President Nixon refused to give the Special Prosecutor (Leon Jaworski) in the Watergate Scandal tapes of recorded telephone calls between the President and various people implicated in the crime and its cover-up. Nixon attempted to invoke Executive Privilege, a constitutional protection allowing the Executive branch to withhold information from the Legislative and Judicial branches, under separation of powers.
The Supreme Court held that Nixon had to give Jaworski the tapes, because withholding them interfered with the Fifth and Sixth Amendment rights of the defendants being charged in the case. Nixon's status was considered that of an unindicted conspirator, and that the US Supreme Court had jurisdiction over the case. This decision affirmed one of the Judicial branch's checks on the Executive branch.
Case Citation:
United States v. Nixon, 418 US 683 (1974)
The rule of law over executive privilege.
United States v. Nixon
United States v. Nixon was the case that questioned executive privilege. The case was decided on July 24, 1974. The Supreme Court ruled unanimously against Nixon.
The president cannot use executive privilege in order to withhold evidence from a criminal trial.
The president cannot use executive privilege in order to withhold evidence from a criminal trial.
There were no dissenting opinions because the case ruled against Nixon 8-0. The concurring opinion was a collective agreement between all justices in that the tapes held criminal conduct between the President and his men as well as that Nixon's claim to absolute executive privilege was wrong. Executive privilege is a right to the president; however, it is not absolute and can be checked by the Congress or Supreme Court.
executive privilege. Executive Privilege is not an unlimited right to refuse. It extends only to those topics or areas which are critical for the President to retain privacy in order to accomplish his role as Executive. As such, it was possible for Congress to compel Bill Clinton to testify regarding the Whitewater affair.
United States v. Nixon, 418 US 683 (1974)Special prosecutor Leon Jaworski needed the tapes for his investigation of the Watergate break-in. Judge John Sirica of US District Court for the District of Columbia ordered Nixon to turn over the tapes, but Nixon refused, asserting the doctrine of Executive Privilege, which allows the Executive branch to withhold information from the other two branches of government.Both parties appealed to the US Supreme Court for a constitutional determination of whether Nixon could exercise Executive Privilege and refuse to release the tapes, or whether they were necessary to the investigation and not subject to immunity.The Court held that the tapes were intrinsic to the investigation Nixon had instigated, and that Jaworski had proven a "sufficient likelihood that each of the tapes contains conversations relevant to the offenses charged in the indictment." The Court further rejected the claim of unqualified executive privilege, and implied Nixon could be found in contempt by refusing to produce the evidence. Nixon's rights under this criminal investigation were no greater than that of any other person.For more information, see Related Questions, below.
He claimed executive privilege to protect communications "between high Government officials and those who advise and assist them" in carrying out their duties.
Nixon sought to invoke "executive privilege". Executive privilege isthe power claimed by thePresident of the United Statesand other members of theexecutive branchto resist certainsubpoenasand other interventions by thelegislativeandjudicial branchesof government. The concept of executive privilege is not mentioned explicitly in theUnited States Constitution, but theSupreme Court of the United Statesruled it to be an element of theseparation of powersdoctrine, and/or derived from the supremacy of executive branch in its own area of Constitutional activity TheSupreme Courtconfirmed the legitimacy of this doctrine inUnited States v. Nixon, but only to the extent of confirming that there is a qualified privilege. Once invoked, a presumption of privilege is established, requiring the Prosecutor to make a "sufficient showing" that the "Presidential material" is "essential to the justice of the case."(418 U.S. at 713-14).Chief JusticeBurgerfurther stated that executive privilege would most effectively apply when the oversight of the executive would impair that branch's national security concerns. In the case of Watergate, national security was NOT the issue at hand.
The Supreme Court case that upheld the American ideal of rule of law and limited government power by denying the idea of executive privilege is United States v. Nixon (1974). In this case, the Court ruled that executive privilege could not be used to withhold evidence in a criminal trial, emphasizing that no individual, including the President, is above the law and the principle of separation of powers.
executive privilege