United States v. Nixon
1974
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 Coconspirators 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 highlevel 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