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US v. Nixon affirmed the Judicial branch's authority to check the Executive branch, and clarified when the President can invoke Executive Privilege. It also elevated the rights of the accused under the Fifth Amendment Due Process Clause and Sixth Amendment Confrontation clause over the right of Executive Privilege under specific circumstances.

Explanation

The Supreme Court acknowledged the validity of invoking Executive Privilege in general, but held that it did not provide absolute and unqualified protection, except possibly in the case of military and diplomatic affairs, which were irrelevant to the case. The Court also argued the judiciary had jurisdiction over the matter under Article III because the constitution was not intended to protect the President from legitimate criminal prosecution.

The tapes, which were used as evidence in the criminal conspiracy investigation and trial were determined to be fundamental to the exercise of the defendants' Fifth Amendment rights under the Due Process Clause and Sixth Amendment protection under the Confrontation Clause. This decision, too, is likely to hold in principle, unless the evidence involves military, diplomatic, or national security secrets (in which case, the evidence would be unavailable for evaluation).

Bear in mind the Watergate episode involved domestic politics, not foreign affairs or national security. In the opinion of United States v. Nixon, Chief Justice Burger defined the areas subject to absolute privilege, any or all of which could be invoked after September 11.

"However, 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 advisers 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. Absent a claim of need to protect military, diplomatic, or sensitive national security secrets, we find it difficult to accept the argument that even the very important interest in confidentiality of Presidential communications is significantly diminished by production of such material for in camera inspection with all the protection that a district court will be obliged to provide."

Case Citation:

United States v. Nixon, 418 US 683 (1974)

For more information about United States v. Nixon, see Related Questions, below.

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Continue Learning about General History

What was the US Supreme Court case that had an impact on the Watergate scandal of the 1970s?

The Watergate Case was filed as United States v. Nixon,418 US 683 (1974).For more information, see Related Links, below.


What case limited executive privilege?

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.


How did the court of original jurisdiction rule in US v Nixon?

The court of original jurisdiction in this case was US District Court for the District of Columbia, presided over by Judge John Sirica.The Judge approved Special Prosecutor Leon Jaworski's subpoena on the grounds that neither Executive Privilege nor Separation of Powers between the branches of government were sufficient to abrogate the six accused conspirators' constitutional rights under the Fifth Amendment Due Process Clause and the Sixth Amendment Confrontation Clause. Nixon was ordered to give Jaworski the tapes.Nixon appealed the decision, but the US Supreme Court ultimately affirmed Sirica's ruling.(Sirica was Time Magazine's Man of the Year in 1973)Case Citation:United States v. Nixon, 418 US 683 (1974)For more information, see Related Questions, below.


Why did the Justice Department and US Supreme Court demand that President Nixon turn over the White House tapes?

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.


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The US President who served before Nixon starting with an "E" was Dwight D. Eisenhower. Nixon was his V-P.


What was the result of the Supreme Court case US v Nixon?

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What Presidential right is involved in US v. Nixon?

United States v. Nixon, 347 US 683 (1974)On 24 July 1974, the US Supreme Court ruled in United States v. Nixon, that Executive Privilege did NOT apply in a criminal matter, unless the protected information involved military or diplomatic secrets, or national security. This decision is what led to Nixon's resignation on 9 August 1974.For more information, see Related Questions, below.


Who wrote the majority decision in Nixon v US?

United States v. Nixon, 418 US 683 (1974)Chief Justice Warren Burger wrote the opinion of a unanimous (8-0) Court. Justice William Rehnquist recused himself because of his close ties to the Nixon administration.[Note: The question originally asked about Nixon v. United States, a case involving appeal of impeachment of a Mississippi federal District Court judge, in 1993. See Related Questions for information about that case.]For more information about United States v. Nixon, see Related Questions, below.


Where did United States v. Nixon take place?

United States v. Nixon, 418 US 683 (1974)US v. Nixon was within the jurisdiction of the District of Columbia (Washington, DC), the United States' federal government's capitol. The case was first heard in US District Court for the District of Columbia, under Judge John Sirica, then appealed directly to the US Supreme Court, bypassing the US Court of Appeals for the District of Columbia Circuit.For more information, see Related Questions, below.


What did the supreme court case US v Nixon confirmed?

The rule of law over executive privilege.


What principle was established by US v. Nixon?

Executive privilege is permitted as long as it does not interfere with due process.


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