Watergate Scandal Of 1972
Following the Watergate Scandal of 1972, a subpoena was filed by the Special Prosecutor representing the United against President Nixon and those associated with him, ordering the release of tape recordings from meetings between the President and his cabinet that were believed to contain incriminating material of which would confirm or at least provide evidence supporting the claims of White House involvement in the scandal. Nixon refused to comply with the demand, citing protection through the executive privileges granted to the office of president by way of Article II of the United States Constitution, which enable Executive officials to withhold any information or material from the court based upon their sole discretion. Nixon’s refusal …show more content…
Following Nixon’s resistance to submit to the demands of the subpoena, citing executive privileges that exempted the President from complying with the order, the court took the approach of challenging the legitimacy of such privileges in a judicial setting. President Nixon’s refusal to turn over the tape recordings was a deliberate and significant obstruction of due process, and should be overruled by the court. The President’s powers, whether implied or absolute, should never interfere with the judicial process, as it grants too much influence to the Executive …show more content…
• In order to determine whether or not the executive privileges of the President should be recognized as legitimate in a court setting, it was necessary to identify how the ability to withhold information from judicial review may cause a disruption of due process. • Executive privilege was determined to not be absolute in nature, and therefore any material of interest to a court of law is fully subject to judicial review. • The President may still retain executive privileges, however, so long as they do not obstruct the judicial process and/or hinder the functioning capabilities of other branches of the Federal Government, in the interest of preserving checks and balances. Comments The unanimity of this court decision was significant in the sense that Nixon’s presidency was recognized by the public as corrupt, especially after the ruling was determined. Because this was the first case of its kind that addressed the legitimacy of Executive privilege within other branches of government, it set a precedent for future decisions regarding the division of power. The President’s exclusive abilities should not be allowed to impact the judicial process in any way, as that would be an abuse of power. Although there are always going to be aspects of government affairs that should not be addressed openly, such as matters of national
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299 Words | 2 PagesExecutive privilege has been referenced in many supreme court decisions and even some that are related directly to the current case that is before us today. In the second world war during the year 1944 the precedent setting supreme court case Korematsu Vs U.S. was argued setting the precedent that in a time of war (of which one we are in right now) the government could use the crucial notion of executive privilege to preserve national security. While the way it was executed is different in both cases surly there are some parallels. This case truly fleshes out what it means to have executive privilege and is an important case to keep in mind as we look at Hamdi v Rumsfeld. This case cited executive privilege as being able to override the rights
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