United States v. Nixon

The Court ordered President Nixon to surrender the Watergate tapes, holding that executive privilege is not absolute.

Overview

The Watergate special prosecutor subpoenaed tapes and documents after cover-up indictments, and Nixon claimed absolute executive privilege over the materials. Chief Justice Burger, for a unanimous Court, held that a privilege exists for military, diplomatic, and sensitive national security communications, but yields to the fundamental demands of due process of law in a criminal prosecution. The Court ordered the tapes released; they revealed the President's involvement, and he resigned weeks later. The decision established that no person, not even a President, stands above the law's fair administration.