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Facts: The United States District Court for the District of
Columbia Circuit issued a subpoena duces tecum for Nixon’s Oval Office tapes. Nixon moved to quash the subpoena. Nixon asserted absolute executive privilege.
Issue: Does the separation of powers doctrine preclude
judicial review of a President’s claim of privilege? If not, does the presidential privilege outweigh
the subpoena?
Rule:
Analysis: Absolute privilege on the part of the executive
branch couldn’t have been what the framers had in mind, the Court reasons,
because an absolute privilege on the part of one branch would place
unacceptable limitations on the other branches.
It seems like they would be more sympathetic to the claim of privilege
if Nixon provided a specific basis
for it, such as “national security”.
Conclusion: Nixon loses!