HUSIN

CASE NO. 475

US v. Nixon
418 US 683

Topic: Executive Privilege

Facts:

On November 1972, the respondent, Pres. Richard Nixon, won a second term as president defeating the
democratic candidate, George McGovern. A group of burglars broke into the Democratic Party campaign
headquarter and upon investigation, the track leads to the high government officials.

The special prosecutor in the Watergate scandal subpoenaed the tape recordings of conversations
involving the President and his advisers regarding the scandal requiring the President to release certain
tapes and papers related to specific meetings between the President and those indicted by the jury.
Those tapes believed to contain damaging evidence related to the burglary scandal. The President’s
counsel moved to quash the subpoena citing Article II of the United States Constitution- the Executive
Privilege, and its grant of privilege. The court denied the motion.

Issue:
Whether or not Nixon’s Executive Privilege is absolute.

No. The Supreme Court held that the President’s Executive Privilege is not absolute and it must bow
down to the limitations set by law. The Supreme Court of the United States had to balance the executive
privilege against the rights of citizens to face their accusers and to have a speedy and fair trial. The Court
made the point that the President is not a normal citizen, and therefore should receive great deference
regarding executive claims of privilege. However, executive privilege is not absolute and must be
balanced against the right of the accused in criminal proceedings.