United States v. Nixon (1974) Ciera Dalton Block 2 10/26/13

United States v. Nixon The case was heard in June, The case was decided in July, 1974.

Public Policy The Public Policies that were in place and came up in this case were Separation of Powers along with Executive Privilege and Rule of Law.

Leading up to Trial. On June 12, 1972, five male trespassers with cameras and bugging equipment were arrested inside of The Democratic National Committees Office. They were booked and trialed for trespassing. Days later, the judge of the trial received a letter from one of the convicted men. The letter stated that the men were paid off for lying under oath and that other people were involved who weren’t convicted. The Supreme Court began a two- year investigation.

Leading up to Trial. Cont. Over the next two years, media and grand jury investigations took place. It was clear that top members of President Richard Nixon’s administration were involved in the burglary and cover-up of it along with several other illegal actions. Pres. Nixon had a taping system that automatically recorded all of his conversations with his advisors. John Dean (former White House Counsel who was fired) told Watergate investigators that he discussed the Watergate cover- up with President Nixon at least 35 times in the Oval Office.

Trial The Supreme Court ruled that Nixon had to surrender the tapes. Nixon refused saying the tapes were protected under “Executive Privilege”

Trial: United States (Plaintiff) Nixon’s executive power was not absolute. “Executive power may not be appealed to deny the courts access to evidence needed in a criminal trial.” Nixon needed to turn over the tapes because after all, the President is not above the law.

Trial: Nixon (Defendant) Nixon argued that he had executive power. Separation of Powers allows the president to keep evidence from the other branches. Nixon claimed the tapes were for federal security and there was no need to surrender them. He eventually surrendered the tapes but with portions deleted.

Amicus Curiae? On US side; Leo Jaworski and Phillip A. Lacovara both filed amicus curiae briefs. On Nixon’s side; James D. St. Clair filed an amicus curiae brief.

Unanimous Decision. 8-0 BurgerStewartBrennanDouglas Powell Blackmun Marshall White

Decision The Supreme Court decided unanimously (8-0) that Nixon’s executive power is not absolute and that he must surrender the tapes in full. It was decided that there was no executive privilege in this case. The Court has jurisdiction. In order to insure due process, all evidence must be produced.

Results The tapes proved that Nixon was directly involved in the break-in and cover up along with other crimes. On July 27 th,1974, Congress began impeachment proceedings against Nixon. On August 8 th, 1974, Nixon became the first US President to resign. Nixon was in his 2 nd term as president.

Results After Nixon resigned, the Vice President, Gerald Ford became President. Ford pardoned all of his criminal charges that he may have committed while in office.

Dissenting Opinion? No dissenting opinions were filed but many concurring opinions were filed. Concurring opinions are agreeing with the courts decision.

Long term effects The US v. Nixon case reinforced Rule of Law, proving that no President is above the law.

Works Cited court/cases/ar41.html court/cases/ar41.html mary__Questions_ mary__Questions_ /1974/1974_73_ /1974/1974_73_ informed/federal-court-resources/historic-case- summaries.aspx informed/federal-court-resources/historic-case- summaries.aspx