United States v. Nixon, 418 U.S. 683 (1974)
FACTS
A grand jury returned indictments against seven of President Nixon’s White House staff members and political supporters of the President for violation of federal statutes in the Watergate affair,. The President on the other hand was named as an un-indicted co-conspirator. The Special Prosecutor Leon Jaworski filed a motion under Federal Rule of Criminal Procedure - Rule 17 for a subpoena duces tecum, a court summons ordering the President to appear before the court and produce tapes, documents and other tangible evidence relating to precisely identified conversations and meeting between President Nixon and his aides. The District Court initially treated the subpoena material as presumptively privileged, but then concluded that the Special Prosecutor made sufficient showing to justify a subpoena for production before trial. The District Court then issued an order for an in camera examination of the subpoenaed material, rejecting President Nixon’s contentions that the judiciary lacked authority to review his assertion of absolute executive privileged and the dispute between him and the Special Prosecutor was nonjusticiable as an “intra-executive” conflict. …show more content…
President Nixon then sought appellate review in the Court of Appeals. The Special Prosecutor Leon Jaworski subsequently filed a writ of certiorari and President Nixon filed a cross-petition for a writ challenging the grand jury. The U.S Supreme Court granted both