Use of Executive Privilege in Concealing A Crime
Respondent Committees argue that a claim of executive privilege does not guard against a possible disclosure of a crime or wrongdoing. The Court does not contest this. It has been settled that the specific need for evidence in a pending criminal trial outweighs the President’s generalized interest in confidentiality. However, the present case DOES NOT INVOLVE A CRIMINAL PROCEEDING where the information sought from Neri would help in meeting the demands of fair administration of criminal justice. Instead, the present controversy arose from a legislative inquiry. There is a clear difference between Congress' legislative tasks and the responsibility of a criminal court. While fact-finding by a legislative committee is undeniably a part of its task, legislative judgments normally depend more on the predicted consequences of proposed legislative actions and their political acceptability, than on precise reconstruction of past events; Congress frequently legislates on the basis of conflicting information provided in its hearings. In contrast, the responsibility of the criminal court turns entirely on its ability to determine whether there is probable cause to believe that certain named individuals did or did not commit specific crimes.
Read more about this topic: Neri Vs. Senate
Famous quotes containing the words executive, privilege, concealing and/or crime:
“Testimony of all ages forces us to admit that war is among the most dangerous enemies to liberty, and that the executive is the branch most favored by it of all the branches of Power.”
—James Madison (1751–1836)
“I read, with a kind of hopeless envy, histories and legends of people of our craft who “do not write for money.” It must be a pleasant experience to be able to cultivate so delicate a class of motives for the privilege of doing one’s best to express one’s thoughts to people who care for them. Personally, I have yet to breathe the ether of such a transcendent sphere. I am proud to say that I have always been a working woman, and always had to be ...”
—Elizabeth Stuart Phelps (1844–1911)
“Our books are false by being fragmentary: their sentences are bon mots, and not parts of natural discourse; childish expressions of surprise or pleasure in nature; or, worse, owing a brief notoriety to their petulance, or aversion from the order of nature,—being some curiosity or oddity, designedly not in harmony with nature, and purposely framed to excite surprise, as jugglers do by concealing their means.”
—Ralph Waldo Emerson (1803–1882)
“A bad end, a sad end, was the last end of Mieze. And why, why, why? What crime had she committed? She came from Bernau into the whirl of Berlin, she was not an innocent girl, certainly not, but her love for him was pure and steadfast; he was her man and she took care of him like a child. She was struck down because she happened by chance to encounter this man; such is life, it’s really inconceivable.”
—Alfred Döblin (1878–1957)