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United States v. Nixon

(1974)

Supreme Court of the United States - 418 U.S. 683, 94 S.Ct. 3090, 418 U.S. 683, 41 L. Ed. 2d 1039, 94 S. Ct. 3090, 1974 U.S. LEXIS 93, SCDB 1973-172

tl;dr:

President has some privilege of confidentiality, but it must be weighed against the fair administration of criminal justice.

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ICRAIssue, Conclusion, Rule, Analysis for United States v. Nixon

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Facts & HoldingUnited States v. Nixon case brief facts & holding

Facts:Text of Article I specifies that members of Congress are...

Holding:President’s counsel reads the Constitution as providing absolute privilege of...

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United States v. Nixon | Case Brief DeepDive
Majority opinion, author: Mr. Chief Justice Burger
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The President claimed executive privilege, lack of jurisdiction, and failure to satisfy Rule 17(c) when subpoenaed to produce tape recordings and documents related to his conversations with aides and advisers. The District Court rejected these claims and ordered the President or any subordinate officer, official, or employee with custody or control of the subpoenaed items to deliver them to the District Court. The Supreme Court upheld the District Court's decision to deny the President's motion to quash a subpoena issued by a Special Prosecutor, stating that the subpoena met the requirements of Rule 17(c). The Court recognized the President's claim of privilege for confidential conversations with advisors, but emphasized that an absolute, unqualified privilege for confidential communications with advisors cannot be sustained under all circumstances. Presidential confidentiality must be protected to the greatest extent possible while still ensuring fair administration of justice. The District Judge must accord Presidential records a high degree of deference and ensure that no in camera material is revealed to anyone until released to the Special Prosecutor.

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