Today in Supreme Court History: July 24, 1997

7/24/1997: Justice William Brennan dies.

Justice William Brennan

 

Comments

[Dan Schiavetta]

United States v. Nixon, 418 U.S. 683 (decided July 24, 1974): Court denies President Nixon's motion to quash the Special Prosecutor's subpoena; rules that he has to hand over "the tapes" which included the June 23, 1972 "smoking gun" tape which depicted what everyone in those days (including Nixon, a well-read lawyer) understood to be obstruction of justice: he had agreed with his Chief of Staff Haldeman's suggestion that the CIA be told to lean on the FBI to stop the Watergate investigation. (As opposed to, say, taking the initiative in actually sacking the FBI director to stop an investigation and bragging about it to Lester Holt on national TV.) Nixon resigned two weeks later. The subpoena was issued in a criminal case against former Attorney General John Mitchell, Haldeman and five others, for conspiracy to obstruct justice, with Nixon as an unindicted co-conspirator. Unanimous opinion signed by Burger (though it was a collective effort), with Rehnquist, a former Mitchell aide, recusing himself. The Court noted that "the President's need for complete candor and objectivity from advisers calls for great deference from the courts" but rejected Nixon's claim of absolute, unspecified executive privilege. The opinion reads now like a time capsule of a judicial, political and Constitutional world which functioned because both parties were committed to it, as was the President, who decided to obey the Court's order and hand over the tape which he knew would destroy him.

[Frank Drackman]

Milhouse Should have "Deleted" his tapes, like Hillary Rodman did with "her" E-mails.

[Dan Schiavetta]

Deleting emails is something everyone does. Hillary was cleared twice by the FBI and then again by Trump's own Justice Department. What does that tell you?

[Mr. Bumble]

That the FBI is as corrupt as the deep state justice department.

You can't possibly think that Hillary did not violate the law, both in using a private server and in deleting emails. We just have a two tiered system of justice.

[Dan Schiavetta]

Do you care to review the many ways Trump has violated the law as to the use of a private device, as well as his sloppy handling of classified information?

[Mr. Bumble]

No. Wrong is wrong and if he did it should have consequences.

Unfortunately the idea that we are a nation of laws, not men has been abandoned.

[Frank Drackman]

Hmm, maybe he should have been impeached! (Like "Somnolent/Sleepy/Infectious Joe" will with the next Congress (I hope not!(HT. J. Jimenez) like Common-Law Willie Harris-Brown would be any better

[Frank Drackman]

That the FBI is (Just)as corrupt as the deep state justice department.

You can't possibly think that Hillary did not violate the law, both in using a private server and in deleting emails. We just have a two tiered system of justice.

[Jazzizhep]

She just forgot it was against the law to delete them? It’s not you deleting spam. She was deleting emails that belonged to the American people.

She was recommended for a referral, but Comey changed the recommendation.

They let her lawyer, who was also a subject of the investigation, sit in on her interview.

Compare that to the treatment of Flynn

[Jazzizhep]

*not against the law to delete them. It was against the law to have them.

[Dan Schiavetta]

Trump’s own Justice Department found nothing. Don’t you remember? It was notable as the only time in history that the winner of a Presidential election ordered an investigation of the loser. And they didn’t have enough evidence, manufactured or otherwise, to bring charges.

[Mr. Bumble]

You can argue that it was Trump's Justice Department because he was President but that was hardly the case.

The biggest problem for Trump (aside from anything he created by his grating style) was the lack of associates who would support his programs that could be place into positions of power.
Between the establishment swamp and Never Trumpers he never had a chance.

[bernard11]

The biggest problem for Trump (aside from anything he created by his grating style) was the lack of associates who would support his programs that could be place into positions of power.

There were plenty of Trump toadies around, Bill Barr for one. That Barr found some long-lost scruples when the ship was clearly going down doesn't change that.

[Mr. Bumble]

Wow, something we can agree on. Barr was (is) a toady in the same vein as his buddies Comey and Mueller. By the way where is Mueller? In a home for dementia patients, somewhere?

[Frank Drackman]

I know, it's just the way things work that 95% of the "Late" vote came in for Infectious Joe Biden (Maybe he had something with the "Wear a Mask!" advice, that he didn't take)

[MoreCurious]

Poor Frank. Everything he writes is stupider than what he wrote before. Will he ever hit bottom?

[Frank Drackman]

Hit "Bottom" on your ugly ass mother last night.

[DaivdBehar]

I remember when the FBI investigated the sex affairs of Martin Luther Kind to discredit him. Of course, he was a Republican. The FBI is just a Democrat goon hit squad for political attack. Meanwhile 100 million internet crimes take place totally unmolested by the authorities. They are all lawyers. So, they stink. Get rid of all these scumbags. In 2025, replace them all with real police.

[DaivdBehar]

Lawfare should be criminalized
It is fraudulent. It steals tax finfs for lawyer pay for poltical campaign purposes. It is a waste of time, but does keep these lawyers busy and not hurting the public. Jan 6 Comm should be arrested in 2025.

[DaivdBehar]

Schedule F. Trump plans to clean house of Swamp once in office in 2025.

[DaivdBehar]

More scumbag lawyer bullying over nothing. This vile, toxic profession must be crushed to save our nation.

https://www.msn.com/en-us/news/us/black-family-snubbed-at-sesame-place-philadelphia-calls-on-park-owners-to-turn-incident-into-teachable-moment/ar-AAZTQbI?ocid=msedgntp&cvid=f10cb3985c82498babc1e8c3e4690fee

[DaivdBehar]

Pre-vetted nerd love. Lawyers are lining up.

https://nypost.com/2022/07/24/elon-musk-had-affair-with-wife-of-google-co-founder-sergey-brin/?lctg=607d90f2373dd11b6ec10b87

[DaivdBehar]

Today in history from yesterday. The data are in. The cause of global warming is clean air. Thank the vile toxic lawyer quack traitor for global warming.

[MoreCurious]

Poor Behar. Can't even spell the word "David." Is it surprising that he responds to his own inane comments four or five times?

[DaivdBehar]

Morey. What an incisive insight, dude. Love it.

[Frank Drackman]

Of course, so does "The (Very Wrong) "Revered" Arthur T. Sandusky, I mean "Kirkland"
I keep telling him, he keeps responding to himself, he's gonna go blind...

Frank (20/20)

[DaivdBehar]

Morey. Dude. Had to report your mean spirited and hurtful comment. Racism. Correct spelling is white supremacy.

[SRG]

I doubt Thomas, unlike Rehnquist, would have recused himself in similar circumstances.

[Dan Schiavetta]

You're probably correct.

[mulched]

Hypothetical corruption is the worst kind.

[Frank Drackman]

CT also wouldn't wear a ridiculous "Godspell" striped robe like that Pompous Rehnquist, who's name Nixon couldn't even pronounce.

[David Nieporent]

It was based on Iolanthe, not Godspell.

[DaivdBehar]

Great catch, bruh. You are sharp.

[Frank Drackman]

Thanks, that's on Par, with "It was Moe who slapped Larry, not Curley" in terms of who gives a fuck-ness (just made that up)

Frank

[John F. Carr]

Did Nixon subjectively think the tape would destroy him? Obviously he thought it would be politically damaging.

[Frank Drackman]

William Brennan, Eisenhower's Second biggest mistake.

[Syd Henderson]

I'm surprised US v. Nixon isn't case of the day. It's certainly a case that today's politicians should know.

[Syd Henderson]

I mean Josh's case of the day. It's certainly captcrisis' case of the day.

[Rev. Arthur L. Kirkland]

Captcrisis might have a future as a legitimate academic.

(Josh will always be welcome at Federalist Society events, militia gatherings, revival meetings, birther reunions, and QAnon conventions.)

[Dan Schiavetta]

Thanks, Arthur, but being an "illegitimate" academic is more fun!????

[Mr. Bumble]

Well, apparently being illegitimate doesn't carry the stigma it once did.

[Dan Schiavetta]

(meant to be a deviously smiling emoji at the end)

[Frank Drackman]

Reverend Arthur/Jerry Sandusky has gone
10 YEARS, 1 MONTH, 15 DAYS

without buggering any young men, (who knows, sure "The Reverend" went to Mass today)

*as far as we know, https://www.cor.pa.gov/Facilities/StatePrisons/Pages/Greene.aspx

Frank

[MoreCurious]

Don't you ever get tired of making stupid comments? Or can't you stop yourself from continually reinforcing for us how stupid you are?

[Rev. Arthur L. Kirkland]

The Volokh Conspiracy and Frank Drackman were made for each other.

[Frank Drackman]

So will Eric Holder/Barry Hussein/Hunter Biden/Hillary Rodman testify next year when Committee Chair Marjory Taylor Green Sub-Penis's them??? The future, I see, some Cold Dishes of Revenge served....

Frank

[Drbusybody]

I don't understand why Brennan has been forgotten. He was the last great liberal on the Supreme court. Liberals should lionize him instead of rbg. RBG was only a fraction of the liberal Brennan was.

[Rev. Arthur L. Kirkland]

Brennan has not been forgotten. I use a mug he gave to me every few days and remember what an important. accomplished American he was.

He is a large part of the reason the liberal-libertarian mainstream has won the culture war.

[Frank Drackman]

Reverend Arthur/Jerry Sandusky has gone
10 YEARS, 1 MONTH, 15 DAYS

without buggering any young men,

*as far as we know, https://www.cor.pa.gov/Facilities/StatePrisons/Pages/Greene.aspx

Hey (Man!) you get the "Reverend" Sandusky, Brennan, and "Father" Robert Drinan (D, MA) together after a few "After-Mass" Scotches, with a few Altar Boys....

Frank "Winning!"

[MoreCurious]

Let's be clear: the only thing you're "winning" is the contest for the award for this blog's stupidest commentor.

[Dan Schiavetta]

The competition is pretty fierce.

[Dan Schiavetta]

True. And he was possibly the Court’s greatest coalition builder. He kept finding ways to get to 5 votes even as the Court filled up with conservatives.

[Frank Drackman]

and thanks to him and his "Coalition" (was Roe v Wade really a "Coalition"? it was 7-2 pro infanticide, thanks to that Legal Genius Tricky Penis's Surpreme Picks) Amurica has 60 million fewer (lesser-er?) Afro-Amuricans! Yay Coalitions!

[Mr. Bumble]

Coalitions are over rated. Just a way to save face rather than make a hard decision.

[Sarcastr0]

Yeah, fuck working with and listening to other people to get things done.

[Rev. Arthur L. Kirkland]

" Coalitions are over rated. "

How else would a disaffected, antisocial, obsolete, fringe-dwelling misfit see modern America?

[Frank Drackman]

Reverend Arthur/Jerry Sandusky has gone
10 YEARS, 1 MONTH, 15 DAYS

without buggering any young men, (who knows, sure "The Reverend" went to Mass today)

*as far as we know, https://www.cor.pa.gov/Facilities/StatePrisons/Pages/Greene.aspx

Frank

[Sarcastr0]

Each if you want to get shit done for your side pick a builder like Brennan or a movement maker like Scalia. Don’t pick an unimaginative tool.

[Commenter_XY]

Sarcastr0, is getting to '5' important, or getting to 8 or 9?

I would argue getting to 8 or 9 is more important in the long run.

Justice Brennan was fond of saying he only needed to get to 5. I just don't think to 'get to 5' is the best way to go for SCOTUS.

[Mr. Bumble]

But were the majority of the decisions right on the law or were they more in line with Kagan's recent pronouncement about what the court should be doing?

[David Nieporent]

I mean, he hasn't been on the court in 32 years, longer than many online liberals have been alive. It's hardly surprising they'd be more interested in someone they experienced personally.

[Frank Drackman]

Wow, a little personal there, and could take umbrage, given that I talk to her nearly every day (No, don't live at home, I'm Jewish) and she taught me how to throw a curve, how to do a "Balk" pickoff move that wouldn't be called a "Balk", "Times Tables" up to zwanzig mal zwanzig, Periodic Table, World/State Capitals,
OK, didn't really stress the Grammar.
and would make a crack about your Crack Ho(Get it?) Momma, but I'm not that kind of guy, I attack the Messenger not the Crack Ho who pushed the Messenger out of her nasty Snatch,

No Offense, hey, Mutti's calling

Frank

[DaivdBehar]

Rhoid. Brilliant comment, bruh. Can you say it in Ebonics? Sounds better to my ear.

[Mr. Bumble]

Vying with the NYT and WaPo for a PuLLitzer for best fiction?

You're in the running for sure.

[MoreCurious]

Trying to get a moronic fifth grader like Frank to master the intricacies of typing and grammar is about as hopeless as getting him to read anything more complicated than an Archie comic book.

[Frank Drackman]

Hey, sorry I grew up in a (Literal) "Nuke-ular" (HT "W") Family...
in which my Dad was often away from home, flying B52's over our mortal enemies (Canada primarily, and "Veet-Nam") so Mom was my Baseball Coach, Basketball Coach, Football Coach,(conveniently she was an RN) Teacher, Advisor, Confidant, and what did Freud say about the subject?? (he was always saying something)
"A man who has been the indisputable favorite of his mother keeps for life the feeling of a conquerer, that confidence of success that often induces real success."

So sorry you didn't get the same experience with your Crack-Ho Mammy and whichever "Thug Life" happened to knock her up that night...

Frank

[Frank Drackman]

Saving your comment with Trump pulls the same Biden Bullshit in 0-24" (Somnolent/Sleepy/Demented/Infectious Joe barely won as an "Outsider" during a Pandemic, (in which he's had more deaths than Trump) not really sure the $9/gallon gas in 0-24" is really gonna help him....(I know, odds that Somnolent/Sleepy is even alive in 0-24 less than even) (not predicting assassination, it's just actuarial tables for demented 79 year olds)

Frank

[DaivdBehar]

Dude, great comment, Queenie.

[DaivdBehar]

Queenie. Fantastic comment, bruh.

[MoreCurious]

Agreed. I wonder if his mother knows he's down in the basement making a fool of himself on the Internet.

[DaivdBehar]

Queenie. Good comeback, bruh. Can you put it into Ebonics for the class?

[Frank Drackman]

Ebonics? anyone who's gone to Pubic School in the last 50 years is fluent . Shee-itt, Bee-otch!, Uze bee Trowin, Shade? I fock the Sheet out You you beeze not ...
OK it was about at that point I'd zone out when the Teacher would be talking to the Principal.... (Lot of Principals Fucking Teachers in "Intergrated"(i.e. 95% Afro-Amurican Pubic Screw-els)

[Frank Drackman]

Probably not, seeing as How I'm fucking the shit out of her right now (You really should call your mother more often)

Frank "Cow-a-bung-a!"

[Frank Drackman]

I meant to say that.

[Frank Drackman]

Best thing about RBG was her dying during DJT's term and getting ACB in under the wire. She could have resigned during BHO's term, but you know, HRC was going to be SO much better.....

[DaivdBehar]

Cool comment, bruh.