clinton jones argued january decided may held need address two important constitutional issues encompassed within questions presented certioraripetition whether claim comparable petitioner assertion immunity might succeed state tribunal whether may compel president attendance specific time place pp deferral litigation petitioner presidency ends constitutionally required pp petitioner principal submission exceptional cases constitution affords president temporary immunity civil damages litigation arising events occurred took office sustained basis precedent principal rationale affording presidents immunity damages actions based official acts enable perform designated functions effectively without fear particular decision may give rise personal liability see nixon fitzgerald provides support immunity unofficial conduct moreover immunities acts clearly within official capacity grounded nature function performed identity actor performed forrester white also unpersuaded petitioner historical evidence sheds little light question issue largely canceled conflicting evidence consistent doctrine presidential immunity set forth fitzgerald rejection immunity claim case pp separation powers doctrine require federal courts stay private actions president leaves office even accepting unique importance presidency constitutional scheme follow doctrine violated allowing action proceed doctrine provides self executing safeguard encroachment aggrandizement one three co equal branches government expense another buckley valeo case suggestion federal judiciary asked perform function might way described executive respondent merely asking courts exercise core article iii jurisdiction decide cases controversies whatever outcome possibility decision curtail scope executive branch official powers rejects petitioner contention case well potential additional litigation affirmance eighth circuit judgment might spawn may place unacceptable burdens president hamper performance official duties assertion finds little support either history evidenced paucity suits sitting presidents private actions therelatively narrow compass issues raised particular case greater significance settled judiciary may severely burden executive branch reviewing legality president official conduct see youngstown sheet tube sawyer may direct appropriate process president see nixon must follow federal courts power determine legality president unofficial conduct reasons rejecting categorical rule requiring federal courts stay private actions president term apply well rule petitioner words require stay exceptional cases pp contrary eighth circuit ruling district stay order functional equivalent unconstitutional grant temporary immunity rather district broad discretion stay proceedings incident power control docket see landis north american moreover potential burdens president posed litigation appropriate matters evaluate management case high respect owed presidency matter inform conduct entire proceeding nevertheless district stay decision abuse discretion took account importance respondent interest bringing case trial premature nothing record enable judge assess whether postponement trial completion discovery warranted pp persuaded seriousness alleged risks decision generate large volume politically motivated harassing frivolous litigation national security concerns might prevent president explaining legitimate need continuance confidence ability federal judges deal concerns congress deems appropriate afford president stronger protection may respond legislation pp affirmed stevens delivered opinion rehnquist scalia kennedy souter thomas ginsburg joined breyer filed opinion concurring judgment notice opinion subject formal revision publication preliminary print reports readers requested notify reporter decisions wash ington typographical formal errors order corrections may made preliminary print goes press william jefferson clinton petitioner paula corbin jones writ certiorari appeals eighth circuit may justice stevens delivered opinion case raises constitutional prudential question concerning office president respondent private citizen seeks recover damages current occupant office based actions allegedly taken term began president submits exceptional cases constitution requires federal courts defer litigation term ends event respect office warrants stay despite force arguments supporting president submissions conclude must rejected petitioner william jefferson clinton elected presidency elected term office expires january governor state arkansas respondent paula corbin jones resident california lived arkansas employee arkansas industrial development commission may commenced action district eastern district arkansas filing complaint naming petitioner danny ferguson former arkansas state police officer defendants complaint alleges two federal claims two state law claims federal jurisdiction diverse citizenship parties case comes us required assume truth detailed yet untested factual allegations complaint allegations principally describe events said occurred afternoon may official conference held excelsior hotel little rock arkansas governor delivered speech conference respondent working state employee staffed registration desk alleges ferguson persuaded leave desk visit governor business suite hotel made abhorrent sexual advances vehemently rejected claims superiors work subsequently dealt hostile rude manner changed duties punish rejecting advances finally alleges petitioner elected president ferguson defamed making statement reporter implied accepted petitioner alleged overtures various persons authorized speak president publicly branded liar denying incident occurred respondent seeks actual damages punitive damages complaint contains four counts first charges petitioner acting color state law deprived rights protected constitution violation rev stat second charges petitioner andferguson engaged conspiracy violate federal rights also actionable federal law see rev stat third state common law claim intentional infliction emotional distress grounded primarily incident hotel fourth count also based state law defamation embracing comments allegedly made press ferguson statements petitioner agents inasmuch legal sufficiency claims yet challenged assume without deciding four counts cause action matter law exception last charge arguably may involve conduct within outer perimeter president official responsibilities perfectly clear alleged misconduct petitioner unrelated official duties president indeed occurred elected office response complaint petitioner promptly advised district intended file motion dismiss grounds presidential immunity requested defer pleadings motions immunity issue resolved relying cases holding immunity questions decided earliest possible stage litigation supp ed ark recognition singular importance president duties quoting nixon fitzgerald fact question require analysis allegations complaint granted request petitioner thereupon filed motion dismiss without prejudice toll statutes limitation may applicable longer president time plaintiff may refile instant suit record doc extensive submissions made district parties department justice district judge denied motion dismiss immunity grounds ruled discovery case go forward ordered trial stayed end petitioner presidency supp ed ark although recognized thin majority nixon fitzgerald held president absolute immunity civil damage actions arising execution official duties office convinced president absolute immunity civil causes action arising prior assuming office however persuaded reasoning opinion fitzgerald deferring trial one required appropriate relying part fact respondent failed bring complaint two days beforethe year period limitations expired concluded public interest avoiding litigation might hamper president conducting duties office outweighed demonstrated need immediate trial parties appealed divided panel appeals affirmed denial motion dismiss regarded order postponing trial president leaves office functional equivalent grant temporary immunity reversed order writing majority judge bowman explained president like government officials subject laws apply members society find case public official ever granted immunity suit unofficial acts rationale official immunity inapposite personal private conduct president issue majority specifically rejected argument unless immunity available threat judicial interference executive branch scheduling orders potential contempt citations sanctions violate separation powers principles judge bowman suggested judicial case management sensitive burdens presidency demands president schedule avoid perceived danger dissent judge ross submitted even though holding fitzgerald involved official acts logic opinion placed primary reliance prospect president discharge constitutional powers duties impaired subject suits damages applies equal force case view unless exigent circumstances shown private actionsfor damages sitting president must stayed completion term ibid case judge ross saw reason stay prevent respondent ultimately obtaining adjudication claims response dissent judge beam wrote separate concurrence suggested prolonged delay may well create significant risk irreparable harm respondent unforeseeable loss evidence possible death party moreover argued civil rights cases brought public interest ordinary citizen timely vindication fundamental rights alleged abuse power government officials view dissent concern judicial interference functioning presidency greatly overstated ibid neither involvement prior presidents litigation either parties witnesses character relatively uncomplicated civil litigation indicated threat serious finally saw basis staying discovery trial claims trooper ferguson president represented private counsel filed petition certiorari solicitor general representing supported petition arguing decision appeals fundamentally mistaken created serious risks institution presidency brief opposition certiorari respondent argued one kind case singularly inappropriate exercise certiorari jurisdiction create conflict among courts appeals pose conceivable threat functioning executive branch precedent supporting president position decision grant petition expressed judgment concerning merits case reflect appraisal importance representations made behalf executive branch potential impact precedent established appeals merit respectful deliberate consideration true often stressed importance avoiding premature adjudication constitutional questions doctrine avoidance however applicable entire federal judiciary cf arizonans official english arizona comes play acquired jurisdiction case dictatea discretionary denial every certiorari petition raising novel constitutional question however make appropriate identify two important constitutional issues encompassed within questions presented petition certiorari need address today first claim immunity asserted federal relies heavily doctrine separation powers restrains three branches federal government encroaching domain two see buckley valeo necessary consider decide whether comparable claim might succeed state tribunal case heard state forum instead advancing separation powers argument petitioner presumably rely federalism comity concerns well interest protecting federal officials possible local prejudice underlies authority remove certain cases brought federal officers state afederal see mesa california whether concerns present compelling case immunity question us second decision rejecting immunity claim allowing case proceed require us confront question whether may compel attendance president specific time place assume testimony president discovery use trial may taken white house time accommodate busy schedule trial held necessity president attend person though elect petitioner principal submission exceptional cases brief petitioner constitution affords president temporary immunity civil damages litigation arising events occurred took office sustained basis precedent three sitting presidents defendants civil litigation involving actions prior taking office complaints theodore roosevelt harry truman dismissed took office dismissals affirmed respective inaugurations two companion cases arising automobile accident filed john kennedyin presidential campaign taking office unsuccessfully argued status commander chief gave right stay soldiers sailors civil relief act app motion stay denied district matter settled thus none cases sheds light constitutional issue us principal rationale affording certain public servants immunity suits money damages arising official acts inapplicable unofficial conduct cases involving prosecutors legislators judges repeatedly explained immunity serves public interest enabling officials perform designated functions effectively without fear particular decision may give rise personal liability explained ferri ackerman public servants prosecutor judge represent interest society whole conduct official duties may adversely affect wide variety different individuals may potential source future controversy societal interest providing public officials maximum ability deal fearlesslyand impartially public large long recognized acceptable justification official immunity point immunity officials forestall atmosphere intimidation conflict resolve perform designated functions principled fashion reasoning provides support immunity unofficial conduct explained fitzgerald sphere protected action must related closely immunity justifying purposes president broad responsibilities werecognized case immunity damages claims arising official acts extending outer perimeter authority never suggested president official immunity extends beyond scope action taken official capacity see burger concurring noting president like members congress judges prosecutors congressional aides absolute immunity immune acts outside official duties see also moreover defining scope immunity acts clearly taken within official capacity applied functional approach frequently decisions held official absolute immunity extend acts performance particular functions office hence example judge absolute immunity extend actions performed purely administrative capacity see forrester white opinions made clear immunities grounded nature function performed identity actor performed petitioner effort construct immunity suit unofficial acts grounded purely identity office unsupported precedent also unpersuaded evidence historical record petitioner called attention points comment thomas jefferson protesting subpoena duces tecum chief justice marshall directed burr trial statement diaries kept senator william maclay first senate debates vice president john adams senator oliver ellsworth recorded said president personally subject process whatever lest put power common justice exercise authority stop whole machine government quotation justice story commentaries constitution none sources sheds much light question hand respondent turn called attention conflicting historical evidence speaking favor constitution adoption pennsylvania convention james wilson participated philadelphia convention document drafted explained although president placed high single privilege annexed character far laws amenable private character citizen public character impeachment elliot debates federal constitution ed emphasis omitted description consistent doctrine presidential immunity set forth fitzgerald rejection immunity claim case respect acts taken public character official acts president may disciplined principally impeachment private lawsuits damages otherwise subject laws purely private acts end applied particular question us reach conclusion historical materials justice jackson described confronted issue concerning dimensions president power forefathers envision envisioned foreseen modern conditions must divined materials almost enigmatic dreams joseph called upon interpret pharoah century half partisan debate scholarly speculation yields net result supplies less apt quotations respected sources side largely canceleach youngstown sheet tube sawyer concurring opinion petitioner strongest argument supporting immunity claim based text structure constitution contend occupant office president law sense conduct entirely immune judicial scrutiny president argues merely postponement judicial proceedings determine whether violated law argument grounded character office created article ii constitution relies separation powers principles structured constitutional arrangement since founding starting premise petitioner contends occupies unique office powers responsibilities vast important public interest demands devote undivided time attention public duties submits given nature office doctrine separation powers places limits authority federal judiciary interfere executive branch transgressed allowing action proceed dispute initial premise argument former presidents george washingtonto george bush consistently endorsed petitioner characterization office serving term lyndon johnson observed nights president many got sleep mornings wake twenty fifth amendment constitution adopted ensure continuity performance powers duties office one sponsors amendment stressed importance providing times president complete control able perform duties justice jackson pointed presidency concentrates executive authority single head whose choice whole nation part making focus public hopes expectations drama magnitude finality decisions far overshadow others almost alone fills public eye ear youngstown sheet tube sawyer jackson concurring short long recognized unique position constitutional scheme office occupies fitzgerald thus suspect even ourmodern era remains truth chief justice marshall suggestion duties presidency entirely unremitting burr cas cc accept initial premise executive argument follow however separation powers principles violated allowing action proceed doctrine separation powers concerned allocation official power among three co equal branches government framers built tripartite federal government self executing safeguard encroachment aggrandizement one branch expense buckley valeo thus example congress may exercise judicial power revise final judgments plaut spendthriftfarm executive power manage airport see metropolitan washington airports authority citizens abatement aircraft noise holding power executive constitution permit agent congress exercise see hampton congress may invest members either executive power judicial power similarly president may exercise legislative power authorize seizure private property public use youngstown judicial power decide cases controversies include provision purely advisory opinions executive permit federal courts resolve nonjusticiable questions course lines powers three branches always neatly defined see mistretta case suggestion federal judiciary asked perform function might way described executive respondent merely asking courts exercise core article iii jurisdiction decide cases controversies whatever outcome case possibility decision curtail scope official powers executive branch litigation questions relate entirely unofficial conduct individual happens president poses perceptible risk misallocation either judicial power executive power rather arguing decision case produce either aggrandizement judicial power narrowing executive power petitioner contends product otherwise traditional exercise judicial power burdens placed president hamper performance official duties recognized ven branch arrogate power separation powers doctrine requires branch impair another performance constitutional duties loving slip see also nixon administrator general services factual matter petitioner contends particular case well potential additional litigation affirmance appeals judgment might spawn may impose unacceptable burden president time energy thereby impair effective performance office petitioner predictive judgment finds little support either history relatively narrow compass issues raised particular case already noted year history republic three sitting presidents subjected suits private actions see supra past indicator seems unlikely deluge litigation ever engulf presidency case hand properly managed district appears us highly unlikely occupy substantial amount petitioner time greater significance petitioner errs presuming interactions judicial branch theexecutive even quite burdensome interactions necessarily rise level constitutionally forbidden impairment executive ability perform constitutionally mandated functions ur system imposes upon branches degree overlapping responsibility duty interdependence well independence absence preclude establishment nation capable governing effectively mistretta quoting buckley madison explained separation powers mean branches partial agency controul acts fact federal exercise traditional article iii jurisdiction may significantly burden time attention chief executive sufficient establish violation constitution two long settled propositions first announced chief justice marshall support conclusion first long held president takes official action authority determine whether acted within law perhaps dramatic example case holding president truman exceeded constitutional authority issued order directing secretary commerce take possession operate nation steel mills order avert national catastrophe youngstown sheet tube sawyer despite serious impact decision ability executive branch accomplish assigned mission substantial time president must necessarily devoted matter result judicial involvement exercised article iii jurisdiction todecide whether official conduct conformed law holding application principle established marbury madison cranch emphatically province duty judicial department say law second also settled president subject judicial process appropriate circumstances although thomas jefferson apparently thought otherwise chief justice marshall presiding treason trial aaron burr ruled subpoena duces tecum directed president burr cas cc unequivocally emphatically endorsed marshall position held president nixon obligated comply subpoena commanding produce certain tape recordings conversations aides nixon explained neither doctrine separation powers need confidentiality high level communications without sustain absolute unqualified presidential privilege immunity judicial process circumstances sitting presidents responded orders provide testimony information sufficient frequency interactions judicial executive branches scarcely thought novelty president monroe responded written interrogatories see rotunda presidents ex presidents witnesses brief historical president nixon noted produced tapes response subpoena duces tecum see nixon president ford complied order give deposition criminal trial fromme supp ed cal president clinton twice given videotaped testimony criminal proceedings see mcdougal supp ed ark branscum ed june moreover sitting presidents also voluntarily complied judicial requests testimony president grant gave lengthy deposition criminal case circumstances rotunda nowak treatise constitutional law ed president carter similarly gave videotaped testimony use criminal trial ibid sum settled law separation powers doctrine bar every exercise jurisdiction president fitzgerald judiciary may severely burden executive branch reviewing legality president official conduct may direct appropriate process president mustfollow federal courts power determine legality unofficial conduct burden president time energy mere product review surely considered onerous direct burden imposed judicial review occasional invalidation official actions therefore hold doctrine separation powers require federal courts stay private actions president leaves office reasons rejecting categorical rule apply well rule require stay exceptional cases brief petitioner indeed framers constitution thought necessary protect president burdens private litigation think far likely adopted categorical rule rule required president litigate question whether specific case belonged exceptional case subcategory events question whether specific case receive exceptional treatment appropriately subject exercise judicial discretion interpretation constitution accordingly turn question whether district decision stay trial petitioner leaves office abuse discretion appeals described district discretionary decision stay trial functional equivalent grant temporary immunity concluding petitioner constitutionally entitled immunity held error grant stay ibid although ultimately conclude stay granted think issue difficult opinion appeals suggests strictly speaking stay functional equivalent constitutional immunity petitioner claimed district ordered discovery proceed moreover stay either trial discovery might justified considerations require recognition constitutional immunity district broad discretion stay proceedings incident power control docket see landis north american explained specially cases extraordinary public moment plaintiff may required submit delay immoderate extent oppressive consequences public welfare convenience thereby promoted although rejected argument potential burdens president violate separation powers principles burdens appropriate matters district evaluate management case high respect owed office chief executive though justifying rule categorical immunity matter inform conduct entire proceeding including timing scope discovery nevertheless persuaded abuse discretion district defer trial president leaves office lengthy categorical stay takes account whatever respondent interest bringing case trial complaint filed within statutory limitations period albeit near end period delaying trial increase danger prejudice resulting loss evidence including inability witnesses recall specific facts possible death party decision postpone trial furthermore premature proponent stay bears burden establishing need case stage district made ruling way assess whether stay trial completion discovery warranted fact trial may consume president time attention nothing record enable judge assess potential harm may ensue scheduling trial promptly discovery concluded think district courtmay given undue weight concern trial might generate unrelated civil actions conceivably hamper president conducting duties office occur discretion permit manage actions fashion including deferral trial interference president duties occur impingement upon president conduct office shown add final comment two matters discussed length briefs risk decision generate large volume politically motivated harassing frivolous litigation danger national security concerns might prevent president explaining legitimate need continuance persuaded either risks serious frivolous vexatious litigation terminated pleading stage summary judgment little personal involvement defendant see fed rules civ proc moreover availability sanctions provides significant deterrent litigation directed president unofficial capacity purposes political gain harassment history indicates likelihood significant number cases filed remote although scheduling problems may arise reason assume district courts either unable accommodate president needs unfaithful tradition especially matters involving national security giving utmost deference presidential responsibilities several presidents including petitioner given testimony without jeopardizing nation security see supra short confidence ability federal judges deal concerns congress deems appropriate afford president stronger protection may respond appropriate legislation petitioner notes brief congress enacted one statute providing deferral civil litigation accommodate important public interests brief petitioner see litigation debtor stayed upon filing bankruptcy petition soldiers sailors civil relief act app provisions governing inter alia tolling stay civil claims military personnel course active duty constitution embodied rule president advocates congress course repeal holding today raises barrier statutory response concerns federal district jurisdiction decide case like every citizen properly invokes jurisdiction respondent right orderly disposition claims accordingly judgment appeals affirmed ordered footnotes see jurisdiction federal claims authorized complaint matter us see jones clinton address question whether president immunity damages liability acts taken within outer perimeter official responsibilities provides defense fourth count complaint see nixon fitzgerald record doc see supp ed ark see app pet cert explained nowhere constitution congressional acts writings judge scholar may credible support proposition found contrary form government asserts english magna carta petition right even sovereign subject god law ibid although noted district initial order permitted discovery go forward later stayed discovery pending outcome appeals immunity issue supp ed ark dissent judge mcmillian appeals denied suggestion rehearing en banc brief support petition brief opposition explained one doctrine deeply rooted process constitutional adjudication pass questions constitutionality unless adjudication unavoidable spector motor service mclaughlin long considered practice decide abstract hypothetical contingent questions decide constitutional question advance necessity decision formulate rule constitutional law broader required precise facts applied decide constitutional question except reference particular facts applied alabama state federation labor mcadory habit decide questions constitutional nature unless absolutely necessary decision case burton rescue army municipal los angeles two questions presented certiorari petition whether litigation private civil damages action incumbent president must exceptional cases deferred president leaves office whether district proper exercise judicial discretion may stay litigation president leaves office review confined issues see rule supremacy clause makes federal law law land art vi cl direct control state president principal responsibility ensure laws faithfully executed art ii may implicate concerns quite different interbranch separation powers questions addressed hancock train mayo see tribe american constitutional law ed absent explicit congressional consent state may command federal officials take action derogation federal responsibilities although presidents responded written interrogatories given depositions provided videotaped trial testimony see infra sitting president ever testified ordered testify open see people ex rel hurley roosevelt devault truman mo see bailey kennedy cal super hills kennedy cal super see cases defined immunities state local officials actions filed see imbler pachtman prosecutorial immunity tenney brandhove legislative immunity pierson ray judicial immunity rationale underlying official immunity jurisprudence cases alleging constitutional violations brought federal officials similar see butz economou petitioner draws attention dicta fitzgerald suggests helpful cause noted ecause singular importance president duties diversion energies concern private lawsuits raise unique risks effective functioning government suggested ognizance personal vulnerability frequently distract president public duties petitioner argues aspect concern parallel issue suggests great importance case possibility sitting president might distracted need participate litigation pendency office context however clear dominant concern diversion president attention decisionmaking process caused needless worry possibility damages actions stemming particular official decision moreover fitzgerald present issue raised case decision involved claims former president jefferson view subpoena jeopardized separation powers subjecting executive branch judicial command see works thomas jefferson ford ed fitzgerald quoting jefferson comments documentary history first federal congress bowling veit diary william maclay see story commentaries constitution pp jefferson argument provides little support respondent position explain later prerogative jefferson claimed denied chief justice decision jefferson protesting subsequently reaffirmed holding see nixon statements supporting similar proposition recorded senator maclay diary inconclusive issue us reason addition material hardly proof unequivocal common understanding time founding immediately mentioning positions adams ellsworth maclay went point diary virulently disagreed concluding opponents view hows clearly amazingly fond old leven many people diary maclay finally justice story comments constitutional law treatise provide substantial support respondent position story wrote president incidental powers must include power perform duties without obstruction therefore liable arrest imprisonment detention discharge duties office purpose person must deemed civil cases least possess official inviolability story emphasis added story said official inviolability ibid emphasis added necessary preserve president ability perform functions office specify dimensions necessary immunity held immunity suits grounded official acts necessary serve purpose see fitzgerald follow broad immunity civil damages suits petitioner seeks also necessary reason argument place reliance english ancestry informs common law jurisprudence claim prerogatives monarchs asserted king wrong see blackstone commentaries although adopted related doctrine sovereign immunity common law fiction king incapable wrong even thinking wrong rejected birth republic see nevada hall nn langford see tourtellot presidents presidency citing comments among others george washington john quincy adams benjamin harrison theodore roosevelt william howard taft woodrow wilson finer presidency crisis regeneration citing similar remarks number presidents including james monroe james polk harry truman johnson vantage point amendment sets forth inter alia elaborate procedure presidential succession event chief executive becomes incapacitated see amdt cong rec remarks bayh noted fitzgerald article ii constitution provides executive power shall vested president ofthe grant authority establishes president chief constitutional officer executive branch entrusted supervisory policy responsibilities utmost discretion sensitivity include enforcement federal law president charged constitutionally take care laws faithfully executed conduct foreign affairs realm recognized intolerable courts without relevant information review perhaps nullify actions executive taken information properly held secret management executive branch task imperative reasons requir unrestricted power president remove important subordinates important duties footnotes omitted see loving slip mistretta concern encroachment aggrandizement animated separation powers jurisprudence federalist cooke ed great security gradual concentration several powers department consists giving administer department necessary constitutional means personal motives resist encroachments others see also klein wall noting congress inadvertently passed limit separates legislative judicial power see also bowsher synar structure constitution permit congress execute laws cf ins chadha springer philippine islands see ferreira hayburn case dall explained chicago southern air lines waterman early wisely determined give advisory opinions even asked chief executive generally broadly stated executive administrative duties nonjudicial nature may imposed judges holding office art iii constitution morrison olson quoting buckley valeo restrictions judicial activities help ensure independence judicial branch prevent judiciary encroaching areas reserved branches see also mistretta long held federal courts may resolve matters see luther borden explained nixon controversy nonjusticiable involves political question textually demonstrable constitutional commitment issue coordinate political department lack judicially discoverable manageable standards resolving baker carr courts must first instance interpret text question determine whether extent issue textually committed see ibid powell mccormack see also olson nixon administrator general services nixon youngstown sheet tube sawyer jackson concurring fitzgerald able discount lack historical support proposition official capacity actions president posed serious threat office ground right sue federal officials damages result constitutional violations recently recognized see fitzgerald bivens six unknown fed narcotics agents situation respect suits president actions taken private capacity quite different suits may grounded legal theories always applicable potential defendant moreover president contact far fewer people private life official capacity class potential plaintiffs considerably smaller risk litigation less intense federalist pp cooke ed emphasis original see mistretta nixon administrator general services decision rendered jefferson expressed distress letter prosecutor trial noting constitution enjoins president constant agency concerns millions people works thomas jefferson ford ed asked law paramount calls behalf single one ibid see also fitzgerald quoting jefferson comments length chief justice marshall answer quite plainly yes course follow may proceed president ordinary individual nixon quoting burr cas cc special caution appropriate materials testimony sought relate president official activities respect interest inpreserving confidentiality weighty indeed entitled great respect made clear criminal case powerful interest fair administration criminal justice requires evidence given appropriate circumstances lest integrity judicial system eroded doubt truth learned hand comment lawsuit dread ed beyond almost anything else short sickness death association bar city new york lectures legal topics recognize president like official private citizen may become distracted preoccupied pending litigation presidents officials face variety demands time however private political result official duty distractions may vexing subjected ordinarily implicate constitutional separation powers concerns although claims fact analytically distinct district appear drawn distinction rather basing decision particular factual findings might buttressed exercise discretion district instead suggested discretionary stay supported legal conclusion stay required fitzgerald see therefore reject petitioner argument lack jurisdiction respondent cross appeal district alternative holding decision also permitted inter alia equity powers ibid appeals correctly found pendant appellate jurisdiction issue proper see district legal ruling president protected temporary immunity trial discovery inextricably intertwined swint chambers county suggestion discretionary stay effect might proper indeed review latter decision necessary ensure meaningful review former ibid see fed rule civ proc chambers nasco noting informed discretion neither statute rules task may safely rely inherent power imposing appropriate sanctions sanctions may set level sufficient deter repetition conduct comparable conduct others similarly situated fed rule civ proc rule indicates sanctions may appropriate claim presented improper purpose harass including claim based allegations factual contentions lacking evidentiary support unlikely prove well groundedafter reasonable investigation rules nixon see also fitzgerald courts traditionally recognized president constitutional responsibilities status factors counseling judicial deference restraint