United States v. Nixon (1974)

Diagram of How the Case Moved Through the Court System

Supreme Court of the United States

In a special session, the Supreme Court heard oral arguments on July 8, 1974. The case issues: 1) Do the courts have the jurisdiction to hear a case involving a dispute within the executive branch? 2) Does the president have the power of absolute privilege and, if so, does his privilege prevail over the demands of the subpoena in this case? The Court rules that it does have jurisdiction and that the president's executive privilege power is not absolute. Therefore, the president must comply with the subpoena and turn over the tapes.

United States v. Nixon (July 24, 1974)

U.S. Circuit Court of Appeals

President Nixon appeals the U.S. District Court decision to the U.S. Court of Appeals, which does not hear the appeal because the case moves directly to the Supreme Court of the United States. The special prosecutor asks the Supreme Court of the United States to take the case in the interest of achieving a final resolution to the case. The Court agrees to hear the case.

U.S. District Court

Rules against President Nixon and supports the subpoena, saying that he must turn over the tapes

United States v. Mitchell (May 20, 1974)

President Nixon releases edited transcripts of 43 conversations, 20 of which had been subpoenaed. President Nixon refuses to release more material and tries to ignore the subpoena.

April 30, 1974

U.S. District Court

Judge John Sirica issues a subpoena, ordering President Nixon to turn over certain tape recordings of specifically named advisors and aides on particular dates.

In re Subpoena to Nixon (August 29, 1973)

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Diagram of How the Case Moved Through the Court System

 
Listen to the Oral Arguments
 
Key Excerpts from the Opinion
 
Full Text of the Opinion

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Activities
    The Case
What Secrets Are Protected Under Executive Privilege?
 
National Archives Lesson: Should the Special Prosecutor Indict Former President Nixon?

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    After the Case
Nixon's Views on Presidential Power: Excerpts from a 1977 Interview with David Frost
 
Through the Years: Comparing Impeachments in U.S. History

President Clinton: The President as Defendant

The Legacy of Watergate: RethLegal Ethics

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    Additional     Resources
The Washington Post's 25th Anniversary Web site for Watergate
 
CNN's All Politics Web site on Watergate
 
Primary and Secondary Source Background Materials on Watergate
 
Listen to the Nixon White House Tapes from the National Archives
 
Listen to and Read Transcripts of President Nixon's White House Tapes, Including the "Smoking Gun" Conversation
 
The History of the Watergate Scandal: An Internet Scavenger Hunt

Watergate Lesson Plan

Executive Privilege

The Starr Investigation and Continuing Reliance on United States v. Nixon

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