How we cite our quotes: (Section.Subsection.Paragraph) or (Section.Paragraph)
Quote #1
The President, claiming executive privilege, filed a motion to quash the subpoena. The District Court, after treating the subpoenaed material as presumptively privileged, concluded that the special prosecutor had made a sufficient showing to rebut the presumption and that the requirements of Rule 17(c) had been satisfied. (Opening.2)
This is a great illustration of the rules and order of our justice system. President Nixon claimed executive privilege to get rid of the subpoena for his tapes. Instead of just accepting Nixon's privilege, we had a system of government in place to examine Nixon's claim.
Quote #2
Neither the doctrine of the separations of powers nor the generalized need for confidentiality of high-level communications, without more, can sustain an absolute unqualified Presidential privilege of immunity from judicial process under all circumstances. (Syllabus.4)
In trying to clarify a rule about executive privilege, the Court identifies its limits.
Quote #3
[…] The District Court has a heavy responsibility to ensure that material involving Presidential conversations irrelevant to or admissible in the criminal prosecution be accorded the high degree of respect due a President and that such material be returned under seal to its lawful custodian. (Opening.12)
Just because the president's tapes have been subpoenaed doesn't mean they can post it all over Facebook during the trial. If the president's tapes were seized and examined, they would have to stay secret, and then kept secret after the trial. As much as the Supremes thought it was important for the special prosecutor to get the info he needed, they knew the tapes had to be treated with the utmost care, especially since one of them had already been tampered with: the mysterious 18 ½ -minute gap.
Update: 3,000+ hours of the tapes are now available to anyone with a broadband connection and lots of free time.
Quote #4
The court rejected the President's claims of absolute executive privilege, of lack of jurisdiction, and of failure to satisfy the requirements of Rule 17(c). (Opening.15)
This is the court straight out telling Nixon that the special prosecutor did indeed have the jurisdiction to subpoena and examine his tapes. For the specifics of Rule 17(c), you can refer to our "Detailed Summary" section.
Quote #5
On the other hand, the allowance of the privilege to withhold evidence that is demonstrably relevant in a criminal trial would cut deeply into the guarantee of due process of law and gravely impair the basic function of the courts. (IV.C.13)
This (prophetic) quote warns of the dangers of unlimited executive privilege, which could undermine the rule of law and paralyze the function of the courts. For investigations to be carried out, certain rules have to be in place to make it possible for prosecutors to gather evidence. They had no idea at this point about the extent of the criminal activities that their decision would uncover.