Justice Thurgood Marshall: What, in any of these tapes, is involved in the impeachment proceedings?Attorney for the President, James St. Clair: Well, if Your Honor please, the House of Representatives have subpoenaed these and more tapes. Justice Marshall: Well, I don’t know which of the tapes. I assume you do. Mr. St. Clair: No, I don’t. Justice Marshall: You don’t know either. Well, how do you know that they’re subject to the greater privilege?Mr. St. Clair: Regardless of what it is and may involve a number of subjects. Justice Marshall: But you don’t know. ...You’re submitting the matter to this Court. Mr. St. Clair: To this Court, under a special appearance on behalf of the President. Justice Marshall: You still leave it up to this Court to decide it. Mr. St. Clair: In the sense that this Court has an obligation to determine the law, alright? The President also has an obligation to carry out his constitutional functions. Justice Marshall: You are submitting to this court for us to decide whether or not executive privilege is available in this case. Mr. St. Clair: Well, probably, the question is even more limited than that. Is the executive privilege, which my brother [opposing counsel] concedes, absolute or is it only conditional?Justice Marshall: I said, in this case. Can you make it any narrower than that?Mr. St. Clair: No, sir. a.How might the conversation between Justice Marshall and Mr. St. Clair relate to Marbury v. Madison?