United States v. Nixon, 418 U.S. 683 (1974)

"Neither the doctrine of separation of powers,
nor the need for confidentiality can sustain an absolute,
unqualified Presidential privilege of immunity from judicial process."

Washington, D.C., 1974. At the Watergate Hotel, burglars break into Democratic Party headquarters. Seven high-level White House staff are indicted for obstructing justice in the investigation. Special Prosecuter Leon Jaworski learns President Nixon has recorded hundreds of conversations with his aides. He orders the tapes turned over as evidence. The President refuses, claiming executive privilege.

The Prosecutor sues the President: United States versus Nixon. Two months later, a unanimous Supreme Court orders the President to turn over the tapes. Chief Justice Warren Burger writes: "Neither the doctrine of separation of powers, nor the need for confidentiality of high-level 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 advisers 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."

For more...

United States v. Nixon: a website for PSC 306

Washingtonpost.com: Watergate

AMENDMENT 5 Due Process of Law

Passed by Congress September 25, 1789. Ratified December 15, 1791.

No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation. [^].

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