Stinger said:
One that convinced the authority in the matter. Whatever your opinion, and that is all that it is, the law is not on your side.
Not at all, it's just that this particular SCOTUS was not on my side, nor on the side of the American people, nor on the history of the Supreme court, nor on the side of our Constitution.
You mentioned Nixon V Fitzgerald, which doesn't even apply here since that was a Grand Jury investigation of a possible felony action! A reporters right to keep confidential sources, but the bottom line was a felony investigation. Again, I ask you to look up the difference between a felony and a civil court case. Clinton's was a civil case that was allowed to proceed...quite a big difference from what they were investigating Nixon for, would'nt you agree?
Also, you conveniently left out what SCOTUS concluded in Nixon V Fitzgerald...
"Because of the singular importance of the president's duties, diversion of his energies by concern with private lawsuits would raise unique risks to the effective functioning of our government."
Stinger said:
Yes, that a president is not immune from lawsuits and that getting elected does not grant you any such immunity and that private citizens have a right to their day in court unless a president can present compelling reasons otherwise.
Clinton never said he was immune from lawsuits! He simply asked for a delay in the civil court proceedings! This wasn't a felony, criminal investigation! Of course, if a President is suspected of committing a felony, then, by all means...full speed ahead, but a civil court case? No way!
I'd like to propose an imaginery scenario for you...and I would appreciate an honest answer....
Let's suppose I live next to Bush down in Crawford,
Texas, and I believe he has put a fence on what is my legal property.
Should my singular right to a day in court supercede the right of a nation to have a president undistracted from fullfilling his duly-elected duties to our nation?
Are you honestly saying I have the right to drag our president into civil court, the day after 9/11, and distract him with appearences before judges, meeting with attorneys, and sworn depositions and take this man's time and attention away from protecting our country? All for a civil trial?
You can throw all the rhetoric you want out here, but morally, you're wrong.
But you are right in one regard...the SCOTUS under Clinton did not agree. That doesn't make them right. SCOTUS goes back and over-rules previous decisions all the time...in effect saying..."Oops, we blew it that last time, here's what we should've said..."
The President has powers granted to him under Article 2 of the U.S. Constitution, and it neccessarily follows that within that "grant" is the unhampered ability to exercise those powers.
Supreme Court justice Joseph Story, who served on the court for about 35 years, and is perhaps the most respected commentator on the Constitution wrote in his often cited "Commentaries on the Constitution of the U.S., "that these powers granted to the president of the United States must include the power to perform them without any obstruction or impediment whatsoever."
But the SCOTUS under Clinton jumped around this and Stephens said that Story "did not specify the dimensions of the neccessary immunity."
What absolute hogwash!
If you get a drivers license, are you liable to be fined 100 dollars because the license doesn't detail the right to drive through St. Clair, County, IL on Highway 4?
Because Story didn't spell out the hundreds of possibilities regarding a Presidents immunity, the corrupt SCOTUS under Clinton allowed a frivolous CIVIL lawsuit, not criminal, but a CIVIL lawsuit to proceed. One of the biggest loads of garbage decisions that SCOTUS ever came down with.
If that's not enough for you, In Nixon V Fitzgerald, since you seem so fond of it, the court itself after first quoting John Adams and Senator Oliver Ellsworth, both of whom were framers of the Constitution, as saying during the first Congress that a "president, personally, was not subject to any court process whatsoever." ...this offers support for that all inclusive language by saying in the very next sentence that "Justice Story held it implicit that the President must be permitted to discharge his duties undistracted by private lawsuits."
Your arguments show the inability to see the grander scale, to see the greater good for our nation, to see beyond your own political bias. This is the real danger to our Constitution...that we actually have individuals, such as you, that believe it's ok to drag a sitting president into a civil trial, and that we actually have individuals, such as you, who so firmly believe they are right.
So again I ask you...do you honestly believe I should have the 'individual' right to drag Bush into a civil trial the day after 9/11? Hey...no one's above the law right?
Stinger said:
Not if you allow someone who behaves as Clinton did remain in office.
Oh, so I guess that means we should've impeached Reagan for illegally selling arms during Iran/Contra, and impeach Bush for saying he was "out of the loop," and for having that affair with his secretary ( No less scandalous then the garbage and lies you've thrown out about Clinton..so deal with it) and certainly, if we didn't have a Republican Congress, we could impeach Bush for lying to America about the danger from Iraq and the WMD? Oh, and don't forget Kennedy...he was probably nailing Marilyn, and That goody-two shoes Carter admitted he lusted in his heart...damn..they should all go, based on your narrow minded view of the world.
Let's drag them all into court...who cares if they're serving their duly elected duty to out nation...who cares about the American people who voted our Presidents into office....I say..let that one individual have their damn day in a civil court case....World War III? Too bad, Bush...you gotta get that fence off my property.
Wake up America.