In a recent court filing, the special counsel emphasized the significance of the case involving USB Nixon, citing it as a precedent for a swift decision in the current case of Nixon v. Fitzgerald. Legal expert and former Nixon White House counsel, John Dean, weighed in on this development, highlighting the heightened importance of the current case. He explained that while the Nixon case centered around obtaining 64 secretly recorded conversations and preparing for trial with a few defendants, the stakes in Nixon v. Fitzgerald are even higher.
Dean expressed his belief that the Supreme Court is likely to grant the request made by Jack Smith, the prosecutor in the current case. He noted that any delay in the decision would play into the hands of former President Trump, who has often employed a strategy of delaying proceedings. Dean further emphasized that if the Supreme Court were influenced by Trump's tactics, it would have significant political implications.
When discussing the strategy of bypassing appeals courts and going directly to the Supreme Court, Dean explained that it has become more common in recent years. However, he highlighted that when Leon Jaworski did it in the Nixon case back in 1974, it was considered an unusual move. Dean pointed out that there have been approximately five or six cases in recent years where parties have taken this approach.
Addressing the distinction between the issues in USB Nixon and Nixon v. Fitzgerald, Dean clarified that the former was primarily focused on whether a president has privilege in a subpoena fight, while the latter centers around the question of criminal presidential immunity. Dean noted that in the Nixon case, the former president was not personally exposed in the criminal proceeding, as he was an unindicted co-conspirator. However, in the current case, the criminal liability of Nixon is at the heart of the matter. Dean explained that Nixon had hidden crucial evidence, which ultimately led to his resignation, as it contradicted his claims of non-involvement in the Watergate cover-up.
The importance of the outcome in Nixon v. Fitzgerald cannot be understated, and the special counsel's reference to the USB Nixon case as precedent highlights the gravity of the situation. As the legal proceedings unfold, all eyes will be on the Supreme Court and the impact its ruling will have on the case and potentially on the political landscape.
