160
public is led to believe that its “mystique”
is
beyond
the
comprehension
of
normal
individuals. This is far from the truth, and
after sixteen years on the Court and several
in retirement, I am prepared to say that its
processes are more available to the public
than
those
of
the
other
branches
of
the
government the Congress and the presidency.”
(Ibid)
In another landmark decision in United States V.
Burr, June 13, 1807, J.M. Papers, 7:37-50, on the
issue of withholding evidence, Burr demanded to see
documents at the trial. The President had said the
documents
would
prove
Burr’s
guilt
but
the
prosecution and the President refused the demand for
producing documents. Marshall, CJ declared:
“The Uniform practice of this counting has
been
to
permit
any
individual
who
was
charged with any crime to prepare for his
defense.... The genius and character of our
laws
and
usages
are
friendly,
not
to
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