United States v. Nixon (1974)

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

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

3. 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. Public Policy

4. 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.

5. 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. Leading up to Trial. Cont.

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

7. 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: United States (Plaintiff)

8. 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. Trial: Nixon (Defendant)

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

10. Burger Douglas Brennan Stewart Unanimous Decision. 8-0 Powell Blackmun Marshall White

11. 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. Decision

12. 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

13. 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. Results

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

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

16. 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 Works Cited