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EDITORIAL : NO PRESIDENTIAL IMMUNITY COURT SHOULD LET JONES' LAWSUIT RUN ITS NORMAL COURSE.


PRESIDENTS of the United States Presidents of the United States
President Political Party Dates in Office Vice President(s)
George Washington   1789–97 John Adams
John Adams Federalist 1797–1801 Thomas Jefferson
 are immune from lawsuits for damages arising from their official duties, even after they leave office, the U.S. Supreme Court ruled in 1982.

On Monday, the Supreme Court heard arguments on another piece of White House armor plating. This time, the issue is whether President Clinton can postpone - until he leaves the White House - dealing with a civil lawsuit for alleged acts unrelated to his official duties.

If the court agrees with the president on this, then Paula Corbin Jones' sexual-harassment lawsuit against him - alleging that he propositioned her in 1991 when he was governor of Arkansas and she was an Arkansas state employee - will be put on hold for four years.

But if the Supreme Court disagrees with the president, the litigation An action brought in court to enforce a particular right. The act or process of bringing a lawsuit in and of itself; a judicial contest; any dispute.

When a person begins a civil lawsuit, the person enters into a process called litigation.
 will go forward while he is in office. That could be embarrassing to the president and might even be interpreted in some quarters as an embarrassment to the presidency itself.

Still, it's worth that risk. For if the Supreme Court shields him even temporarily from a lawsuit unrelated to his official duties, it will set this democracy on a course of worse embarrassment by advancing the view of an imperial presidency Imperial Presidency is a term that became popular in the 1960s and that served as the title of a 1973 volume by historian Arthur M. Schlesinger, Jr. to describe the modern presidency of the United States. . What's actually needed is the opposite - the demystification of the presidency and clearer identification of him as a citizen.

We certainly recognize that allowing the litigation to proceed might encourage more lawsuits against sitting presidents. But the courts have the power to discourage frivolous Of minimal importance; legally worthless.

A frivolous suit is one without any legal merit. In some cases, such an action might be brought in bad faith for the purpose of harrassing the defendant.
 lawsuits and push for settlements when appropriate.

There are some who agree with the president on this, out of a belief that courts can't require a president to respond to lawsuits because of the constitutional separation of powers separation of powers: see Constitution of the United States.
separation of powers

Division of the legislative, executive, and judicial functions of government among separate and independent bodies.
 between the judicial and executive branches. However, it's not unreasonable for the court to require the president to set aside a few days when his schedule will permit time for the litigation.

The situation is exactly as Justice Antonin Scalia described it Monday: ``We see presidents riding on horseback on the back of a horse; mounted or riding on a horse or horses; in the saddle.

See also: Horseback
, chopping firewood, playing golf. . . . The notion that he doesn't have a minute to spare is not credible.''

Or, as Justice David H. Souter said to President Clinton's lawyer, Robert Bennett Robert Bennett or Bob Bennett is the name of:
  • Robert Bennett (Melbourne mayor) (1822-1881), mayor of Melbourne (1861-1862).
  • Robert Russell Bennett (1894-1981), composer.
  • Robert Howard Bennett, 1948 Olympics bronze medalist in hammer throw.
, regarding Jones' lawsuit: ``It's going to keep you busy, but the president isn't going to be attending all these depositions.''

The chief executive is busy, but he delegates much responsibility and will continue doing that. The notion that a president is entitled en·ti·tle  
tr.v. en·ti·tled, en·ti·tling, en·ti·tles
1. To give a name or title to.

2. To furnish with a right or claim to something:
 to blanket protection, either because he's too busy or for constitutional reasons, reflects a distorted view of his role in the American democracy.
COPYRIGHT 1997 Daily News
No portion of this article can be reproduced without the express written permission from the copyright holder.
Copyright 1997, Gale Group. All rights reserved. Gale Group is a Thomson Corporation Company.

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Publication:Daily News (Los Angeles, CA)
Article Type:Editorial
Date:Jan 14, 1997
Words:426
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