Case Citation: US vs. NIXON 418 US 683, Law Subject: EVIDENCE, Category: STATE SECRETS
1972. Watergate building, Washington, D.C. 1:46 A.M. Timer starts. Gun propelled cables hitting target walls. 300 Seconds to execute covert mission. Agents in black suit swinging down on zip lines. Music starts: (Mission Impossible Theme). “Tum tum ♫♫–tunum, tum tum-♪ tunum” . Although not exactly as it happened but.. helps to be creative at times.
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| A more elucidating exposition on its ruling worth pondering upon |
There’s one covert operation in the Bible that I’m reminded of. And the uniqueness of the incident is that the commander of that army hadn’t even had the slightest clue about the operation itself.
You know before King David rose to power, he was a fugitive.King Saul and his army were hunting him down like a dog with only one intent and that is to kill him. He was considered threat to the throne where he himself had no inkling or the slightest plan to dethrone him. This must be the time when David wrote the 3rd Chapter of Psalms, a time when he was faced with numerous enemies on every side. While he was fleeing, his countrymen were pursuing him with swords drawn upon his head. At the same time since he was forced to wander outside the city of his birth he was faced with all their enemies on every side wherever he set foot just to find refuge.
But the Lord was with David and He protected him. And had caused him and his few men to win every battle they were faced with, until David found a refuge and lived in the strongholds of En Gedi. All those who were in distress or in debt or discontented gathered around him, and he became their leader. Men who are skilled in war have defected to him. Warriors with faces of lions and could shoot arrows with both left or right hand. And as days go by his army grew stronger and larger.
I think it was in Ziklag where they fought one of their most memorable battles. They were somewhat cornered by the Amalekites, and they were forced to camp where there were no water supplies. At night when David was alone his faithful men overheard him say “Oh if I could only drink from the waters of ___” (looks like I forgot the name of the river sorry). They couldn’t drink because the enemy had camped right on the river. And so about five of his brave warrior men set out on a covert mission. The mission? To secure water from the river placed in a jug for their commander David.
The mission was executed perfectly. Water was drawn and brought to David. But David shocked and surprised in finding out the sacrifice and ordeal that his men went through which almost caused their lives couldn’t find it worthy to drink from the jug. And as sacrifice to God his protector and to give due recognition to his men’s selfless act of bravery, he didn’t let his tongue touch the water and instead poured it on the ground. He gained even more respect and utmost loyalty even unto death from his army by doing this.
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| was laid down by my Evidence professor in his own case digest of the US Case |
But the Lord was with David and He protected him. And had caused him and his few men to win every battle they were faced with, until David found a refuge and lived in the strongholds of En Gedi. All those who were in distress or in debt or discontented gathered around him, and he became their leader. Men who are skilled in war have defected to him. Warriors with faces of lions and could shoot arrows with both left or right hand. And as days go by his army grew stronger and larger.
I think it was in Ziklag where they fought one of their most memorable battles. They were somewhat cornered by the Amalekites, and they were forced to camp where there were no water supplies. At night when David was alone his faithful men overheard him say “Oh if I could only drink from the waters of ___” (looks like I forgot the name of the river sorry). They couldn’t drink because the enemy had camped right on the river. And so about five of his brave warrior men set out on a covert mission. The mission? To secure water from the river placed in a jug for their commander David.
The mission was executed perfectly. Water was drawn and brought to David. But David shocked and surprised in finding out the sacrifice and ordeal that his men went through which almost caused their lives couldn’t find it worthy to drink from the jug. And as sacrifice to God his protector and to give due recognition to his men’s selfless act of bravery, he didn’t let his tongue touch the water and instead poured it on the ground. He gained even more respect and utmost loyalty even unto death from his army by doing this.
The case Nixon of course was a different story. Agents of CREEP broke into the Democratic National Headquarters. Reason for the break in? Don’t ask. Isn’t it obvious? Were looking at a Republican President.
President Richard Nixon, was running for re-election against a Democrat Senator. Five months before the election, the break in commenced. Thinking it was simple burglary, not knowing it’ll be the start of a big national controversy an alert security guard caught the agents red handed. Reporters following the story connected the burglars to high-ranking officials in the White House. It was slowly uncovered that President Nixon authorized the break-in. Nixon denied any connection to the break-in. The President was named as an unindicted co-conspirator and was ordered by a District Court upon subpoena, to produce certain tapes, memoranda, and other writings related to specific meetings associated with the break-in. Nixon asserted that he was immune from the subpoena claiming "executive privilege," which is the right to withhold information from other government branches to preserve confidential communications within the executive branch or to secure the national interest.
The American Congress had no alternative but to conduct an independent Congressional investigation where the hearings revealed that Nixon had installed a tape-recording device in the Oval Office. The special prosecutor in charge of the case wanted access to these taped discussions of the break-in to help prove that President Nixon and his aides had abused their power and broken the law.
The District Court ruled against Nixon. The President appealed and the case quickly reached the Supreme Court. Here’s how it happened, the President released transcripts to some of the tapes and then moved to quash the release of them all together on grounds of executive privilege. But the District Court denied the motion to quash. The US Supreme Court by motu propio took the case before the Court of Appeals could hear it, and then affirmed the lower court and remanded it for examination of the subpoenaed documents. Nixon's attorney argued the matter should not be subject to "judicial resolution" since the matter was a dispute within the executive branch and the branch should resolve the dispute itself.
Guys, this is a matter of election tactics and obviously the President was caught playing dirty. But it was considered a clear criminal act. See how our American judicial and legal counterparts as well as the American public put premium to what is equitable and fair?
Question, what happened here? Is the President’s constitutional privilege, absolute? The Supreme Court have the final voice in determining constitutional issues; let’s see what the US Supreme Court has to say. This is no doubt a question of law and indeed falls as a constitutional question. Is the President's right to safeguard certain information, using his "executive privilege" confidentiality power, entirely immune from judicial review?
NO. The US Supreme Court decided that executive privilege is not limitless. No person, not even the president of the United States, is completely above the law; and the president cannot use executive privilege as an excuse to withhold evidence that is "demonstrably relevant in a criminal trial." It was held that Neither the doctrine of separation of powers, nor the generalized need for confidentiality of high-level communications can sustain an absolute, unqualified, presidential privilege. The Court said that “under the Constitution, the judiciary had the final voice, not the Executive branch”. As for ‘executive privilege,’ the Court acknowledged that the “President had a right to privileged communication where certain areas of national security were concerned.” However, the Court stated that “this case did not meet those conditions”. Furthermore, the Court declared that “no president is above the law.” A preference must be given to "the fundamental demands of due process of law in the fair administration of justice." Therefore, the president must obey the subpoena and produce the tapes.
Nixon handed over the tapes that revealed that he had personally engaged in the cover-up of the burglary. Within a few days, Congress began impeachment proceedings against the President for his actions. Rather than face the impeachment hearings, Nixon resigned from office.
". . . Absent a claim of need to protect military, diplomatic, or sensitive national security secrets, we find it difficult to accept the . . . [absolute] confidentiality of presidential communications."
— Chief Justice Warren Burger
