Thursday, February 14, 2008

U.S. v. Nixon (1974)

The House may finally issue contempt citations to Josh Bolten and Harriet Miers for failing to obey a subpoena to appear before Congress and submit to questioning about the USA firings. Rahm Emanuel is worried that Congress would lose if this were brought to court but I think his fear is unfounded because of the Supreme Court ruling in the title of this post. There, the Court found that the claim of executive privilege to disobey a subpoena has limits:

"Absent a claim of need to protect military, diplomatic, or sensitive national security secrets, we find it difficult to accept the argument that that even the very important interest in confidentiality of Presidential communications is significantly diminished by production of such material for in camera inspection with all the protection that a district court will be obliged to provide. "

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