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United States v. Nixon

Supreme Court of the United States · 1974 · Constitutional Law

executive privilegeseparation of powersjudicial reviewWatergateexecutive privilegepresidential communicationsRule 17(c)subpoena duces tecum

Facts

A grand jury returned an indictment against seven individuals for offenses including conspiracy to defraud the United States and obstruct justice, and the Special Prosecutor sought a Rule 17(c) subpoena directing the President to produce specified tape recordings and related documents concerning identified meetings and conversations. The President moved to quash, asserting absolute executive privilege, lack of jurisdiction, and failure to satisfy Rule 17(c). The District Court denied the motion, held that the materials were presumptively privileged but that the Special Prosecutor had shown sufficient need to justify in camera judicial examination, and ordered the materials transmitted to the court. The President sought appellate review, and the case came before the Supreme Court on certiorari before judgment.

Issue

Whether the courts may adjudicate the President's claim of executive privilege and enforce a Rule 17(c) subpoena for confidential Presidential communications sought for use in a pending criminal prosecution. Also, whether the subpoena order was appealable and whether the Special Prosecutor's demand presented a justiciable case or controversy.

Rule

A President has a constitutionally based presumptive privilege protecting confidential Presidential communications. But when the privilege is asserted only on a generalized interest in confidentiality, and not on military, diplomatic, or sensitive national security secrets, that generalized privilege must yield to the demonstrated, specific need for relevant and admissible evidence in a pending criminal trial. Under Rule 17(c), pretrial production requires a sufficient showing of relevancy, admissibility, and specificity, and enforcement is committed to the trial court's sound discretion subject to especially meticulous review when the subpoena is directed to the President.

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One of 10 multiple-choice questions for this case. Pick an answer to see why.

A federal district court in Washington, D.C., denies President Elena Ward's motion to quash a Rule 17(c) subpoena seeking specified recordings for use in a pending federal criminal trial in Chicago. The court orders the recordings delivered to the judge for in camera review. President Ward immediately files a notice of appeal rather than refuse compliance and await contempt.

Is the district court's order most likely immediately appealable?

Explanation. The majority held that although subpoena-enforcement orders are ordinarily not appealable absent contempt, that route is peculiarly inappropriate when the order is directed to the President. Forcing the President into defiance merely to trigger review would be unseemly, could provoke unnecessary interbranch conflict, and could delay the criminal case. So the order is treated as appealable in this unique setting.