...prosecution. The Court stated that the separation of powers must not be permitted to interfere with "the primary constitutional duty of the Judicial Branch to do justice in criminal prosecutions." The Court added that to permit such interference would plainly conflict with the function of the courts...

...Nixon, 418 US , (1974), the Supreme Court, considering another type of privilege, pointed out that : The impediment that an absolute, unqualified privilege...do justice in criminal prosecutions would plainly confilct with the function of the courts under Article III. The position of the Legislative Branch...

...is certainly only preliminary. The Supreme Court recently stated in the "Presidential tapes" case: " In designing the structure of our government and dividing and allocating the soverign power among three co-equal branches, the Framers of the Constitution sought to provide a comprehensive...

...unqualified presidential privilege of immunity from judicial process under all circumstances. ******* "The Impediment that an absolute, unqualified privilege...conflict with the function of the courts under Art. III. ******* "To read the Art II powers of the President as providing an absolute privilege as against a...

...privilege, pointed out that: The Impediment that an absolute, unqualified privilege would place 1n the way of the primary constitutional duty of the...plainly conflict with the function of the courts under Article III. The position of the Legislative Branch under Article I is surely no less in carrying out...

...commenting on this structure the Supreme Court, in an opinion authored by Chief Justice Burger, stated : In designing the structure of our government and dividing...sovereign power among three co-equal branches, the Farmers of the Constitution sought to provide a comprehensive system, but the separate powers were...

...the Supreme Court said that the absolute privilege claimed by the President would place an impediment "in the way of the primary constitutional duty of...Judicial Branch to do justice in criminal prosecutions," which "would plainly conflict with the function of the courts under Art. III."" In the contest of powers,...

...provide "5. The Chief Justice went on to say »that an absolute, unqualified privilege would [hinder] the primary constitutional duty of the Judicial Branch to do justice in criminal prosecutions [and] would plainly conflict with the function of the courts under Art. Ill« 176. The Court proceeded...

...of the same kind — a broad, undifferentiated claim of public interest. The Court had also stressed the "impediment that an absolute unqualified privilege would place in the way" of t criminal prosecution." The dictum applies with at least equal force to the impediment the President's...

...court will be obliged to provide," would be minimal and therefore that the claim was outweighed by "[t]he impediment that an absolute, unqualified privilege...primary constitutional duty of the Judicial Branch . . . ." Id., at 706-707. Unlike United States v. Nixon, in which appellant asserted a claim of absolute...