United States v. Nixon 1974

Could President Nixon withhold White House tapes subpoenaed for a criminal trial?

418 U.S. 683 (1974)Presidential power

The question: Could President Nixon withhold White House tapes subpoenaed for a criminal trial?
What the Court held: No. Executive privilege is real but not absolute, and a generalized claim yields to the need for evidence in a criminal trial.
The vote: 8–0. Justice Rehnquist did not take part.
Era: Civil rights and Vietnam
Read the opinion: 418 U.S. 683 (1974), full text

This page summarizes the Court’s judgment in neutral terms. The opinion, concurrences and dissents are the authority; read them for the reasoning.

Where the question came from. The events behind it.

1974

President Nixon resigns

August 9, 1974 · Oversight and accountability

Two weeks after United States v. Nixon required release of the White House tapes, and after the House Judiciary Committee approved articles of impeachment, President Nixon resigns.

Source: National Archives