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TELCON
Robert Bork, Solicitor General/Kissinger
12:35 p.m. - 7/30/73
K:
Hello.
B:
Hello, Dr. Kissinger, Robert Bork.
K:
Yes, how are you
B:
Fine. I have in a few moments to go over before Justice Marshall in
a case in which a Judge in New York ordered the bombing of Cambodia
stopped - we got a stay of his order in the Court of Appeals. And it's
now in the Supreme Court. I think it will probably be in chambers but
it maybe in public with newspapers and press. Even if it is in chambers
the other side is bound to hold a press conference immediately after-
wards and I thought I should try to clear some questions with you.
In the first place Justice Marshall is likely to ask me whether the
President will in fact discontinu bombing in Cambodia on August 15.
K:
Unless there is an extension of Congressional authority.
B:
Second question is more difficult. If the order of the District Court
goes into effect will the President comply with it at once?
K:
I doubt it if you want my frank opinion.
B:
I think I better in that case just finesse it.
K:
I think that's an entirely new constitutional situation where a court
orders a war stopped.
B:
I think it is too.
K:
I don't know; I haven't discussed it with the President. My recommendation
would be no.
B:
I wouldn't get all embarrassed by that position but I don't think there's
any reason to take it today. Now in general.
K:
If the Supreme Court supports the District Court, can we then appeal
to the Supreme Court on the substance of the issue?
B:
Yes, but I think by the time we got all the up there August 15th would
have passed.
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"ocrText": "TELCON\nRobert Bork, Solicitor General/Kissinger\n12:35 p.m. - 7/30/73\nK:\nHello.\nB:\nHello, Dr. Kissinger, Robert Bork.\nK:\nYes, how are you\nB:\nFine. I have in a few moments to go over before Justice Marshall in\na case in which a Judge in New York ordered the bombing of Cambodia\nstopped - we got a stay of his order in the Court of Appeals. And it's\nnow in the Supreme Court. I think it will probably be in chambers but\nit maybe in public with newspapers and press. Even if it is in chambers\nthe other side is bound to hold a press conference immediately after-\nwards and I thought I should try to clear some questions with you.\nIn the first place Justice Marshall is likely to ask me whether the\nPresident will in fact discontinu bombing in Cambodia on August 15.\nK:\nUnless there is an extension of Congressional authority.\nB:\nSecond question is more difficult. If the order of the District Court\ngoes into effect will the President comply with it at once?\nK:\nI doubt it if you want my frank opinion.\nB:\nI think I better in that case just finesse it.\nK:\nI think that's an entirely new constitutional situation where a court\norders a war stopped.\nB:\nI think it is too.\nK:\nI don't know; I haven't discussed it with the President. My recommendation\nwould be no.\nB:\nI wouldn't get all embarrassed by that position but I don't think there's\nany reason to take it today. Now in general.\nK:\nIf the Supreme Court supports the District Court, can we then appeal\nto the Supreme Court on the substance of the issue?\nB:\nYes, but I think by the time we got all the up there August 15th would\nhave passed."
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