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Fitzgerald Vs Seamans Case

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It was late 1968 when Fitzgerald, a management analyst for the U.S. Air force, testified, in a congressional hearing about military spending about the exceedingly high cost in a particular transport plane development. President Lyndon Johnson was on his way out and President Richard Nixon would soon be sworn in. After Richard Nixon became president he took the normal steps of a new president entering the presidency he downsized and reconstructed many government agencies including the department of the Air Force. During Nixon’s downsizing Fitzgerald was let go due to his position being terminated. Fitzgerald believed that his firing was retaliatory in nature because of his previous testimony. Fitzgerald fought this for years to know avail in the Fitzgerald V Seamans cases, until the publication of a white memorandum that Fitzgerald should, “bleed for a while” before receiving another position because his lack loyalty to the federal government was in question. This trial was heard by the Civil Service Commission, Federal District Court, known as Harlow v. Fitzgerald 1978, which stated that Nixon was not entitled to absolute immunity. Nixon took the case to the Court of Appeals, which dismissed Nixon’s appeal. In 1981 Nixon took the case to the Supreme Court to appeal his claim that when acting as president he was …show more content…

Reorganization and downsizing of departments is within the outer perimeters of the president’s scope of responsibility. The court maintains the president will act in good faith for reasons of re-election, prestige as a part of presidential influence, and concern for historical stature, and if all else fails and the president has so acted unlawfully the impeachment process

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