HOUSE OVERSIGHT 030205 1 1 The mere fact that an official has a personal immunity from prosecution does not bar the prosecution from alleging and proving his complicity as part of a case against persons who have no such immunity. It would not be fair "to the defendants ... to blunt the sweep of the evidence artificially by excluding one person, however prominent and important, while identifying all others." The Jaworski filing acknowledged that naming an incumbent president as an unindicted criminal co-conspirator may cause the public anguish of a cloud over the presidency. But "in the public marketplace of ideas" there is little reason to fear that malicious charges against a president "will receive credit they do not deserve." Notably, the United States made no mention of the OLC Dixon memo in its filing in the Supreme Court other than by implication: The filing says that the Department of Justice agrees that the Constitution does not bar indictment of a president, perhaps reading the Dixon OLC memo as merely a statement of policy. What is striking is that the 2000 OLC memo treats the 1973 Dixon memo as an important precedent but not the more substantial, more careful subsequent filing in the U.S. Supreme Court. The Supreme Court did not answer Nixon's request to expunge his inclusion as an unindicted co-conspirator. Finding it unnecessary to answer that question in order to rule against the president on the subpoena of the nine tapes, the court dismissed Nixon's companion cert petition as improvidently granted. Nixon's resignation and pardon rendered the remaining questions moot. 5. The May 13, 1998, Memorandum to Independent Counsel Starr. This memorandum was written by professor Ronald Rotunda in response to an inquiry from Independent Counsel Kenneth Starr. Rotunda concluded that In the circumstances of this case, President Clinton is subject to indictment and criminal prosecution, although it may be the case that he could not be imp