Landmark Supreme Court Case · Separation of powers
United States v. Nixon (1974)
- Decided
- 1974
- Vote
- 8–0
- Opinion
- Chief Justice Warren E. Burger
- Constitutional provisions
Facts of the case
During the investigation of the 1972 break-in at Democratic headquarters in the Watergate complex, special prosecutor Leon Jaworski subpoenaed tape recordings of President Richard Nixon's White House conversations for use in the criminal trial of his aides. Nixon refused, claiming executive privilege, the president's right to keep internal communications confidential.
The constitutional question
Is the president's executive privilege absolute, so that he can withhold evidence needed in a criminal trial?
The decision
No. The Court recognized that executive privilege exists but held that it is not absolute. A generalized claim of confidentiality must yield to the demonstrated need for evidence in a criminal trial. Nixon had to turn over the tapes. (Justice William Rehnquist did not participate.)
The Court's reasoning
Under Marbury, it is the courts' role to say what the law is, including the scope of presidential privilege. The fair administration of criminal justice outweighed an unspecified interest in confidentiality.
Why it matters
The tapes revealed Nixon's role in the cover-up. Facing likely impeachment, he resigned in August 1974, the only president ever to do so. The case stands for the principle that no one, not even the president, is above the law.