THE SUPREME COURT University Daily Kansan / Tuesday, February 25, 1992 5 Trial not just judge claims The Associated Press WASHINGTON — The Supreme Court said yesterday that it would decide whether federal courts had the power to second-guess the Senate on the ouster of Walter Nixon, a criminally convicted federal judge, from his lifetime job. The justices, granting an appeal by Nixon, agreed to say whether the former judge from Mississippi could challenge his impeachment proceedings. A decision is expected in 1993. Nixon contends his ouster was unconstitutional because a special Senate committee, not the full Senate, served as his principal judge and jury. Prior to his impeachment in the House and ouster by the Senate, Judge Nixon was convicted of perjury in 1980 for lying to a grand jury about his talks with a prosecutor in a marijuana-smuggling case. Nixon, a federal trial judge, was accused of asking a local district attorney to stop the prosecution of a man whose father helped enrich Nixon through investments. While serving more than a year in prison for perjury, Nixon continued to collect his $85,000 annual salary. He believed that he wanted to return to the bench. The House impeached, or formally charged, Nixon in May 1989, and six months later the Senate found he had testified falsely to a grand jury. It stripped him of his judgement. Nixon said that in his Senate trial most senators were unable to evaluate directly the credibility of witnesses. But the U.S. Circuit Court of Appeals for the District of Columbia threw out his suit last July. "We refuse to embark on setting limits for the procedures the Senate may choose for the trial of impeachments," the appeals court said. "The Constitution excludes us." Returning from a four-week recess, the high court issued orders in nearly 600 cases. In other matters, the court: Refused, by an 8- vote, to stop the government's forced return of Haitian refugees. Rejected an attempt to force a Japanese company, Matsushita Electric Industrial Co. to give up its ownership and motion picture distributor, MCA Inc. Refused to free the Union Bank of Switzerland from having to divulge confidential customer records at its Panama branch to U.S. officials investigating alleged tax violations. ■ Agreed to decide in a Texas case whether people who win a symbolic $1 in damages for violations of their civil rights must also those they sue to pay their legal fees. Let stand a ruling in a Pennsylvania case that said people did not have privacy rights over information they divulge in a police report. Turned aside claims of slavery and refused in an Indiana case to tell states to pay inmates at mental institutions for work they are forced to do. Rejected, in a case from Utah, a Bush administration appeal aimed at giving police more power to search for illegal drugs and other contraband when motorists are stopped for traffic violations. Exiled Haitian president to return amid opposition The Associated Press WASHINGTON - Although the Supreme Court refused yesterday to halt the return of Haitian refugees, Haiti's politicians reached an agreement for the eventual return of exiled President Jean-Bertrand Aristide. The high court's 8-1 ruling upholding the Bush administration's program to forcibly return Haitian refugees shifts the issue to Congress, where it will be debated in emergency legislation to temporarily halt the return of the Haitians. The political settlement reached late Sunday in Washington between Aristide and his rivals in Haiti's National Assembly would set up a consensus government before the president's return to power. The deal set no date for Aristide's return. It called for the appointment of moderate communist leader Rene Theodore as interim prime minister. It was unclear whether the accord would be honored by the Haitian military, which deposed Aristide in a Sept. 30 coup that brought down the first democratically elected government in the Caribbean nation's history. In Port-au-Prince, the Commu- mist Party's second-ranked official, Max Bourjolley, said the army had accepted the agreement. But Foreign Relations Minister Jean-Robert Simonise said there was strong opposition to Aristide's return and the consensus government would not be easy to set up. A knowledgeable diplomatic source said that Haiti's top military commander, Gen. Raoul Cedras, was satisfied with the package that contains a general amnesty and acceptance of all parliamentary actions since Aristide was forced into exile. The amnesty provision did not apply to criminal acts, and it was unclear whether Aristide agreed to give amnesty to officers who plotted his overthrow, said sources familiar with the deal. Democratic leaders in the House have put the Haitian repatriation issue on a fast track, scheduling a vote Wednesday on a measure to impose a six-month moratorium on forced returns. More than 6,200 Haitians trying to escape their country have been repatriated since the coup, according to figures compiled by the Immigration and Naturalization Service. An additional 7,400 remain at the U.S. Navy base in Guanantamo Bay, Cuba, awaiting return, and 5,155 have been allowed to apply for political asylum. Justice optimistic despite prostate cancer The Associated Press WASHINGTON — Supreme Court Justice John Paul Stevens has prostate cancer but will continue working and is expected to recover fully, a court representative said yesterday. Stevens, 71, one of the conservative court's most liberal members, was appointed by President Gerald Ford in 1975. "Justice Stevens is expected to continue to participate fully in all cases to come before the court during and after his radiation treatment and to make a full recovery without any residual effects," said court representative Toni House in a prepared statement. She said he had begun treatment at Georgetown University Hospital. Stevens participated in the three hours of oral arguments the court heard yesterday and was expected to participate in today's public session as well. One other current and tworetired Supreme Court justices have had prostate problems, which is not uncommon in elderly men. Justice Harry Black- mun, at 83 the court's oldest member, has suffered from recurring cancer of the prostate, and was treated for it most recently in 1987. No further problems have been reported. Retired Justices William Brennan and Lewis Powell also received medical treatment for prostate problems. John Paul Stevens Stevens is known to court watchers as the justice who wears the bow tie. He is described by legal scholars as a maverick, wild card and even an intellectual gadfly. But they also use words such as brilliance and integrity in describing his attributes. Stevens, who underwent open heart surgery in 1974, has been in apparent good health in recent years. He is an avid tennis player. He and his wife routinely commute between Washington and Fort Lauderdale, Fla., where they own a condominium. ADVERTISING WORKS! KENNEDY GLASS For all your glass needs 730 New Jersey 843-4416 THE PRINCETON REVIEW Take your cat to the Cat Clinic for its own holiday. 10% discount to students 22' (913) 749-2993 2201 J-West 25th. 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