United States v. Nixon

Case brief summary

Facts

After Watergate, a grand jury named President Nixon as involved but did not charge him. The prosecutor asked a court to make Nixon hand over tapes, but he refused, citing executive privilege.

Procedural history

The trial court ordered Nixon to give the material for private review by the judge. Both sides asked the Supreme Court to decide the case quickly, before any appeals court ruling.

Issue

Whether a court can review and enforce a subpoena against the president when he claims executive privilege, and whether that privilege is absolute or must give way to the needs of a criminal trial?

Holding

The Supreme Court ruled courts could decide this dispute, upheld the order for private review, and said Nixon's privilege claim had to give way to the need for evidence in a criminal case.

Reasoning

Courts, not the president, decide what the Constitution means. Without a claim of military or diplomatic secrets, the need for fair trial evidence outweighs a general wish for secrecy.

Opinions

Majority (Burger): Executive privilege is real but not absolute, and must yield here to the specific need for evidence in a pending criminal trial, so the tapes must be turned over for private judicial review.