President Reagan and the World

By Eric J. Schmertz; Natalie Datlof et al. | Go to book overview
June 17, 1989, p. A7; "Key North Counts Dismissed by Court", New York Times, January 14, 1989, p. A1. See also "Justice Delays Iran--Contra Justice", New York Times, October 21, 1989, p. A24 (editorial criticizing Justice Department performance).
7.
In the case of the Iran-Contra prosecutions, the situation was not aided in the least by the fact that the "classified" information that attorneys general Meese and Dick Thornburgh sought to protect was both innocuous and widely known. See Senate Select Committee on Secret Military Assistance to Iran and the Nicaraguan Opposition, House Select Committee to Investigate Covert Arms Transactions with Iran, Report of the Congressional Committees Investigation of the Iran-Contra Affair, S. Rep. No. 216, H.R. Rep. No. 433, 100th Cong., 1st Sess., p. 144 ( 1987); Anthony Lewis, "Government of Laws?" New York Times, November 30, 1989, p. A31.
8.
United States v. Fernandez, 887 F.2d 465, 471 (4th Cir., 1989).
9.
See United States v. Curtiss-Wright Export Corp., 299 U.S. 304, 319 ( 1936).
11.
Sandra D. Jordan, "Classified Information and Conflicts in Independent Counsel Prosecutions: Balancing the Scales of Justice after Iran-Contra", Columbia Law Review 91 ( 1991): 1651.
12.
E.g., United States v. Reynolds, 345 U.S. 1 ( 1953).
13.
Jordan, "Classified Information and Conflicts," p. 1674.
14.
U.S. Constitution, art. I, sec. 3, cl. 7.
15.
See The Federalist, nos. 65, 69.
16.
See Ten Annals of Congress, pp. 72-74 ( 1800) (Remarks of Charles Pinckney).
17.
In fact, members of the founding generation disagreed sharply on precisely our question both in formal debate on the Senate floor during its first session. See Kenneth R. Bowling and Helen E. Veit, eds., The Diary of William Maclay and Other Notes on Senate Debates ( Baltimore: Johns Hopkins Press, 1988), pp. 445-49 (notes of Vice President John Adams), 464-67 (notes of Senator William Samuel Johnson of Connecticut), 483-89 (notes of Senator William Paterson of New Jersey); and in more informal political discussion, see Edgar S. Maclay, ed., Journal of William Maclay, U.S. Senator from Pennsylvania, 1789-1791 ( New York: D. A. Appleton & Co., 1890), pp. 166-67.
18.
"Letter from Aaron Burr to Theodosia Alston", December 4, 1804, in Matthew L. Davis , ed., Memoirs of Aaron Burr with Miscellaneous Selections from his Correspondence ( New York: Harper & Bros., 1836-37), pp. 351-52.
19.
The text of the letter is to be found in J. S. Biddle, ed., Autobiography of Charles Biddle, Vice President of the Supreme Executive Council of Pennsylvania, 1745-1821 ( Philadelphia: E. Claxton & Co., 1883), pp. 306-8.
20.
See Burton v. United States, 202 U.S. 344, 365-70 ( 1906). The subsequent cases are canvassed in Freedman, "The Law as King", pp. 30-32.
21.
For a description of these cases, see Freedman, "The Law as King," pp. 25-29.
22.
Donovan was indicted by a New York State grand jury in September 1984 on charges relating to alleged fraud in connection with public works performed by a company with which he had previously been connected. He resigned in March 1985, and, after unsuccessfully seeking to remove the charges to federal court (see Application of Donovan, 601 F.Supp. 574 [S.D. N.Y. 1985]), eventually won a complete acquittal (see "Donovan Cleared of Fraud Charges by Jury in Bronx", New York Times, May 26, 1987, p. A1).
23.
The Federalist, no. 65.
24.
116 Congressional Record, H3113-14 (daily ed., April 15, 1970).
25.
United States v. Burr, 25 F.Cas. 30 (C.C.D. Va., 1807) (No. 14, 692d).

-273-

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