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Politics : Did Slick Boink Monica? -- Ignore unavailable to you. Want to Upgrade?

To: Janice Shell who wrote (1796)	1/26/1998 9:50:00 PM
From: Triluminary	Read Replies (1) \| Respond to of 20981

Janice, FYI, there is a statute of limitations and Paula filed before they were up. It was the courts that have allowed the case to proceed from that point. supct.law.cornell.edu In response to the complaint, petitioner promptly advised the District Court that he intended to file a motion to dismiss on grounds of Presidential immunity, and requested the court to defer all other pleadings and motions until after the immunity issue was resolved. [n.4] Relying on our cases holding that immunity questions should be decided at the earliest possible stage of the litigation, 858 F. Supp. 902, 905 (ED Ark. 1994), our recognition of the " 'singular importance of the President's duties,' " id., at 904 (quoting Nixon v. Fitzgerald,457 U.S. 731, 751 (1982)), and the fact that the question did not require any analysis of the allegations of the complaint, 858 F. Supp., at 905, the court granted the request. Petitioner thereupon filed a motion "to dismiss . . . without prejudice and to toll any statutes of limitation [that may be applicable] until he is no longer President, at which time the plaintiff may refile the instant suit." Record, Doc. No. 17. Extensive submissions were made to the District Court by the parties and the Department of Justice. [n.5] The District Judge denied the motion to dismiss on immunity grounds and ruled that discovery in the case could go forward, but ordered any trial stayed until the end of petitioner's Presidency. 869 F. Supp. 690 (ED Ark. 1994). Although she recognized that a "thin majority" in Nixon v. Fitzgerald, 457 U.S. 731 (1982), had held that "the President has absolute immunity from civil damage actions arising out of the execution of official duties of office," she was not convinced that "a President has absolute immunity from civil causes of action arising prior to assuming the office." [n.6] She was, however, persuaded by some of the reasoning in our opinion in Fitzgerald that deferring the trial if one were required would be appropriate. [n.7] 869 F. Supp., at 699-700. Relying in part on the fact that respondent had failed to bring her complaint until two days beforethe 3 year period of limitations expired, she concluded that the public interest in avoiding litigation that might hamper the President in conducting the duties of his office outweighed any demonstrated need for an immediate trial. Id., at 698-699. Regards, mark_b