How we cite our quotes: (Section.Subsection.Paragraph) or (Section.Paragraph)
Quote #1
The court thereafter issued an order for an in camera examination of the subpoenaed material, having rejected the President's contentions (a) that the dispute between him and the special prosecutor was nonjusticiable as an "intra-executive" conflict and (b) that the judiciary lacked authority to review the President's assertion of executive privilege. (Opening.2)
This is a classic power struggle between the executive and judicial branches of the U.S. government. In essence, Nixon's lawyers are saying that the court has no right to even get involved in a dispute between the special prosecutor and the prez. The Supremes begged to differ and claimed that it was their call, not Nixon's.
Quote #2
The dispute between the special prosecutor and the President presents a justiciable controversy. (Opening.4)
The Court's saying that they have a perfect right to intervene in the dispute between the special prosecutor and the president. It's "justiciable," meaning it can be decided in the courts, can go to trial, etc. Shmoop apologizes in advance if autocorrect changes this to "justifiable" or "Justin Timberlake."
Quote #3
The mere assertion of an "intra-branch dispute," without more, does not defeat federal jurisdiction. (Opening.5)
Just because the president claims that this is a disagreement within the executive branch, this does not stop the authority of the judicial branch to investigate possible federal crimes. Point by point, the Court's taking down Nixon's arguments.
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.