The Distribution of National Regulatory Powers: Presidential Immunity from Judicial Process

Question 1

United States. v. Nixon

Answer 1

A claim of executive privilege cannot prevail when the claim does not concern military, diplomatic, or sensitive national security secrets, is general in nature and the court needs them to decide a specific criminal issue.

Question 2

United States. v. Nixon

Issue

Answer 2

Whether a claim of executive privilege can prevail when the claim does not concern military, diplomatic, or sensitive national security secrets and is general in nature and the court needs them to decide a specific criminal issue.

Question 3

United States. v. Nixon

Facts

Answer 3

Nixon was an unindicted co-conspirator for defrauding the United States. The special prosecutor subpoenaed documents, recordings, etc. related to the case but the president refused to produce them claiming executive privilege

Question 4

United States. v. Nixon

Reasoning

Answer 4

A general claim of confidentiality cannot prevail against the court’s need to see particular evidence in a criminal trial. The president must produce the evidence for in-camera review. The court must give the evidence upmost care when reviewing, redact non-relevant info, and immediately reseal the privileged info and return it. This protects the separation of power.

Question 5

United States. v. Nixon

Holding

Answer 5

The president must produce the subpoenaed evidence.

Question 6

Nixon v. Administrator of General Services

Answer 6

The Presidential Recordings and Materials Preservation Act, which allowed the Administrator of the General Services Administration to review and maintain presidential records, does not violate the separation of powers or executive privilege. The act did not violates the separation of powers because the documents were reviewed by people in the Executive Branch. The former president can claim privilege for the same scope as in United States v. Nixon but not from the executive branch. The court balanced the limited intrusion against the substantial public interest to know what happened and the public interest outweighed privilege.

Question 7

Clinton v. Jones

Answer 7

Executive privilege does not extend to a president’s actions before he was president. Civil litigation does not have to be postpone until the president serves his term. However, if a president demonstrates the litigation is interfering with his ability to perform his duties, the judiciary must take that into account when scheduling it

Question 8

Trump v. Vance

Answer 8

Article II and the Supremacy Clause do not prevent a subpoena for a president’s records or require a heightened showing of need because there was no unconstitutional interference with his duties. A grand jury issued a subpoena for Trump’s tax records.

Question 9

Trump v. Mazars USA, LLP

Answer 9

The House of Representatives has the power to subpoena a president’s records if it specifically states why the records are needed.