Florence Morning News Newspaper Archives Aug 30 1973, Page 1

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Florence Morning News (Newspaper) - August 30, 1973, Florence, South CarolinaGood morning it s thursday August our Soth year 242 daily 10sunday 15 Nixon to defy court order judge Sirica commands Nixon to produce tapes Washington api in an historic Challenge to claims of presidential Power a Federal District judge wednesday or dered president Nixon to pro Duce tapes of while House conversations on watergate for private judicial inspection Nix on promptly refused. Chief judge John j. Sirica is sued the order and simultaneously suspended its effect for five Days to give he White House Lime to Appeal. In a statement from san Cle Menle Calif., barely two hours later the White House said Nixon s lawyers Are now considering the possibility of obtaining appellate review or How otherwise to sustain the presi Dent s position no other possible step except Appeal was mentioned by the while House the statement said it was Nixon s position that he must uphold the constitutional Sepa ration of Powers and confidentiality of presidential conversations and consequently will not comply with this or the decision fell Short of the request by special watergate prosecutor Archibald Cox thai tapes be presented to the jury investigating the scandal. Jul Sirica s demand that he inspect the apes privately rep resented As Sharp defeat for the president even though it is subject to Appeal. White House lawyers had argued that the president is beyond inc reach of any such order from a court regardless of who is to do the inspecting. Sought by Cox and in a parallel suit by the Senate water Gate committee Are tape recordings Nixon made of conversations in his office Ivich key aides. Judge Sirica historic order testimony at Senate water Gate hearings has led i Vesliga lors to conclude the apes could show whether or nil Nixon knew of . Disclosure of the secret tapes was made by a former White House official in Senate testimony july 23. Thai disclosure prompted the civil Law suits tapes. In his 23-Page opinion. Sirica granted thai there is such a thing As a presidential executive privilege against producing evidence in the interest of pre serving confidentiality of presidential discussions. But in a key Section of his opinion he declared that he judiciary not the president must be the judge of whether that privilege is properly invoked. For the courts to abdicate this role to presidents or anyone else to make each officer the judge of his own privilege would Dishonour the Genius of our constitutional system and Breed unbearable Sirica said. The judge added that he in tended no suggestion that Nixon could not be trus cd As the judge of his own privilege. Lizul he said he feared that such a precedent might permit or encourage some future High executive officer to become first reaction from the West Ern while House Al san Csc Monte was no comment from a press spokesman. Cox pronounced himself very pleased by the decision. If appellate review is sought we will do everything possible to expedite the proceed he added. The expected while House Appeal would presumably go to the . Court of appeals for the District of Columbia located upstairs from Sirica s court. Sirica concluded thai there can be no exception even for presidents when a court seeks to enforce compulsory process the term signifying the court s Power to compel such things As production of Tes Timony. It was this Point particularly which was the direct Challenge to the president who. In his july 25 Ciller rejecting the subpoena said i follow the example of a Long line of my predecessors As president of the United states who have consistently adhered to the position that the president is not subject to compulsory process from the thus while to his own satisfaction thai he had jurisdiction Over the tapes Sec Sirica i Acsai refuse to spokesman says san Clements Calif. A president Nixon will refuse to comply with a Federal judge s order to urn Over apes of White House conversations for the judge s private inspection the Western while i Louse said wednesday. While House lawyers Are considering appealing inc order handed Down earlier in the Day by . Dis Ricl court judge John j. Sirica a White House spokesman said. A statement issued Al the president s California Retreat at san Csc Mcnac said it was Nixon s position that he must uphold the constitutional Sepa ration of Power s and confidentiality of presidential conversations. The president consequently will not comply with this or the. Slalom Cal said. White House counsel Are now considering the possibility of obtaining appellate review or How otherwise to sustain the president s there was no immediate elaboration on whal avenues other Ihnn Appeal to a higher Federal court might be under consideration. White House spokesmen would nol comment Wyond he Brief written statement issued less than three hours after the judges decision was made pub Lic. In his ruling. Sirica sus Pended his own order for five Days to give both sides time to Appeal. The while House has made in Clear in he past it would take an Adverse ruling to a higher court. Sirica s decision handed Down in Washington represented

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