Quote:
Originally posted by taxwonk
Until Clinton, the President could not be sued whille in office. Executive Privilege applied both civilly and criminally. The Supremes took a major step back down from their ethical duties when they ruled the suit could go forward.
Whitewater had a special prosecutor because the Attorney General, who reports to the President, theoretically might not be able to fulfill completely and zealously her prosecutorial duties when the subject of the investigation is her direct superior.
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"ial was, furthermore, premature....
We add a final comment on two matters that are discussed at length in the briefs: the risk that our decision will generate a large volume of politically motivated harassing and frivolous litigation, and the danger that national security concerns might prevent the President from explaining a legitimate need for a continuance.
We are not persuaded that either of these risks is serious. Most frivolous and vexatious litigation is terminated at the pleading stage or on summary judgment, with little if any personal involvement by the defendant.... History indicates that the likelihood that a significant number of such cases will be filed is remote. Although scheduling problems may arise, there is no reason to assume that the District Courts will be either unable to accommodate the President's needs or unfaithful to the tradition--especially in matters involving national security--of giving "the utmost deference to Presidential responsibilities...." "
http://www.law.umkc.edu/faculty/proj...tonvjones.html
Anyone still buy that?
