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Keywords

appealcriminal lawwrit of certiorari

appealwrit of certiorari

Related Cases

Rubin v. United States, 525 U.S. 990, 119 S.Ct. 461 (Mem), 142 L.Ed.2d 413, 67 USLW 3083, 67 USLW 3319, 98 USLW 3318, 50 Fed. R. Evid. Serv. 310, 98 Cal. Daily Op. Serv. 8295, 98 Daily Journal D.A.R. 11,505

Facts

The case arose when the Secret Service claimed a privilege to protect information obtained while agents were performing their protective duties in proximity to the President. The Court of Appeals ruled against the existence of this privilege, leading to the Secretary of the Treasury's petition for certiorari to the Supreme Court. Justice Breyer emphasized the importance of the President's physical safety and the need for a privilege that would allow agents to operate without the fear of having to testify about their observations.

The case arose when the Secret Service claimed a privilege to protect information obtained while agents were performing their protective duties in proximity to the President.

Issue

Does federal law recognize a special Secret Service evidentiary privilege that allows agents to refuse to testify about non-criminal conduct observed while protecting the President?

Rule

The court considered whether the federal courts have the authority to develop an evidentiary privilege that serves a public good, particularly in relation to the physical safety of the President.

Analysis

Justice Breyer argued that the absence of a privilege could lead to Presidents keeping Secret Service agents at a distance, thereby compromising their safety. He pointed out that the complexity of federal criminal law makes it difficult for Presidents to know when their conversations might later be deemed relevant to an investigation, which could discourage them from being open with their protectors.

Justice Breyer argued that the absence of a privilege could lead to Presidents keeping Secret Service agents at a distance, thereby compromising their safety.

Conclusion

The Supreme Court denied the petition for writ of certiorari, leaving the Court of Appeals' decision intact.

Who won?

The Court of Appeals prevailed as the Supreme Court denied the petition for certiorari, upholding their ruling that no such privilege exists.

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Keywords

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