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    United v. Nixon

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    Emmanuel C. Dumayas
    This document summarizes the United States v. Nixon case, which involved a review of a denied motion to quash a subpoena issued to President Nixon to produce tape recordings and documents related to his conversations. The district court rejected Nixon's claims of executive privilege, lack of jurisdiction, and failure to meet Rule 17(c) requirements. Nixon's counsel argued there was an absolute privilege of confidentiality for presidential communications and a need to protect high-level discussions. The Court of Appeals upheld the district court's decision, finding no absolute privilege absent claims of protecting military, diplomatic, or national security secrets. The Court also stated the need for the criminal justice system's adversary process and for demonstrated, specific evidence needs in criminal trials to

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    United v. Nixon

    Uploaded by

    Emmanuel C. Dumayas
    54 views2 pages
    This document summarizes the United States v. Nixon case, which involved a review of a denied motion to quash a subpoena issued to President Nixon to produce tape recordings and documents related to his conversations. The district court rejected Nixon's claims of executive privilege, lack of jurisdiction, and failure to meet Rule 17(c) requirements. Nixon's counsel argued there was an absolute privilege of confidentiality for presidential communications and a need to protect high-level discussions. The Court of Appeals upheld the district court's decision, finding no absolute privilege absent claims of protecting military, diplomatic, or national security secrets. The Court also stated the need for the criminal justice system's adversary process and for demonstrated, specific evidence needs in criminal trials to

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    United v. Nixon (1)

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    This document summarizes the United States v. Nixon case, which involved a review of a denied motion to quash a subpoena issued to President Nixon to produce tape recordings and documents related to his conversations. The district court rejected Nixon's claims of executive privilege, lack of jurisdiction, and failure to meet Rule 17(c) requirements. Nixon's counsel argued there was an absolute privilege of confidentiality for presidential communications and a need to protect high-level discussions. The Court of Appeals upheld the district court's decision, finding no absolute privilege absent claims of protecting military, diplomatic, or national security secrets. The Court also stated the need for the criminal justice system's adversary process and for demonstrated, specific evidence needs in criminal trials to

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Flag for inappropriate content
    Download as docx, pdf, or txt
    54 views2 pages

    United v. Nixon

    Uploaded by

    Emmanuel C. Dumayas
    This document summarizes the United States v. Nixon case, which involved a review of a denied motion to quash a subpoena issued to President Nixon to produce tape recordings and documents related to his conversations. The district court rejected Nixon's claims of executive privilege, lack of jurisdiction, and failure to meet Rule 17(c) requirements. Nixon's counsel argued there was an absolute privilege of confidentiality for presidential communications and a need to protect high-level discussions. The Court of Appeals upheld the district court's decision, finding no absolute privilege absent claims of protecting military, diplomatic, or national security secrets. The Court also stated the need for the criminal justice system's adversary process and for demonstrated, specific evidence needs in criminal trials to

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Flag for inappropriate content
    Download as docx, pdf, or txt
    of 2

    United v.

    Nixon
    Facts: This is a review of the denial of the motion to quash third party
    subpoena duces tecum issued by US District Court pursuant to Fed.
    Rule Crim Procedure 17 (c ). Subpoena is directed to US Pres to
    produce certain tape recordings and documents relating to his
    conversations with his aides and advisers. District court rejected US
    Presidents claims of executive privilege, lack of jurisdiction and failure
    to satisfy requirements of Rule 17( c). Hence this appeal.
    Presidents counsel: a.) Constitution provides an absolute privilege of
    confidentiality for all presidential communications; b.) there is a valid
    need for protection of communications between high government
    officials and those who advise and assist them in the performance of
    their manifold duties; c.) claim of absolute privilege rests on doctrine of
    separation of powers
    Issue: WON District court erred in authorizing the issuance of
    subpoena. Held: No, Court of Appeals upheld the decision of the
    District court.
    Ratio: In Marbury v. Madison, it has been held that it is emphatically
    the province and duty of the judicial department to say what the law
    is.
    Claim of absolute privilege Court: There is no absolute, unqualified presidential privilege of
    immunity from judicial process absent any claim of need to protect
    military, diplomatic or sensitive national security secrets.
    The impediment that an absolute, unqualified privilege would place in
    the way of the primary constitutional duty of the judicial branch to do
    justice in criminal prosecutions would plainly conflict with the function
    of courts under Art III.
    Framers of Constitution sought to provide a comprehensive system but
    separation of powers were not intended to operate with absolute
    independence. While the Constitution diffuses power the better to
    secure liberty, it also contemplates that practice will integrate the
    dispersed powers into a workable government. It enjoins upon its
    branches separateness but interdependence, autonomy but
    reciprocity.
    Legitimate needs of judicial process may outweigh presidential
    privilege. President and his aides must be free to explore alternatives
    in shaping policies and making decisions; however, such privilege must
    be considered in light of commitment under the rule of law. There is a
    need to employ adversary system of criminal justice in which parties
    contest all issues before a court of law.
    Thus, when the ground for executive privilege as to subpoenaed
    materials sought for use in a criminal trial is based only on the

    generalized interest in confidentiality, it cannot prevail over the


    fundamental demands of due process of law in the fair administration
    of justice. The generalized assertion must yield to demonstrated,
    specific need for evidence in a pending criminal trial.

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