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History 18 Online
OpenStudy (ashy98):

This statement comes from a Supreme Court decision in 1974: "The impediment that an absolute, unqualified [executive] privilege would place in the way of the primary constitutional duty of the Judicial Branch to do justice in criminal prosecutions would plainly conflict with the function of the courts under Art[icle] III." Source: http://www.infoplease.com/us/supreme-court/cases/ar41.html What is the "absolute privilege" to which this decision refers?

OpenStudy (ashy98):

A.) the right of President Nixon to bomb Cambodia without Congressional approval. B.) the right of President Nixon to withhold tapes of his private phone conversations C.) the right of President Nixon to withhold evidence of crimes by Spiro Agnew D.) the right of President Nixon to break into Democratic Headquarters in 1972

OpenStudy (wwhitlock):

Bombing Cambodia was a military decision. No president has been sued for military decisions. Executive Agnew was was found guilty of behavior that occurred when he was governor of Maryland. The Federal privilege could not reach back to that time. And it is doubtful that the personal actions of a VP could be covered by the President's privilege. Nixon did not break in to Dem HQ at Watergate Hotel. Nor did he deny that people associated with his campaign did the crime. The question was "what did the President know and when did he know it?" The answer to the what and when question could be answered by knowing the content of phone calls at the time. That seems to be the thing a president might want to cover up.

OpenStudy (ashy98):

So that would B right? @wwhitlock ?

OpenStudy (wwhitlock):

yub

OpenStudy (wwhitlock):

yup! dyslexic fingers, sorry

OpenStudy (ashy98):

lol okay thank you for helping !!!(:

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