Art. II. (Executive Branch), § 2, Cl. 1 (President): United States v. Nixon, 418 U.S. 683 (1974).
Grand jury named President Nixon as un-indicted co-conspirator. Special prosecutor subpoenaed audiotapes and documents of conversations between President and staff, which President moved to quash, citing executive privilege. Supreme Court held that (1) it had jurisdiction; (2) issue regarding subpoena was justiciable and appealable; (3) mere assertion of an “intra-branch dispute” was insufficient to defeat federal jurisdiction; and (4) mere claim of executive privilege, rather than specific assertion of privilege against disclosure cannot trump due process, requiring disclosure of all relevant evidence in a criminal case.
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