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Executive Privilege legal framework
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United States v. Nixon 1. On March 1, 1974 a grand jury returned an indictment charging seven of President Nixon's close aides with various offenses, including conspiracy to defraud the United States and to obstruct justice having to do with the Watergate Affair. 2. After President Nixon was named an unindicted co-conspirator, he was issued a subpoena by the U.S. District Court to produce in advance of the September 9th trial date, of certain tapes, memoranda, papers, transcripts, or other writings related to certain identified meetings between him and others. 3. Nixon only released some of the tapes required in the subpoena and asserted that he was immune from this subpoena filing a motion to quash it based on executive privilege. He said because it demands "confidential conversations between a President and his close advisors that would be inconsistent with the public interest to produce. 4. The District Court rejected Nixon's motion saying that the judiciary, not the President, was the final arbiter of a claim of executive privilege. The case was appealed to the Supreme Court by the President. Issue : 1. Does the court have jurisdiction to hear this case? 2. Does executive privilege outweigh the need to enforce the subpoena? 3. Does the enforcement of the subpoena guarantee the right of the accused according to the 5th and 6th Amendments? Decision : In a unanimous decision, the U.S. District Court ruling was affirmed, and the President must abide by the subpoena. Reasoning : 1. The court stated that they did have power to hear this case: "Since the court has consistently exercised the power to construe and delineate claims arising under express powers, it must follow that the Court has authority to interpret claims with respect to powers alleged to derive from enumerated powers." 2. The court said that it was difficult decide with the argument of executive privilege because there was no real claim to protect military, diplomatic, or sensitive national security secrets. 3. The court stated: "We conclude that when the ground for asserting privilege as to subpoenaed materials sought for use in 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 of privilege must yield to the demonstrated, specific need for evidence in a pending criminal trial.
There have been many, many court cases throughout the history of the United States. One important case that I believe to be important is the court case of Clinton v. New York. This case involves more than just President Bill Clinton, the City of New York. It involved Snake River Farmers’ as well. This case mostly revolves around the president’s power of the line item veto.
The opposing argument believes that Richard Nixon made a turning point in history that allowed the people to turn against the government. Nobody can trust a government where the president himself does something against the law. When Nixon was inaugurated he took a sworn oath to protect the people and the country. He lied to his people. He states, “The major problem on the Watergate is simply to clean the thing up by having whoever was responsible admit what happened. Certainly I am satisfied that nobody in the White House had any knowledge or approved any such activity…” (Memoirs 646)
This decision requires that unless a suspect in custody has been informed of his constitutional rights before questioning anything he says may not be introduced in a court of law.
During Ellsberg’s trial, Nixon knew he had the case won. But, somebody leaked the Watergate information to the judge. Since it is also illegal to go through private property, the case was dismissed. Ellsberg was set free. In 2002, he published a book called Secrets: A Memoir of Vietnam and the Pentagon Papers.
Watergate was an integral part of a bigger scheme that gathered information from multiple parties, and the operation began long before the burglars were caught. After the arrests, Nixon was not a suspect until the Federal Bureau of Investigation linked the “hush-money” (money given to keep a criminal quiet about a certain action) the burglars received to his campaign fund (64). The burglars were caught breaking into the Watergate Complex to fix the “bugs” they planted in a previous break in (Holland 43). Immediately after the break in, Nixon began to cover up Watergate and his involvement. He gave a speech stating that himself, along with his committee, was not involved in the break in (4...
The supreme court case has impacted the unique American identity and had influenced the way we live in society. The President at the time was Richard Nixon. He was trying to use Executive privilege so that he didn’t have to give away recordings from the oval office that talks about a burglary in the Democratic party headquarters. When the United States won with an 8-0 vote, Executive privilege was proven not limitless, and can’t be used to prevent evidence from being heard in a criminal proceeding. The President isn’t above the law, and this case helped reinforce that rule. Other countries may not
When Nixon was threatened with impeachment for “stonewalling” the investigation, he had his secretary, Rosemary Woods, transcribe the tapes. When the administration had read the transcripts, an issue popped up. 18.5 minutes of the transcribe tapes were missing. The White House claimed that the secretary accidentally deleted the missing parts. The “method” she used was called the “Rosemary
As a result of certain acts or omissions occurring before his resignation from the Office of President, Richard Nixon has become liable to possible indictment and trial for offenses against the United States. Whether or not he shall be so prosecuted depends on findings of the appropriate grand jury and on the discretion of the authorized prosecutor. Should an indictment ensue, the accused shall then be entitled to a fair trial by an impartial jury, as guaranteed to every individual by the Constitution. (Ford 1).
those who spoke out against him. Because of this, it is unsurprising that the events of the Watergate scandal were directly linked to President Nixon. In June of 1972, “…five former employees of Nixon’s reelection committee took part in a break-in at a Democratic Party headquarters” (Foner 1018), which was located in an apartment complex known as the Watergate. The break-in resulted in no robbery, however, for the perpetrators were arrested at the scene, and their motives and goals remain unknown. At the time, no one connected the attempted robbery to President Nixon, but in 1973 the judge who tried the intruders, Judge John J. Sirica, set out to discover who was behind the crime. Stories began to appear in the Washington Post, “…that made it clear that persons close to the president had ordered the burglary” (Foner 1018) and subsequently attempted to sever any connections to the President and the White House. Upon investigation conducted by Congress, it was discovered that “…a wider pattern of wiretapping, break-ins, and attempts to sabotage political opposition” (Foner 1018) were occurring as well. After refusing to release secret recordings of conversations held in his office, the Supreme Court ordered President Nixon to release them, stating that “…the president is not above the law” (Foner 1019), and the Watergate scandal
Erika Wittekind (2013), who has degrees in journalism and political science, reported that because of the magnitude of the case, both sides were given three times the normal allotted time during the trial (p. 106). The Senate had to decide whether they were going to impeach Nixon, and the Supreme Court had to decide what it really meant to impeach a president. Wittekind (2013) showed that President Nixon tried to claim “executive privilege” as a means to clear his name in the Watergate scandal (p. 132). Even though Nixon was the president he put himself in a situation that not even he could get out of. Jeff Madrick (2012), who has written political articles for eight different news sources, stated in his article “Can We Trust the Government Again?” for The Nation that the entire situation with the Watergate scandal never would have happened if Nixon had not been so obsessed with getting reelected for his second term (p. 12). The other question they had to answer was how to get Nixon to turn over the copies of the recordings he had made of conversations he had while serving as the president. Nikolaieff (1974) expressed that Congress does not technically have the right to make the president give up some of his personal belongings (p. 126). The Supreme Court ruled unanimously that Nixon had to give the tapes up to the Senate. Nixon gave them up and Congress told Nixon to resign or they would vote him out of office. Feldstein (2004), in his summary of Watergate, wrote that journalism played a big role in bringing all the facts to the public, which in turn had an effect on Congress’s decision to impeach Nixon (p. 62). Samuel Day (1975), who has published political articles for various newspapers and magazines, in his article “The Lessons from Watergate” in the Bulletin of the Atomic Scientists
Sirica, who was presiding over the case, wanted to find out who had hired the five to perform the breakin. Anonymous writers at the Washington Post began publishing interviews and investigative stories which eventually was able to connect the crime all the way up to those closest to the president, who of course had tried to cover their tracks. Following the release of the Washington Post findings a series of hearings before Congress took place which found that the NIxon administration was responsible for many more wire tappings and breakins than originally known, as well as several attempts to sabotage political opponents. It also came to light that President NIxon secretly kept a tape recorder on in the Oval Office during all his meetings. Archibald Cox, a prosecutor appointed by President Nixon for the hearings, demanded Nixon hand over the tapes. President NIxon of course declined turning over tapes and rather suggested that Senator John C. Stennis from Mississippi review the tapes; Cox then was the one to deny President Nixon’s request so President NIxon simply fired him. In protest of the firing of Cox Elliot Richardson, the Attorney General, resigned the same night, a night now called the Saturday Night Massacre. The Supreme Court intervened at this time and ordered President Nixon to hand over the tapes for open review proving even the President isn’t greater than the law. By the middle of 1974 it was determined that President Nixon was involved with Watergate after the event took place. He had been the one to authorize the payments to the five ex-employees to remain silent or lie during questioning and it also became apparent that he had been the one that ordered the FBI to stop their investigation of the event. In August 1974 the House Judiciary Committee recommended impeaching President Nixon on conspiracy to obstruct justice, but President Nixon resigned rather than a
After it became clear Nixon was responsible, he manages to resign before he was impeached. President Nixon was involved with the Watergate scandal and should be sentenced to jail because he organized it, which then got leaked out and finally led to his resignation. Nixon was the mastermind behind the mission and the main reason he organized it was to find out secret information about the Democrats. He organized a committee to help him ensure his victory in the elections. “The committee to reelect the President” (CRP) used unfair tactics to get what they wanted.
Nixon was long associated with American politics before his fall from grace. He was along time senator before finally being elected president in 1968. During his first term, his United States went through the Vietnam War and a period of economic inflation. In 1972 he was easily re-elected over Democrat nominee George McGovern. Almost unnoticed during his campaign was the arrest of five men connected with Nixon’s re-election committee. They had broken into the Democrats national head quarters in the Watergate apartment complex, in Washington D.C. They attempted to steal documents and place wire taps on the telephones. By March of 1973, through a federal inquiry, it had been brought to light that the burglars had connections with high government officials and Nixon’s closest aids. Despite Nixon and his lawyers best efforts, it was shown that the president had participated in the Watergate cover-up. On August 8, 1974 Nixon announced, without admitting guilt, that he would resign. He left the Oval Office the next day: an obvious fall from grace.
President Van Buren influenced the process and decided to refer the matter to the Supreme Court of the United States. At that time, the Supreme Court had been acknowledged as the highest court in America and had supreme rights in the interpretation of the country 's constitution. Therefore, their decision on the case was to be final, unquestionable and unchallenged. The president of the nation had the obligation of appointing the justices following the confirmation of the Senate. At the time, the court comprised of nine justices, including one chief justice and eight associate judges. The decision of the Supreme Court could only be overturned by another Supreme
Around 70 members of Nixon’s current and former staff were indicted, and some incarcerated, including his Special Counsel, Charles Colson; the former Attorney General, John Mitchell; and the White House Chief of Staff, Harry Haldeman. They had all taken the blame, while Nixon helplessly watched from the White House wondering when it would end. He stood by and watched as his staff was criticized for things some of them did not really know about. They had been hauled off to jail and took criticism for him. Nixon needed to take accountability for his ‘alleged’ actions, to stop their suffering and end Watergate, all while showing respect for the office he once longed to be in. The only way Nixon could truly do this, was through