Incestigators' Leads File. Hearings on ... Oct. 3, 6-7, 1947, Bände 7-13

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Seite 32 - ... it is essential to the due administration of the government that the boundaries fixed by the constitution between the different departments should be preserved; a just regard to the constitution, and to the duty of my office, under all the circumstances of this case, forbid a compliance with your request.
Seite 33 - We had better at the outstart recognize the fact that the executive department is a coordinate branch of the Government, with power to judge what should or should not be done, within its own department, and what of its own doings and communications should or should not be kept secret, and that with it, in the exercise of these constitutional powers, the courts have no more right to interfere than has the Executive, under like conditions, to interfere with the courts.
Seite 33 - It is also essential to the successful working of this system that the persons intrusted with power in any one of these branches shall not be permitted to encroach upon the powers confided to the others, but that each shall by the law of its creation be limited to the exercise of the powers appropriate to its own department and no other.
Seite 31 - It is the position of this Department, restated now with the approval of and at the direction of the President. that all investigative reports are confidential documents of the executive department of the Government. to aid in the duty laid upon the President by the Constitution to "take care that the laws be faithfully executed," and that congressional or public access to them would not be in the public interest.
Seite 33 - It is believed to be one of the chief merits of the American system of written constitutional law that all the powers intrusted to government, whether State or National, are divided into the three grand departments, the executive, the legislative, and the judicial. That the functions appropriate to each of these branches of government shall be vested in a separate body of public servants, and that the perfection of...
Seite 32 - Investigative reports include leads and suspicions and sometimes even the statements of malicious or misinformed people. Even though later and more complete reports exonerate the individuals, the use of particular or selected reports might constitute the grossest injustice, and we all know that a correction never catches up with an accusation.
Seite 31 - This discretion in the executive branch has been upheld and respected by the judiciary. The courts have repeatedly held that they will not and cannot require the executive to produce such papers when in the opinion of the executive their production is contrary to the public interests. The courts have also held that the question whether the production of the papers would be against the...
Seite 32 - As you probably know, much of this information is given in confidence and can only be obtained upon pledge not to disclose its sources. A disclosure of the sources would...
Seite 31 - Disclosure of the reports could not do otherwise than seriously prejudice law enforcement Counsel for a defendant or prospective defendant could have no greater help than to know how much or how little information the Government has, and what witnesses or sources of information it can rely upon. This is exactly what these reports are intended to contain. "Disclosure of the reports at this particular time would also prejudice the national defense and be of aid and comfort to the very subversive elements...
Seite 33 - That the functions appropriate to each of these branches of government shall be vested in a separate body of public servants, and that the perfection of the system requires that the lines which separate and divide these departments shall be broadly and clearly denned.

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