1. United States V. Nixon The Watergate Scandal

2. Summary This became a landmark United states supreme court decision against President Nixon. On June 17, 1972 5 burglars broke into the Watergate building also known as the Democratic headquarters. The burglars were linked to the White house under Nixon. Later tapes were found that held information that could link the president to the burglars. Nixon pleaded guilty claiming that this shouldn’t be subject to judicial resolution since the matter was a dispute within the executive branch. Also he argued that the tapes should be protected under the president’s executive privilege.

3. Arguments United States Nixon The President's power to claim executive privilege is not an absolute one. Executive privilege may not be invoked to deny the courts access to evidence needed in a criminal proceeding. This is a dispute that can be heard in the federal courts. The constitutional system of separation of powers grants to the President the privilege of withholding information from the other branches of government. This power is absolute, and it is very important where high-level communications are involved. In addition, this dispute should be resolved within the executive branch, not by the courts.

4. Supreme Courts Decision The Court ruled unanimously that President Nixon had to give up the tapes. The Court made it clear that the President could not withhold evidence from an ongoing criminal prosecution of another person simply because he was the President. The ruling established a constitutional basis for executive privilege. It also stated that the president is not immune from judicial process, and must turn over evidence warrant by the courts. The doctrine of executive privilege entitles the president to a high degree of confidentiality from the courts if the evidence involves matters of national security, but the president cannot hold back evidence involving non-sensitive information when needed for a criminal investigation.