PSCI 3322 Lecture Notes - Lecture 2: Executive Privilege, Appointments Clause, Grand Jury
17 Oct 2016
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Facts: ethics in gov act of 1978 created a special court and empowered the attorney general to recommend to the court the appointment of an independent counsel to investigate and prosecute gov officials for violations of federal crime laws. Question of law: did the act violate separation of powers. Facts: grand jury returned indictments against seven of pres. They sought audio tapes of conversations recorded by nixon in the oval. He is immune from the subpoena claiming executive privilege, the right to withhold information from other government branches to preserve confidential communications within the executive branch or to secure the national interest. Response: unanimous, no - neither the separation of powers, or need for confidentiality of high-level communications can sustain an absolute, unqualified, presidential privilege. There is limited privilege in military or diplomatic affairs, but gave fundamental demands of due process of law in the fair administration of justice.
