U.S. v. Nixon: Power Quotes

How we cite our quotes: (Section.Subsection.Paragraph) or (Section.Paragraph)

Quote #4

The Attorney General by regulation has conferred upon the special prosecutor unique tenure and authority to represent the United States and has given the special prosecutor explicit power to contest the invocation of executive privilege in seeking evidence deemed relevant to the performance of his specially delegated duties. (Opening.6)

This line's important, because it explains how the Watergate special prosecutor got the power to subpoena the president. The power of the special prosecutor is handed down by the attorney general. It's kind of a chain-of-command argument.

Quote #5

The District Court held that the judiciary, not the President, was the final arbiter of a claim of executive privilege. The court concluded that, under the circumstances of this case, the presumptive privilege was overcome by the special prosecutor's prima facie "demonstration of need sufficiently compelling to warrant judicial examination in chambers […]." (Opening.16)

This throws in the president's face that the courts have the power to justify or reject a claim of executive privilege, not the president: We are the Supreme Court and you will respect our authority.