James D. St. Clair, Sp.

"[4] Defendant Strachan also filed a motion for an order directing the issuance of a subpoena identical to that of the Special Prosecutor in the event that enforcement of the government subpoena is abandoned.

"The Court of Claims shall have jurisdiction to render judgment upon any claim against the United States founded either upon the Constitution, or any Act of Congress, or any regulation of an executive department, or upon any express or implied contract with the United States, or for liquidated or unliquidated damages in cases not sounding in tort. claim that a strict standard of construction, applicable to deciding whether Congress had enacted a waiver of sovereign immunity, should be applied in interpreting substantive legislation for the benefit of Indian people. .

1 bid. The Tucker Act is "only a jurisdictional statute; it does not create any substantive right enforceable against the United States for money damages." The second argument, whatever its merits in the setting of a disagreement between the President and a cabinet officer, for example, has no application to the present situation. Jacob A. Stein, Washington, D.C., for defendant Kenneth W. Parkinson. The Special Prosecutor's submissions, however, in the Court's opinion, constitute a In this connection, it is significant that although the Special Prosecutor is forced in part to rest his showing on circumstantial evidence, having been denied access to the material solicited, in the approximately 20 instances where contents of subpoenaed tapes have been made public, the Prosecutor's assertions that "Watergate" was discussed have been shown accurate without exception. 1077, 49th Cong., 1st Sess., 1 (1886). . . . "Representative Perkins summarized this approach by stating that"[t]he bill provides for the breaking up, as rapidly as possible, of all the tribal organizations and for the allotment of lands to the Indians in severalty, in order that they may possess them individually and proceed to qualify themselves for the duties and responsibilities of citizenship. Original Air Date on August 27, 2013 ... Warminsky v. Mitchell, 1974.

"That all allotments set apart under the provisions of this act shall be selected by the Indians .

613.

(b) The General Allotment Act created only a limited trust relationship between the United States and the allottee that does not impose any duty upon the Government to manage timber resources.

Wisconsin v. Mitchell, 508 U.S. 476 (1993), was a case in which the United States Supreme Court held that enhanced penalties for racially-motivated crimes do not violate criminal defendants' First Amendment rights. Prior to the May 2, 1974, return date of the subpoena, the President filed a Special Appearance and Motion to Quash (eo nomine) which included a formal claim of privilege against disclosure of all subpoenaed items generally as "confidential conversations between a President and his close advisors that it would be inconsistent with the public interest to produce."

Act of Mar.

"24 Stat. Pp. King, 492 F.2d 895 (8th Cir. Furthermore, certain events surrounding and following the Act's passage indicate that it should not be read as authorizing, much less requiring, the Government to manage timber resources for the benefit of Indian allottees. 857, as amended, 25 U.S.C.

The Court of Claims, sitting en banc, denied the Government's motion. You've gotta let her go.

Primary among these is his assertion that the subpoena, together with the Special Prosecutor's showing of relevancy and evidentiary value filed May 10, 1974, fails to comply with the requirements of Rule 17(c).

Pp. .

Office of Indian Affairs, Regulations and Instructions for Officers in Charge of Forests on Indian Reservations 4 (1911). § 331. It is hornbook law that the trustee is accountable in damages for breaches of trust. Matter sought to be expunged is relevant, for example, to a determination that the presumption of privilege is overcome.Now, therefore, it is by the Court this 20th day of May, 1974,Ordered that the President's motion to quash be, and the same hereby is, denied; and it isFurther ordered that on or before May 31, 1974, the President or any subordinate officer, official, or employee with custody or control of the documents or objects subpoenaed by the Special Prosecutor with leave of Court on April 18, 1974, shall deliver to the Court the originals of all subpoenaed items together with an index and analysis and copy tape recording as described in the foregoing opinion; and it isFurther ordered that motions for protective orders and to expunge filed or raised orally in this matter, except to the extent already granted by the Court in proceedings heretofore, be, and the same hereby are, denied; and it isFurther ordered that should the President initiate appellate review of the Court's order prior to 4:00 p. m., Friday, May 24, 1974, the Court's order shall be stayed pending the completion of such review. "as much the duty of Government to render prompt justice against itself, in favor of citizens, as it is to administer the same between private individuals.

389, as amended, 25 U.S.C § 348.

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