Nixon v Fitzgerald

Nixon v Fitzgerald - Nixon v Fitzgerald 1968 I Facts a In...

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Nixon v. Fitzgerald 1968 I. Facts a. In 1968, Fitzgerald, then a civilian analyst with the United States Air Force, testified before a congressional committee about inefficiencies and cost overruns in the production of the C-5A transport plane. Roughly one year later he was fired, an action for which President Nixon took responsibility. Fitzgerald then sued Nixon for damages after the Civil Service Commission concluded that his dismissal was unjust. b. II. Legal Questions presented a. Was the President immune from prosecution in a civil suit? b. III. Answers a. Yes. The Court held that the President "is entitled to absolute immunity from damages liability predicated on his official acts." This sweeping immunity, argued Justice Powell, was a function of the "President's unique office, rooted in the constitutional tradition of separation of powers and supported by our history." b. In a 5-4 decision, the Supreme Court ruled that the President is entitled to absolute immunity from liability
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Nixon v Fitzgerald - Nixon v Fitzgerald 1968 I Facts a In...

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