United States v.

Nixon

Brief Fact Summary. The special prosecutor in the Watergate scandal subpoenaed tape
recordings made of President Nixon (the President) discussing the scandal with some of his
advisers. The President claimed executive privilege as his basis for refusing to turn over the
tapes.

Synopsis of Rule of Law. Although a President deserves great deference regarding his Article II
constitutional privilege, that privilege is not absolute and must be balanced against other
constitutional interests.

Facts. The special prosecutor in the Watergate scandal subpoenaed the tape recordings of
conversations involving the President and his advisers regarding the scandal. The Presidents
counsel moved to quash the subpoena citing Article II of the United States Constitution (the
Constitution) and its grant of privilege to the President. The Presidents counsel also argued it
was a non-justiciable question because it was a disagreement between parts of the executive
branch.

Issue. Is the Presidents Article II constitutional privilege absolute?

Held. The Presidents executive privilege is not absolute and must bend to Amendment 4 and
Amendment 5 requirements of speedy and fair trials and of the ability of defendants to face their
accusers.
Courts are not required to proceed against the President as if the President was any other
individual.
Courts should review communications claimed to be privileged in camera (by the judge only in
chambers).

Discussion. The Supreme Court of the United States (Supreme Court) had to balance the
executive privilege against the rights of citizens to face their accusers and to have a speedy and
fair trial. The Court made the point that the President is not a normal citizen, and therefore
should receive great deference regarding executive claims of privilege. However, executive
privilege is not absolute and must be balanced against the right of the accused in criminal
proceedings. The Court took great care to limit its opinion because it was delving into a political
dispute between the President and Congress, something the Supreme Court is loath to do.