United States v. Nixon1974

Background• Watergate Burglary June

17, 1972• Washington Post

Investigation• CREEP• Special Prosecutor

▫ Archibald Cox• Senate Watergate

Committee▫ Sam Ervin

Background• Tapes

▫ Alexander Butterfield• Saturday Night Massacre Oct.

20th, 1973▫ Leon Jaworski

• Edited Transcripts• Watergate Seven and other Co-

conspirators plead guilty▫ Former Attorney General John

Mitchell ▫ White House Counsel John

Dean▫ Nixon’s aides H.R. Haldman

and John Elrichman▫ Nixon’s Personal Lawyer

Herbert Kalmbach

Case• James St. Clair

represented Nixon• Claimed Executive

Privilege• Dispute within Executive

branch. Did not require Judicial resolution

• no proven need for the tapes in the trial

Decision• Arguments heard on July

8th 1974• Decision reached on July

24th, 1974• 8-0 ruling to hand over the

tapes• William Rehnquist did not

participate due to personal reasons

• Chief Justice Warren burger wrote the unanimous opinion

Decision• Nixon must hand over the

tapes• The Supreme court has

the final voice in determining constitutional questions

• While There is an Executive Privilege, the president is not above the law and can not use that privilege to withhold evidence in a criminal trial

Issues and result• Addressed the matter of

Executive Privilege• Reaffirmed Marbury v.

Madison• 4th amendment• Nixon handed over the

tapes on July 30th, 1974• Nixon resigned 10 days

later

My Opinion• Agree• No person is above the

law, not even the President

Quotes and facts• Four of the Justices were appointed by Nixon

▫ Chief Justice Warren Burger▫ Harry Blackmun▫ Lewis Powell, Jr.▫ William Rehnquist

• "The President wants me to argue that he is as powerful a monarch as Louis XIV, only four years at a time, and is not subject to the processes of any court in the land except the court of impeachment.“ – James St.Clair

• "Mr. St. Clair, what public interest is there in preserving secrecy with respect to a criminal conspiracy?" - Justice Lewis Powell

• "Neither the doctrine of separation of powers, nor the need for confidentiality of high-level communications, without more, can sustain an absolute, unqualified Presidential privilege of immunity from judicial process under all circumstances. The President's need for complete candor and objectivity from advisors calls for great deference from the courts. However, when the privilege depends solely on the broad, undifferentiated claim of public interest in the confidentiality of such conversations, a confrontation with other values arises."—Chief Justice Warren Burger