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Nixon v. Fitzgerald , 457 U.S. 731 (1982), was a United States Supreme Court decision written by Justice Lewis Powell dealing with presidential immunity from civil liability for actions taken while in office.
The next year in Halperin v. Kissinger, the D.C. Circuit extended that logic to Nixon, who had by then resigned. [10] In 1978, whistleblower A. Ernest Fitzgerald added former president Nixon to his suit against several officials involved in his firing from the Department of the Air Force. [14] This resulted in the collateral appeal Nixon v.
In 1982, the Supreme Court held in Nixon v. Fitzgerald that the president enjoys absolute immunity from civil litigation for official acts undertaken while in office. [11] The Court suggested that this immunity was broad (though not limitless), applying to acts within the "outer perimeter" of the president's official duties. [11]
The case began in 1978 when Arthur Fitzgerald – a former contractor for the US Air Force – sued Nixon and other White House aides for damages after he lost his job after giving testimony to ...
He pointed to legal sources expressing this protection ranging from the Federalist Papers to the seminal Supreme Court case of Nixon v. Fitzgerald. That civil case established an extremely ...
Fitzgerald filed a civil lawsuit against Nixon and other government officials. Nixon contended that as president he enjoyed immunity for actions he took while in office. The trial court and the appellate court rejected Nixon's claim. [6] Nixon appealed to the United States Supreme Court, which ruled in Nixon v.
Nixon, Nixon v. Fitzgerald , and Clinton v. Jones were consistent with its 1973 opinion, and while the OLC reiterated its position that "The indictment or criminal prosecution of a sitting President would unconstitutionally undermine the capacity of the executive branch to perform its constitutionally assigned functions", the OLC acknowledged ...
Fitzgerald to support Trump's argument, while Smith attorneys cited United States v. Nixon, the 1974 unanimous Supreme Court decision rejecting Nixon's claim of "absolute, unqualified Presidential privilege of immunity from judicial process under all circumstances." Smith attorneys argued the Fitzgerald precedent, which found presidents enjoy ...