United States v Nixo Essay Example for Free

united States v Nixo EssayA grand jury returned indictments against seven of hot seat Nixons White House staff members and political supporters of the chairperson for violation of federal statutes in the Watergate affair,. The President on the other hand was named as an un-indicted co-conspirator. The finical prosecutor Leon Jaworski filed a motion under Federal Rule of Criminal agency Rule 17 for a serve duces tecum, a court summons line of battleing the President to appear before the court and set out tapes, documents and other tangible severalize relating to precisely identified conversations and meeting between President Nixon and his aides. The dominion cost initially treated the subpoena ad testificandum real as presumptively letd, but then concluded that the Special Prosecutor made sufficient showing to justify a subpoena for production before rill. The District salute then issued an order for an in camera examination of the subpoenaed material, rejecting P resident Nixons contentions that the judiciary lacked g everyplacenment agency to review his assertion of absolute executive licensed and the dispute between him and the Special Prosecutor was nonjusticiable as an intra-executive conflict.The District hook of the District of Columbia issued an order for in camera assessment of subpoena material consequently rejecting President Nixons arguments. President Nixon then sought appellate review in the judicature of Appeals. The Special Prosecutor Leon Jaworski subsequently filed a writ of certiorari and President Nixon filed a cross-petition for a writ challenging the grand jury. The U.S lordly homage granted both petitions.Under the laws of the constitution, can the President of the United States, upon his non-indictment for conspiracy which violates federal law, invoke absolute executive privilege that interferes with a District Court order come ining him to produce certain tape recordings and documents relating to his conversat ions with aides and advisers?1. Article II Section 2 He shall dedicate Power, by and with the Advice and admit of the Senate, to make Treaties, provided two thirds of the Senators present concur and he shall nominate, and by and with the Advice and Consent of the Senate, shall mete out Ambassadors, other public Ministers and Consuls, Judges of the irresponsible Court, and all other Officers of the United States, whose Appointments are non herein otherwise provided for, and which shall be established by Law but the Congress whitethorn by Law vest the Appointment of such inferior Officers, as they think proper, in the President alone, in the Courts of Law, or in the Heads of Departments2.Federal Rule of Criminal Procedure Rule 17 (c) A subpoena may order the witness to produce any books, papers, documents, data, or other objects the subpoena designates. The court may direct the witness to produce the designated items in court before trial or before they are to be offered in evide nce. When the items arrive, the court may permit the parties and their attorneys to inspect all or part of them.3.Fifth Amendment No mortal shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public hazard nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or place, without overdue process of law nor shall private property be taken for public use, without just compensation.4.Sixth Amendment In all criminal prosecutions, the accused shall enjoy the recompense to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation to be confronted with the witnesses against him to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defense.The Supreme Court proceeded in determining a resolution to the case by acknowledging and evaluating the presented arguments of both parties. They began with assessing the argument by President Nixons counsel that the dispute between the President and the Special Prosecutor Leon Jaworski was an intra-branch dispute between a subordinate and superior officer of the Executive Branch and is not subjected to judicial resolution. Based on that claim, the Supreme Court introduced the regulations of the Authority of Article II, Section 2 and indicated that under those regulations Congress has vested in the Attorney common the power to conduct the criminal litigations of the United States Government.Along with that, the Attorney everyday to a fault has the power to app oint subordinate officers to assist him in the discharge of his duties. For cases such as this and in conformation of the statutes, the Attorney General delegated authority to Special Prosecutor Leon Jaworski to represent the United States. Based on the governing statutes and the delegation of authority, the Supreme Court agreed that the Special Prosecutor was indeed acting within the scope of his express authority. They also included that the fact that both parties are officers of the Executive Branch could not be viewed as an dodging of justifiability and would however be inconsistent with applicable laws and regulations.As a pass on of that, the Supreme Courts concluded that the Special Prosecutor has standing to bring action and that a justifiable disagreement had been presented for decision. The turn argument the Supreme Court reviewed was the right smart in which the evidence was sought, by determining whether the issuance of the subpoena duces tecum in the federal crimina l proceeding was in accordance with the requirements of the Federal Rule of Criminal Procedure -Rule 17 (c). The Supreme Court concluded that the Special Prosecutor satisfied the requirements by ensuring that production of the evidence sought displayed relevancy, admissibility, and specificity to the criminal case. Along with that, the Supreme Court agreed that there was sufficient likelihood that from each one of the tapes contained conversations relevant to the offenses charged in the indictment.Finally the Supreme Court evaluated the argument by President Nixons counsel, of immunization from the subpoena on the basis of absolute executive privilege. The Supreme Court weighed the importance of global privilege of confidentiality of Presidential communication and took into account that the basis for the claim of privilege was not on the thou of military or diplomatic secrets. In the absence of a claim of military, diplomatic or handsome national security secrets, the Supreme Co urt rejected the argument of confidentiality of Presidential communication, stating that the allowance of the privilege to maintain evidence that proves relevant in a criminal trial would cut deeply into the guarantee of due process of the law depicted in the Fifth Amendment.Along with that the Sixth Amendment confers upon every defendant in a criminal trial the right to be confronted with the witnesses against him and to have compulsory process for obtaining witnesses in his favor. wherefore full disclosure of the facts is essential to the carrying out justice of the Sixth Amendment right to face adversaries. The Supreme Court concluded that when the grounds for asserting privilege against the production of subpoenaed material sought for the use in a criminal proceeding is based on a general interest in confidentially, the claim of privilege must yield to the specific need for evidence.The Supreme Court justices exerted strenuous effort to agree upon a decision in this case. Thei r efforts resulted with a unanimous 8 to 0 ruling, ordering President Nixon to comply with the subpoena and produces the tapes and documentation to use as evidence in the trial court. In regards to the claims of absolute executive privilege the Supreme took into account that the Presidents communications and activities encompass a wide range of cutting material and is therefore entitled him deference.However since the basis for asserting privilege was not related to definitive military or diplomatic secrets affecting national security, the need to ensure a fair trial outweighed the principle of executive privilege. Ultimately the Supreme Courts final ruling gave preference to the wakeless demands of due process of the law in the fair administration of justice.My opinion is that the President refused to turn over the evidence because it contained relevant facts that would indicate his involvement therefore invoking a right to privilege of confidentiality was a way in which to avoi d an order that could possibly reveal information that could convict him as well. However disrespect the President great dissent for the ruling, once he exercise the order by the Supreme Court to produce the relevant evidence, the content undoubtedly revealed the President participation in the Watergate scandal. As a result of this President Nixon resigned from office in effort to avoid impeachment, becoming the first President of the United declared to ever resign his position.