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Anonymous asked in Arts & HumanitiesHistory · 1 decade ago

Summarize the principle of "executive priviledge."?

How did this principle appear in the court case Nixon v. United states, 1974? Is the power of "executive priveledge" an absolute priveledge?

1 Answer

  • 1 decade ago
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    It's intended to keep the President from having to deal with things like traffic tickets and the like, but it's application has been attempted with more serious offenses.

    The idea is that the President cannot be convicted of a crime while in office, unless that crime rises to the level of treason, or "high crimes and misdemeanors" which are investigated by the House of Representatives (acting as a huge Grand Jury) and tried by the Senate (acting as a trial jury).

    In Nixon's case, the Executive branch was trying to claim executive privilege for those working for the President as well as the President himself. Remember that Haldeman, Ehrlichman, Liddy and the Cubans were the only ones indicted in the coverup. They tried to get executive privilege for them, but it didn't work.

    In the case you refer to, I believe it had to do with the subpoena to supply the recorded conversations from the Oval Office or transcripts thereof. The House Select Committee on Watergate and Special Prosecutor Archibald Cox wanted them, and the White House didn't want to give them up. What was released, were transcripts of those tapes, though the tapes themselves are available now, I think. I believe I heard something last year about the release.

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