Word: burrs
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Dates: during 1970-1979
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John J. Sirica's 23-page decision that the President must surrender his tapes relied heavily on legal and political precedents-on the theory of the Constitution, the trial of Aaron Burr and President Truman's unsuccessful attempt to take over the steel industry. In threading his way through this maze, Sirica carefully took up and rejected virtually all the arguments that the White House lawyers had presented. His verdict, though phrased with the density of legal language, is a historic document. Excerpts...
There was even less agreement on whether a presidential immunity from prosecution applies to a Vice President. Although three previous Vice Presidents (Aaron Burr, John C. Calhoun and Schuyler Colfax) were threatened with criminal charges, none was either brought to trial or impeached, so there are no clear precedents. Kurland believes that since only the President is indispensable, only he enjoys the privilege of immunity. According to the Constitution, the Vice President's sole duty is to preside over the Senate-and to be ready to succeed the President if necessary. But Bickel argues that immunity also applies...
...area where there are no judicial precedents." Never before has Congress subpoenaed a President. Only once has the Judiciary Branch issued a subpoena to a President. That was in 1807, when Chief Justice John Marshall, performing his collateral role as a district-court judge in Richmond, was trying Aaron Burr for treason. Burr wanted Thomas Jefferson to produce letters written to him by one of the prosecution witnesses...
Ervin is fond of citing a subpoena for certain papers and testimony issued to President Thomas Jefferson. But Jefferson's information was sought not by Congress but by a court for the criminal trial of Aaron Burr on treason charges. The situation is different when the Legislative Branch is locked in direct conflict with the Executive. Only last year Justice William O. Douglas argued that it is "no concern of the courts, as I see it whether a committee of Congress can obtain [an Executive Department document]. The federal courts do not sit as an ombudsman, refereeing the disputes...
...Trial of Aaron Burr, Justice Marshall confined the dictum of non-disclosure of communications that was set forth in Marbury v. Madison. The 1809 U.S. v. Burr decision cited...