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FedUp_Queer

(975 posts)
11. In one of the stupidest decisions of all time...
Tue Jan 24, 2012, 01:52 PM
Jan 2012

The Supreme Court in Clinton v. Jones ruled that a person can bring a civil law suit against a sitting president for acts prior to his taking office and does not interfere with his duties as president. The Court ruled 9-0 that such a suit could go forward. Consistent with that, there is no legal problem with sending a subpoena to the president in this matter. Impeachment and suing are separate things. Was the Supreme Court wrong-headed and stupid when it did that? Sure as hell was. Is that the law of the land? Sure as hell is.

Who can actually sign a subpoena has always struck me as a weird thing. I, as an attorney in New York, can sign a subpoena compelling someone's testimony...without judicial approval. That always struck me (and continues to strike me) as odd. There is nothing against a general authority to subpoena the President (given the decision surrounding the Jones decision). However, is that a dumb decision? Yeah...I think a person should have to wait until a president leaves office to bring a civil suit. As we saw with the Paula Jones debacle, it's too damn distracting. This Orly Taitz crap seems worse.

Here's a wiki-blurb on the subject. http://en.wikipedia.org/wiki/Clinton_v._Jones

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