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...employees have long been subject to subpoena by grand juries, he noted, adding that ever since Marbury v. Madison* the Executive has been accountable to the courts, "and this is merely a specific application of that principle." With appropriate irony, Cox's petition was heard by Judge John Sirica, who tried the original Watergate Seven last winter and was as instrumental as anyone in breaking open the case. The judge called for briefs to be submitted next week on Cox's petition. Over the weekend, the Ervin committee staff was laboring to prepare its case regarding the right...

Author: /time Magazine | Title: THE CONSTITUTION: Battle Over Presidential Power | 8/6/1973 | See Source »

Some experts believe that Nixon should have followed the Jefferson example, and in the end, of course, he may yet do so along the way to the Supreme Court. But in a letter to Judge Sirica, in which he declined to produce his tapes for Cox, the President argued: "I follow the example of a long line of my predecessors who have consistently adhered to the position that the President is not subject to compulsory process from the courts." He quoted an 1865 statement of then U.S. Attorney General James Speed: "The President of the United States, the heads...

Author: /time Magazine | Title: THE CONSTITUTION: Battle Over Presidential Power | 8/6/1973 | See Source »

...will represent Richard Nixon in Judge John J. Sirica's second-floor Washington courtroom next week is one of the nation's foremost constitutional authorities, University of Texas Law Professor Charles Alan Wright. A prolific scholar and ambitious lawyer, Wright, despite his relatively youthful age of 45, is by no means overmatched against his twin adversaries Archibald Cox, Harvard law professor and special Watergate prosecutor, and Senator Sam Ervin, the constitutional doyen of the Congress...

Author: /time Magazine | Title: The Nation: In Court: Wright for the President | 8/6/1973 | See Source »

This Senate citation is turned over to Special Prosecutor Cox for consideration by a grand jury. An indictment results, and the custodian is arrested. The case comes before Federal District Judge John J. Sirica, who decides against the custodian's plea of Executive privilege. Sirica orders that the tapes be delivered to the Senate committee. The White House appeals, first in the Washington Circuit Court of Appeals, then in the Supreme Court, losing both times (though that is by no means certain). It is now early autumn. The President then either yields to the Supreme Court ruling and furnishes...

Author: /time Magazine | Title: THE WHITE HOUSE: The Battle for Nixon's Tapes | 7/30/1973 | See Source »

...group also acted to protect its emerging case against Dean. Although he has been granted limited immunity by the Ervin committee, Dean can still be prosecuted as long as any indictment is not based on evidence gathered from his committee testimony. Thus Cox last week gave Judge Sirica a two-inch-thick sealed envelope containing evidence against Dean that Justice Department prosecutors had gathered prior to Dean's testimony to the Senate committee. It is to be opened only if Dean claims that he is later being prosecuted because of his public statements. The contents of the envelope presumably...

Author: /time Magazine | Title: INVESTIGATIONS: Guerrilla Warfare at Credibility Gap | 7/2/1973 | See Source »

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