ABSTRACT
In 1974 a grand jury of the United States District Court for the District of Columbia returned an indictment charging a number of individuals with, among other things, a conspiracy to defraud the United States. Although not specifically identified as such in the indictment, President Richard Nixon was named as an unindicted co-conspirator. A subpoena was later issued upon the request of the special prosecutor demanding the production of certain documents, including tape recordings, relating to meetings between the president and his aides and advisors. The president moved to quash the subpoena, asserting that the materials were subject to executive privilege. In a unanimous decision, the Court ruled that the president was required to comply with the subpoena. Specifically, the Court concluded that although the president may assert a constitutionally protected privilege under certain circumstances related to military, diplomatic, or national security, the president does not enjoy an absolute privilege.
