Casd Briefing Essay Example | Topics and Well Written Essays - 3000 words

Casd apprise - Essay Examplechairwoman Nixon refused to comply, arguing executive privilege.At issue Does the Presidents intact right to safeguard certain information make him entirely immune to judicial review? President Nixon (through his counsel, James St. Clair) argued that the special public prosecutor, functioning as an employee of the Department of Justice, made any request for snowy mark audiotapes an internal matter to be resolved within the Executive Branch. In sum, the Judicial Branch was overstepping its constituent(a) authority by interfere in the matter. Special prosecutor Leon Jaworski argued that the audiotapes in question almost sure enough contained direct evidence of a criminal conspiracy, to wit, to commit obstruction of justice.Procedural history Special prosecutor Jaworski secured a subpoena in Federal District Court (Judge John Sirica, presiding) requiring White House conformance with demands to surrender certain audiotapes, in April 1974, requiring the White House to surrender the tapes no later than May 31. The White House refused to comply. Both Jaworski and St. Clair (the Presidents counsel) concurred in requesting the Supreme Court hear the appeal from the Sirica finalecertiorari before judgment, a procedure allowing the matter to proceed directly to the Supreme Court without an intervening hearing and decision rendered by the Court of Appeals for the DC Circuitwhich motion was granted. The Court heard arguments on July 8 and delivered its unanimous opinion on July 24, 1974.3 The law There was not specific jurisprudence at issue. However, certain language in the Constitution appears relevant. That document makes no reference to executive privilege, although it privileges Members of relation in matters relating to debate (Art. I, sec. 6). Article II (the Presidency), provides, inter alia, that The