United States v. Nixon(1974)

Ciera Dalton Block 2 10/26/13

United States v. Nixon

• The case was heard in June, 1974.• 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

Burger StewartBrennanDouglas

PowellBlackmunMarshallWhite

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 27th ,1974, Congress began impeachment proceedings against Nixon.

• On August 8th, 1974, Nixon became the first US President to resign.

• Nixon was in his 2nd 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

• http://www.infoplease.com/us/supreme-court/cases/ar41.html

• http://www.streetlaw.org/en/Page/708/Background_Summary__Questions_

• http://www.oyez.org/cases/1970-1979/1974/1974_73_1766

• http://www.uscourts.gov/educational-resources/get-informed/federal-court-resources/historic-case-summaries.aspx