683. (Original Post) Tommy_Carcetti Mar 2017 OP
Three weeks - so it is still possible... yallerdawg Mar 2017 #1
Is there some pending court case that would make US v Nixon analagous? onenote Mar 2017 #2
It's relevant. They are refusing to have hearings to hide stuff they might be guilty of. shraby Mar 2017 #4
yes they are. But how does that get you to a court case? onenote Mar 2017 #5
Laughing smilie. yallerdawg Mar 2017 #7
Because some people seem to think that we're close to a US v Nixon situation now onenote Mar 2017 #8
Dandy find! shraby Mar 2017 #3
Kick and rec! shraby Mar 2017 #6

onenote

(42,737 posts)
2. Is there some pending court case that would make US v Nixon analagous?
Tue Mar 28, 2017, 12:23 PM
Mar 2017

The timeline for US v Nixon:

March 1 1974 -- Grand Jury returns indictments against several of Nixon's men and names Nixon as an unindicted co-conspirator
April 18 1974 -- Special prosecutor subpoenas documents from Nixon
May 1 1974 -- Nixon asks District Court to "quash" the subpoena in part.
May 20 1974 -- District Court denies Nixon's motion and orders documents to be turned over to special prosecutor
May 24 1974 -- Nixon appeals district court ruling to Supreme Court
Jun 1974 -- briefing schedule and argument date set
July 8 1974 - oral argument
July 24 1974 -- unanimous Supreme Court decision upholding District Court
Aug 8 1974 - Nixon announces resignation

Not sure how that timeline has any relevance to where things stand with Trump today.

shraby

(21,946 posts)
4. It's relevant. They are refusing to have hearings to hide stuff they might be guilty of.
Tue Mar 28, 2017, 12:26 PM
Mar 2017

Not to protect national security, but to protect their own asses.

onenote

(42,737 posts)
5. yes they are. But how does that get you to a court case?
Tue Mar 28, 2017, 12:29 PM
Mar 2017

There is no special prosecutor and from all indications, the repubs will fight tooth and nail against one ever being appointed.

Of course they're hiding all kinds of shit. But I still don't see how US v. Nixon is all that relevant given the absence of any special prosecutor, subpoena, or court proceedings at this time or, it would seem, in the foreseeable future given the repubs stonewalling.

onenote

(42,737 posts)
8. Because some people seem to think that we're close to a US v Nixon situation now
Tue Mar 28, 2017, 01:18 PM
Mar 2017

And I don't see how that helps. I remember when people here were falling for the 24 business hours BS, too.

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