US. Vs. Richard Nixon Research Paper Example | Topics and Well Written Essays - 1000 words

US. Vs. Richard Nixon - Research Paper Example Since it was evident that the tapes might contain some contents that transgressed the arena of a president’s executive responsibility, the executive privilege of the President could not deny the judicial authority’s access to criminal evidence in a judicial proceeding. Historical Background of the United States vs. Nixon Case During the presidential campaign in June 1972, a group of burglars equipped with cameras and bugging devices were arrested while attempting to break into the Democratic Party Headquarters in Watergate. Soon in a subsequent police investigation, it became evident that the Nixon officials and even the President himself might be involved in this burglary. Though Nixon government denied any involvement with the crime, it made several attempts to cover up the connections of the burglary to the Oval Office. But under the crushing pressure of the Congress and the public, Nixon was forced to appoint Archibald Cox and Leon Jaworski successively as the speci al prosecutors. Meanwhile it was revealed that Nixon had several records of the conversations that might contain the evidence of the President’s cover-up of the burglary. ... Though Nixon released several edited versions of the tapes, he claimed that the materials were â€Å"protected under executive privilege† (). Also Nixon’s attorney St. Clair argued for the President’s absolute power to withhold information from being released: â€Å"The President wants me to argue that he is as powerful a monarch as Louis XIV, only four years at a time, and is not subject to the processes of any court in the land except the court of impeachment† (Kutler 131). Constitutional Issues and Arguments in the Case At a stage, the questions were raised: 1. whether the President is entitled, by the Constitution induced separation of powers, with an absolute power to maintain confidentiality of information from the court or other branches of the government, 2. whether the President could protect information under executive privilege, 3. whether â€Å"the claim of executive privilege damages the precedent set by the 5th Amendment, which ensures due p rocess† (). On the State’s side, it was argued that the President does not have an absolute power to withhold information, as the court said, â€Å"Neither the doctrine of separation of powers nor the generalized need for confidentiality of high-level communications, without more, can sustain an absolute, unqualified Presidential privilege of immunity from judicial process under all circumstances† (US v. Nixon). Neither the president’s executive privilege should come into conflict with a court’s demand for evidence in a criminal proceeding. Also as far as the question of justice is related to a case, the court can properly render justice, as in this regard Warren Burger wrote, When a claim of Presidential privilege as to materials subpoenaed