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4520893
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Reports on Recent Legal Matters
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doc
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document
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1
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id
4520893
sourceUrl
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document
title
Reports on Recent Legal Matters
citationUrl
collections
Philip W. Buchen Files
Philip Buchen's General Subject Files
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Law and legislation
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4520893
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1975-03-01
month
3
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1975
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1975-03-01
month
3
year
1975
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The original documents are located in Box 59, folder "Reports on Recent Legal Matters" of
the Philip Buchen Files at the Gerald R. Ford Presidential Library.
Copyright Notice
The copyright law of the United States (Title 17, United States Code) governs the making of
photocopies or other reproductions of copyrighted material. Gerald R. Ford donated to the United
States of America his copyrights in all of his unpublished writings in National Archives collections.
Works prepared by U.S. Government employees as part of their official duties are in the public
domain. The copyrights to materials written by other individuals or organizations are presumed to
remain with them. If you think any of the information displayed in the PDF is subject to a valid
copyright claim, please contact the Gerald R. Ford Presidential Library.
Report-
THE WHITE House
Weakly
WASHINGTON
Mr. Buchen:
This is our first
law report from the
Counsel's office 1
Day
BERALD T FORD LIBRARY
March 14, 1975
RECENT SIGNIFICANT LEGAL MATTERS
1. Suits against Federal officials.
In Miller, et al., V. Saxbe, et al., Judge Gesell of the United States
District Court for the District of Columbia held the doctrine of
official immunity inapplicable as a bar to a suit against eleven (11)
present and former Justice Department officials, including former
Attorney General Saxbe, in their personal capacities, for conspiracy
to deny two black U. S. Deputy Marshals equal job opportunities on
the basis of race. In the past, the courts have breached this
doctrine only in the most compelling and extreme cases, far beyond
the facts here. In his. chambers, the Judge indicated his view that
these officials should retain private counsel. However, there is no
court order to this effect, and the Department of Justice intends to
continue to represent the officials, as well as to vigorously object
to any lessening of the official immunity doctrine.
2. Individual Privacy and the rights of broadcasters.
In Cox Broadcasting Corp., et al. V. Cohn, the Supreme Court held
unconstitutional a Georgia statute, grounded on the right to privacy,
which prohibited disclosure by the news media of the names of rape
victims when these names were part of the public court record.
- 2 -
This decision would seem to portend a similar result in former
President Nixon's suit to block the broadcast and distribution of
the recorded conversations which were played into evidence in the
recent Watergate cover-up trial.
3. Presidential materials.
Nixon V. Administrator of General Services. A hearing is scheduled
on Monday, March 17, before a three-judge panel of the United
States District Court for the District of Columbia in former President
Nixon's suit attacking the constitutionality of the Presidential
Recordings and Materials Preservation Act. The hearing will deal
primarily with two issues: Is it proper for a three-judge panel to
sit to hear this case on its merits; and, if so, what treatment should
be accorded Judge Richey's earlier opinion (now stayed) in Nixon V.
Sampson, et al.
R. FORD
THE