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Were it to act out either of these scenarios of surprise, or some other, the court in effect would be vindicating St. Clair's bold, circular argument. Stripped of frills, that contention leaves the President virtually invulnerable. It says that he cannot be indicted by a grand jury unless he is first impeached and convicted in Congress, that he can be impeached only for offenses that are subject to criminal indictment and that he is the only rightful arbiter of what evidence in his possession should be made available either to the courts or to the Congress...

Author: /time Magazine | Title: The United States v. Richard M. Nixon, President, et al. | 7/22/1974 | See Source »

...noncompliance by Nixon now remains at least a small possibility. St. Clair told reporters after the Supreme Court arguments that he did not know whether the President would yield. It would seem more politically expedient, and more in keeping with previous tactics, for Nixon to cooperate in principle?and then delay actual delivery of the tapes as long as possible. St. Clair seemed to suggest that possibility when he said that it might take two months for the 64 tapes to be submitted for screening by Federal Judge John J. Sirica if Sirica's original order to produce the tapes...

Author: /time Magazine | Title: The United States v. Richard M. Nixon, President, et al. | 7/22/1974 | See Source »

Making his first appearance before the high court, St. Clair proved more assured and forceful than Jaworski. He folded his hands at ease on the lectern, waved his dark-rimmed glasses to emphasize an argument. Brilliantly maneuvering to make the best of a case that many constitutional experts consider untenable, he nevertheless was cornered by deft questioning into revealing the unreasonable limits of the President's privilege claims. Yet he repeatedly drove home his central theme: "The President is not above the law. Nor does he contend that he is. What he does contend is that as President...

Author: /time Magazine | Title: The United States v. Richard M. Nixon, President, et al. | 7/22/1974 | See Source »

Though Nixon and his aides have pointedly refused to renew any such pledge this time, the Justices chose not to ask St. Clair pointblank whether Nixon would comply. St. Clair adroitly sidestepped whenever the question seemed imminent. Yet the subject became tantalizingly relevant when several Justices objected to Jaworski's charge that Nixon was setting himself up as the sole judge of the Constitution. As Justice Stewart said...

Author: /time Magazine | Title: The United States v. Richard M. Nixon, President, et al. | 7/22/1974 | See Source »

...President: "He is submitting his position to the Court and asking us to agree with it." Jaworski was hardly in a position to say that Nixon might not comply, but Justice Marshall later invited St. Clair to clarify the matter...

Author: /time Magazine | Title: The United States v. Richard M. Nixon, President, et al. | 7/22/1974 | See Source »

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