text:
United States v. Nixon, 418 U.S. 683 (1974)
Supreme Court of the United States
Filed: July 24th, 1974
Precedential Status: Precedential
Citations: 418 U.S. 683, 94 S. Ct. 3090, 41 L. Ed. 2d 1039, 1974 U.S. LEXIS 93
Docket Number: 73-1766
Supreme Court Database ID: 1973-172
Author: Warren Earl Burger

418 U.S. 683 (1974)
UNITED STATES
v.
NIXON, PRESIDENT OF THE UNITED STATES, ET AL.

No. 73-1766.
Supreme Court of United States.

Argued July 8, 1974.
Decided July 24, 1974.[*]
CERTIORARI BEFORE JUDGMENT TO THE UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT.
*685 Leon Jaworski and Philip A. Lacovara argued the cause and filed briefs for the United States in both cases.

James D. St. Clair argued the cause for the President *686 in both cases. With him on the briefs were Charles Alan Wright, Leonard Garment, Michael A. Sterlacci, Jerome J. Murphy, Loren A. Smith, James R. Prochnow, Theodore J. Garrish, James J. Tansey, and Larry G. Gutterridge. William Snow Frates, Andrew C. Hall, Spencer H. Boyer, and Henry H. Jones filed a brief for respondent Ehrlichman in No. 73-1766. John M. Bray filed a brief for respondent Strachan in No. 73-1766.[]

MR. CHIEF JUSTICE BURGER delivered the opinion of the Court.

This litigation presents for review the denial of a motion, filed in the District Court on behalf of the President of the United States, in the case of United States v. Mitchell (D. C. Crim. No. 74-110), to quash a third-party subpoena duces tecum issued by the United States District Court for the District of Columbia, pursuant to Fed. Rule Crim. Proc. 17 (c). The subpoena directed the President to produce certain tape recordings and documents relating to his conversations with aides and advisers. 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). The President appealed to the Court of Appeals. We granted both the United States' petition for certiorari before judgment (No. 73-1766),[1] and also the President's cross-petition for certiorari *687 before judgment (No. 73-1834),[2] because of the public importance of the issues presented and the need for their prompt resolution. 417 U.S. 927 and 960 (1974).

On March 1, 1974, a grand jury of the United States District Court for the District of Columbia returned an indictment charging seven named individuals[3] with various offenses, including conspiracy to defraud the United States and to obstruct justice. Although he was not designated as such in the indictment, the grand jury named the President, among others, as an unindicted coconspirator.[4] On April 18, 1974, upon motion of the Special *688 Prosecutor, see n. 8, infra, a subpoena duces tecum was issued pursuant to Rule 17 (c) to the President by the United States District Court and made returnable on May 2, 1974. This subpoena required the production, in advance of the September 9 trial date, of certain tapes, memoranda, papers, transcripts, or other writings relating to certain precisely identified meetings between the President and others.[5] The Special Prosecutor was able to fix the time, place, and persons present at these discussions because the White House daily logs and appointment records had been delivered to him. On April 30, the President publicly released edited transcripts of 43 conversations; portions of 20 conversations subject to subpoena in the present case were included. On May 1, 1974, the President's counsel filed a "special appearance" and a motion to quash the subpoena under Rule 17 (c). This motion was accompanied by a formal claim of privilege. At a subsequent hearing,[6] further motions to expunge the grand jury's action naming the President as an unindicted coconspirator and for protective orders against the disclosure of that information were filed or raised orally by counsel for the President.

On May 20, 1974, the District Court denied the motion to quash and the motions to expunge and for protective orders. 377 F. Supp. 1326. It further ordered "the President or any subordinate officer, official, or employee with custody or control of the documents or *689 objects subpoenaed," id., at 1331, to deliver to the District Court, on or before May 31, 1974, the originals of all subpoenaed items, as well as an index and analysis of those items, together with tape copies of those portions of the subpoenaed recordings for which transcripts had been released to the public by the President on April 30. The District Court rejected jurisdictional challenges based on a contention that the dispute was nonjusticiable because it was between the Special Prosecutor and the Chief Executive and hence "intra-executive" in character; it also rejected the contention that the Judiciary was without authority to review an assertion of executive privilege by the President. The court's rejection of the first challenge was based on the authority and powers vested in the Special Prosecutor by the regulation promulgated by the Attorney General; the court concluded that a justiciable controversy was presented. The second challenge was held to be foreclosed by the decision in Nixon v. Sirica, 159 U. S. App. D. C. 58, 487 F.2d 700 (1973).

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 . . . ." 377 F. Supp., at 1330. The court held, finally, that the Special Prosecutor had satisfied the requirements of Rule 17 (c). The District Court stayed its order pending appellate review on condition that review was sought before 4 p. m., May 24. The court further provided that matters filed under seal remain under seal when transmitted as part of the record.

On May 24, 1974, the President filed a timely notice of appeal from the District Court order, and the certified record from the District Court was docketed in the United *690 States Court of Appeals for the District of Columbia Circuit. On the same day, the President also filed a petition for writ of mandamus in the Court of Appeals seeking review of the District Court order.

Later on May 24, the Special Prosecutor also filed, in this Court, a petition for a writ of certiorari before judgment. On May 31, the petition was granted with an expedited briefing schedule. 417 U.S. 927. On June 6, the President filed, under seal, a cross-petition for writ of certiorari before judgment. This cross-petition was granted June 15, 1974, 417 U.S. 960, and the case was set for argument on July 8, 1974.

I

JURISDICTION

The threshold question presented is whether the May 20, 1974, order of the District Court was an appealable order and whether this case was properly "in" the Court of Appeals when the petition for certiorari was filed in this Court. 28 U.S. C. § 1254. The Court of Appeals' jurisdiction under 28 U.S. C. § 1291 encompasses only "final decisions of the district courts." Since the appeal was timely filed and all other procedural requirements were met, the petition is properly before this Court for consideration if the District Court order was final. 28 U.S. C. §§ 1254 (1), 2101 (e).

The finality requirements of 28 U.S. C. § 1291 embodies a strong congressional policy against piecemeal reviews, and against obstructing or impeding an ongoing judicial proceeding by interlocutory appeals. See, e. g., Cobbledick v. United States, 309 U.S. 323, 324-326 (1940). This requirement ordinarily promotes judicial efficiency and hastens the ultimate termination of litigation. In applying this principle to an order denying a motion to quash and requiring the production of evidence pursuant *691 to a subpoena duces tecum, it has been repeatedly held that the order is not final and hence not appealable. United States v. Ryan, 402 U.S. 530, 532 (1971); Cobbledick v. United States, supra; Alexander v. United States, 201 U.S. 117 (1906). This Court has

"consistently held that the necessity for expedition in the administration of the criminal law justifies putting one who seeks to resist the production of desired information to a choice between compliance with a trial court's order to produce prior to any review of that order, and resistance to that order with the concomitant possibility of an adjudication of contempt if his claims are rejected on appeal." United States v. Ryan, supra, at 533.
The requirement of submitting to contempt, however, is not without exception and in some instances the purposes underlying the finality rule require a different result. For example, in Perlman v. United States, 247 U.S. 7 (1918), a subpoena had been directed to a third party requesting certain exhibits; the appellant, who owned the exhibits, sought to raise a claim of privilege. The Court held an order compelling production was appealable because it was unlikely that the third party would risk a contempt citation in order to allow immediate review of the appellant's claim of privilege. Id., at 12-13. That case fell within the "limited class of cases where denial of immediate review would render impossible any review whatsoever of an individual's claims." United States v. Ryan, supra, at 533.

Here too, the traditional contempt avenue to immediate appeal is peculiarly inappropriate due to the unique setting in which the question arises. To require a President of the United States to place himself in the posture of disobeying an order of a court merely to trigger the procedural mechanism for review of the ruling would be *692 unseemly, and would present an unnecessary occasion for constitutional confrontation between two branches of the Government. Similarly, a federal judge should not be placed in the posture of issuing a citation to a President simply in order to invoke review. The issue whether a President can be cited for contempt could itself engender protracted litigation, and would further delay both review on the merits of his claim of privilege and the ultimate termination of the underlying criminal action for which his evidence is sought. These considerations lead us to conclude that the order of the District Court was an appealable order. The appeal from that order was therefore properly "in" the Court of Appeals, and the case is now properly before this Court on the writ of certiorari before judgment. 28 U.S. C. § 1254; 28 U.S. C. § 2101 (e). Gay v. Ruff, 292 U.S. 25, 30 (1934).[7]

II

JUSTICIABILITY

In the District Court, the President's counsel argued that the court lacked jurisdiction to issue the subpoena because the matter was an intra-branch dispute between a subordinate and superior officer of the Executive Branch and hence not subject to judicial resolution. That argument has been renewed in this Court with emphasis on the contention that the dispute does not present a "case" or "controversy" which can be adjudicated in the federal courts. The President's counsel argues that the federal courts should not intrude into areas committed to the other branches of Government. *693 He views the present dispute as essentially a "jurisdictional" dispute within the Executive Branch which he analogizes to a dispute between two congressional committees. Since the Executive Branch has exclusive authority and absolute discretion to decide whether to prosecute a case, Confiscation Cases, 7 Wall. 454 (1869); United States v. Cox, 342 F.2d 167, 171 (CA5), cert. denied sub nom. Cox v. Hauberg, 381 U.S. 935 (1965), it is contended that a President's decision is final in determining what evidence is to be used in a given criminal case. Although his counsel concedes that the President has delegated certain specific powers to the Special Prosecutor, he has not "waived nor delegated to the Special Prosecutor the President's duty to claim privilege as to all materials . . . which fall within the President's inherent authority to refuse to disclose to any executive officer." Brief for the President 42. The Special Prosecutor's demand for the items therefore presents, in the view of the President's counsel, a political question under Baker v. Carr, 369 U.S. 186 (1962), since it involves a "textually demonstrable" grant of power under Art. II.

The mere assertion of a claim of an "intra-branch dispute," without more, has never operated to defeat federal jurisdiction; justiciability does not depend on such a surface inquiry. In United States v. ICC, 337 U.S. 426 (1949), the Court observed, "courts must look behind names that symbolize the parties to determine whether a justiciable case or controversy is presented." Id., at 430. See also Powell v. McCormack, 395 U.S. 486 (1969); ICC v. Jersey City, 322 U.S. 503 (1944); United States ex rel. Chapman v. FPC, 345 U.S. 153 (1953); Secretary of Agriculture v. United States, 347 U.S. 645 (1954); FMB v. Isbrandtsen Co., 356 U.S. 481, 483 n. 2 (1958); United States v. Marine Bancorporation, ante, p. 602; and United States v. Connecticut National Bank, ante, p. 656.

*694 Our starting point is the nature of the proceeding for which the evidence is sought—here a pending criminal prosecution. It is a judicial proceeding in a federal court alleging violation of federal laws and is brought in the name of the United States as sovereign. Berger v. United States, 295 U.S. 78, 88 (1935). Under the authority of Art. II, § 2, Congress has vested in the Attorney General the power to conduct the criminal litigation of the United States Government.  28 U.S. C. § 516. It has also vested in him the power to appoint subordinate officers to assist him in the discharge of his duties. 28 U.S. C. §§ 509, 510, 515, 533. Acting pursuant to those statutes, the Attorney General has delegated the authority to represent the United States in these particular matters to a Special Prosecutor with unique authority and tenure.[8] The regulation gives the *695 Special Prosecutor explicit power to contest the invocation of executive privilege in the process of seeking evidence deemed relevant to the performance of these specially delegated duties.[9] 38 Fed. Reg. 30739, as amended by 38 Fed. Reg. 32805.

So long as this regulation is extant it has the force of law. In United States ex rel. Accardi v. Shaughnessy, 347 U.S. 260 (1954), regulations of the Attorney General delegated certain of his discretionary powers to the Board *696 of Immigration Appeals and required that Board to exercise its own discretion on appeals in deportation cases. The Court held that so long as the Attorney General's regulations remained operative, he denied himself the authority to exercise the discretion delegated to the Board even though the original authority was his and he could reassert it by amending the regulations. Service v. Dulles, 354 U.S. 363, 388 (1957), and Vitarelli v. Seaton, 359 U.S. 535 (1959), reaffirmed the basic holding of Accardi.

Here, as in Accardi, it is theoretically possible for the Attorney General to amend or revoke the regulation defining the Special Prosecutor's authority. But he has not done so.[10] So long as this regulation remains in force the Executive Branch is bound by it, and indeed the United States as the sovereign composed of the three branches is bound to respect and to enforce it. Moreover, the delegation of authority to the Special Prosecutor in this case is not an ordinary delegation by the Attorney General to a subordinate officer: with the authorization of the President, the Acting Attorney General provided in the regulation that the Special Prosecutor was not to be removed without the "consensus" of eight designated leaders of Congress. N. 8, supra.

The demands of and the resistance to the subpoena present an obvious controversy in the ordinary sense, but that alone is not sufficient to meet constitutional standards. In the constitutional sense, controversy means more than disagreement and conflict; rather it means the kind of controversy courts traditionally resolve. Here *697 at issue is the production or nonproduction of specified evidence deemed by the Special Prosecutor to be relevant and admissible in a pending criminal case. It is sought by one official of the Executive Branch within the scope of his express authority; it is resisted by the Chief Executive on the ground of his duty to preserve the confidentiality of the communications of the President. Whatever the correct answer on the merits, these issues are "of a type which are traditionally justiciable." United States v. ICC, 337 U. S., at 430. The independent Special Prosecutor with his asserted need for the subpoenaed material in the underlying criminal prosecution is opposed by the President with his steadfast assertion of privilege against disclosure of the material. This setting assures there is "that concrete adverseness which sharpens the presentation of issues upon which the court so largely depends for illumination of difficult constitutional questions." Baker v. Carr, 369 U. S., at 204. Moreover, since the matter is one arising in the regular course of a federal criminal prosecution, it is within the traditional scope of Art. III power. Id., at 198.

In light of the uniqueness of the setting in which the conflict arises, the fact that both parties are officers of the Executive Branch cannot be viewed as a barrier to justiciability. It would be inconsistent with the applicable law and regulation, and the unique facts of this case to conclude other than that the Special Prosecutor has standing to bring this action and that a justiciable controversy is presented for decision.

III

RULE 17 (c)

The subpoena duces tecum is challenged on the ground that the Special Prosecutor failed to satisfy the requirements of Fed. Rule Crim. Proc. 17 (c), which governs *698 the issuance of subpoenas duces tecum in federal criminal proceedings. If we sustained this challenge, there would be no occasion to reach the claim of privilege asserted with respect to the subpoenaed material. Thus we turn to the question whether the requirements of Rule 17 (c) have been satisfied. See Arkansas Louisiana Gas Co. v. Dept. of Public Utilities, 304 U.S. 61, 64 (1938); Ashwander v. TVA, 297 U.S. 288, 346-347 (1936) (Brandeis, J., concurring).

Rule 17 (c) provides:

"A subpoena may also command the person to whom it is directed to produce the books, papers, documents or other objects designated therein. The court on motion made promptly may quash or modify the subpoena if compliance would be unreasonable or oppressive. The court may direct that books, papers, documents or objects designated in the subpoena be produced before the court at a time prior to the trial or prior to the time when they are to be offered in evidence and may upon their production permit the books, papers, documents or objects or portions thereof to be inspected by the parties and their attorneys."
A subpoena for documents may be quashed if their production would be "unreasonable or oppressive," but not otherwise. The leading case in this Court interpreting this standard is Bowman Dairy Co. v. United States, 341 U.S. 214 (1951). This case recognized certain fundamental characteristics of the subpoena duces tecum in criminal cases: (1) it was not intended to provide a means of discovery for criminal cases, id., at 220; (2) its chief innovation was to expedite the trial by providing a time and place before trial for the inspection of *699 subpoenaed materials,[11]ibid. As both parties agree, cases decided in the wake of Bowman have generally followed Judge Weinfeld's formulation in United States v. Iozia, 13 F. R. D. 335, 338 (SDNY 1952), as to the required showing. Under this test, in order to require production prior to trial, the moving party must show: (1) that the documents are evidentiary[12] and relevant; (2) that they are not otherwise procurable reasonably in advance of trial by exercise of due diligence; (3) that the party cannot properly prepare for trial without such production and inspection in advance of trial and that the failure to obtain such inspection may tend unreasonably to delay the trial; and (4) that *700 the application is made in good faith and is not intended as a general "fishing expedition."

Against this background, the Special Prosecutor, in order to carry his burden, must clear three hurdles: (1) relevancy; (2) admissibility; (3) specificity. Our own review of the record necessarily affords a less comprehensive view of the total situation than was available to the trial judge and we are unwilling to conclude that the District Court erred in the evaluation of the Special Prosecutor's showing under Rule 17 (c). Our conclusion is based on the record before us, much of which is under seal. Of course, the contents of the subpoenaed tapes could not at that stage be described fully by the Special Prosecutor, but there was a sufficient likelihood that each of the tapes contains conversations relevant to the offenses charged in the indictment. United States v. Gross, 24 F. R. D. 138 (SDNY 1959). With respect to many of the tapes, the Special Prosecutor offered the sworn testimony or statements of one or more of the participants in the conversations as to what was said at the time. As for the remainder of the tapes, the identity of the participants and the time and place of the conversations, taken in their total context, permit a rational inference that at least part of the conversations relate to the offenses charged in the indictment.

We also conclude there was a sufficient preliminary showing that each of the subpoenaed tapes contains evidence admissible with respect to the offenses charged in the indictment. The most cogent objection to the admissibility of the taped conversations here at issue is that they are a collection of out-of-court statements by declarants who will not be subject to cross-examination and that the statements are therefore inadmissible hearsay. Here, however, most of the tapes apparently contain conversations *701 to which one or more of the defendants named in the indictment were party. The hearsay rule does not automatically bar all out-of-court statements by a defendant in a criminal case.[13] Declarations by one defendant may also be admissible against other defendants upon a sufficient showing, by independent evidence,[14] of a conspiracy among one or more other defendants and the declarant and if the declarations at issue were in furtherance of that conspiracy. The same is true of declarations of coconspirators who are not defendants in the case on trial. Dutton v. Evans, 400 U.S. 74, 81 (1970). Recorded conversations may also be admissible for the limited purpose of impeaching the credibility of any defendant who testifies or any other coconspirator who testifies. Generally, the need for evidence to impeach witnesses is insufficient to require its production in advance of trial. See, e. g., United States v. Carter, 15 F. R. D. 367, *702 371 (DC 1954). Here, however, there are other valid potential evidentiary uses for the same material, and the analysis and possible transcription of the tapes may take a significant period of time. Accordingly, we cannot conclude that the District Court erred in authorizing the issuance of the subpoena duces tecum.

Enforcement of a pretrial subpoena duces tecum must necessarily be committed to the sound discretion of the trial court since the necessity for the subpoena most often turns upon a determination of factual issues. Without a determination of arbitrariness or that the trial court finding was without record support, an appellate court will not ordinarily disturb a finding that the applicant for a subpoena complied with Rule 17 (c). See, e. g., Sue v. Chicago Transit Authority, 279 F.2d 416, 419 (CA7 1960); Shotkin v. Nelson, 146 F.2d 402 (CA10 1944).

In a case such as this, however, where a subpoena is directed to a President of the United States, appellate review, in deference to a coordinate branch of Government, should be particularly meticulous to ensure that the standards of Rule 17 (c) have been correctly applied. United States v. Burr, 25 F. Cas. 30, 34 (No. 14,692d) (CC Va. 1807). From our examination of the materials submitted by the Special Prosecutor to the District Court in support of his motion for the subpoena, we are persuaded that the District Court's denial of the President's motion to quash the subpoena was consistent with Rule 17 (c). We also conclude that the Special Prosecutor has made a sufficient showing to justify a subpoena for production before trial. The subpoenaed materials are not available from any other source, and their examination and processing should not await trial in the circumstances shown. Bowman Dairy Co. v. United States, 341 U.S. 214 (1951); United States v. Iozia, 13 F. R. D. 335 (SDNY 1952).

*703 IV

THE CLAIM OF PRIVILEGE

A

Having determined that the requirements of Rule 17 (c) were satisfied, we turn to the claim that the subpoena should be quashed because it demands "confidential conversations between a President and his close advisors that it would be inconsistent with the public interest to produce." App. 48a. The first contention is a broad claim that the separation of powers doctrine precludes judicial review of a President's claim of privilege. The second contention is that if he does not prevail on the claim of absolute privilege, the court should hold as a matter of constitutional law that the privilege prevails over the subpoena duces tecum.

In the performance of assigned constitutional duties each branch of the Government must initially interpret the Constitution, and the interpretation of its powers by any branch is due great respect from the others. The President's counsel, as we have noted, reads the Constitution as providing an absolute privilege of confidentiality for all Presidential communications. Many decisions of this Court, however, have unequivocally reaffirmed the holding of Marbury v. Madison, 1 Cranch 137 (1803), that "[i]t is emphatically the province and duty of the judicial department to say what the law is." Id., at 177.

No holding of the Court has defined the scope of judicial power specifically relating to the enforcement of a subpoena for confidential Presidential communications for use in a criminal prosecution, but other exercises of power by the Executive Branch and the Legislative Branch have been found invalid as in conflict with the Constitution. Powell v. McCormack, 395 U.S. 486 (1969); Youngstown Sheet & Tube Co. v. Sawyer, 343 U.S. 579 (1952). In a *704 series of cases, the Court interpreted the explicit immunity conferred by express provisions of the Constitution on Members of the House and Senate by the Speech or Debate Clause, U. S. Const. Art. I, § 6. Doe v. McMillan, 412 U.S. 306 (1973); Gravel v. United States, 408 U.S. 606 (1972); United States v. Brewster, 408 U.S. 501 (1972); United States v. Johnson, 383 U.S. 169 (1966). Since this Court has consistently exercised the power to construe and delineate claims arising under express powers, it must follow that the Court has authority to interpret claims with respect to powers alleged to derive from enumerated powers.

Our system of government "requires that federal courts on occasion interpret the Constitution in a manner at variance with the construction given the document by another branch." Powell v. McCormack, supra, at 549. And in Baker v. Carr, 369 U. S., at 211, the Court stated:

"Deciding whether a matter has in any measure been committed by the Constitution to another branch of government, or whether the action of that branch exceeds whatever authority has been committed, is itself a delicate exercise in constitutional interpretation, and is a responsibility of this Court as ultimate interpreter of the Constitution."
Notwithstanding the deference each branch must accord the others, the "judicial Power of the United States" vested in the federal courts by Art. III, § 1, of the Constitution can no more be shared with the Executive Branch than the Chief Executive, for example, can share with the Judiciary the veto power, or the Congress share with the Judiciary the power to override a Presidential veto. Any other conclusion would be contrary to the basic concept of separation of powers and the checks and balances that flow from the scheme of a tripartite government. The Federalist, No. 47, p. 313 (S. Mittell ed. *705 1938). We therefore reaffirm that it is the province and duty of this Court "to say what the law is" with respect to the claim of privilege presented in this case. Marbury v. Madison, supra, at 177.

B

In support of his claim of absolute privilege, the President's counsel urges two grounds, one of which is common to all governments and one of which is peculiar to our system of separation of powers. The first ground is the valid need for protection of communications between high Government officials and those who advise and assist them in the performance of their manifold duties; the importance of this confidentiality is too plain to require further discussion. Human experience teaches that those who expect public dissemination of their remarks may well temper candor with a concern for appearances and for their own interests to the detriment of the decisionmaking process.[15] Whatever the nature of the privilege of confidentiality of Presidential communications in the exercise of Art. II powers, the privilege can be said to derive from the supremacy of each branch within its own assigned area of constitutional duties. Certain powers and privileges flow from the nature of enumerated powers;[16] the protection of the confidentiality of *706 Presidential communications has similar constitutional underpinnings.

The second ground asserted by the President's counsel in support of the claim of absolute privilege rests on the doctrine of separation of powers. Here it is argued that the independence of the Executive Branch within its own sphere, Humphrey's Executor v. United States, 295 U.S. 602, 629-630 (1935); Kilbourn v. Thompson, 103 U.S. 168, 190-191 (1881), insulates a President from a judicial subpoena in an ongoing criminal prosecution, and thereby protects confidential Presidential communications.

However, neither the doctrine of separation of powers, nor the need for confidentiality of high-level communications, without more, can sustain an absolute, unqualified Presidential privilege of immunity from judicial process under all circumstances. The President's need for complete candor and objectivity from advisers calls for great deference from the courts. However, when the privilege depends solely on the broad, undifferentiated claim of public interest in the confidentiality of such conversations, a confrontation with other values arises. Absent a claim of need to protect military, diplomatic, or sensitive national security secrets, we find it difficult to accept the argument that even the very important interest in confidentiality of Presidential communications is significantly diminished by production of such material for in camera inspection with all the protection that a district court will be obliged to provide.

*707 The impediment that an absolute, unqualified privilege would place in the way of the primary constitutional duty of the Judicial Branch to do justice in criminal prosecutions would plainly conflict with the function of the courts under Art. III. In designing the structure of our Government and dividing and allocating the sovereign power among three co-equal branches, the Framers of the Constitution sought to provide a comprehensive system, but the separate powers were not intended to operate with absolute independence.

"While the Constitution diffuses power the better to secure liberty, it also contemplates that practice will integrate the dispersed powers into a workable government. It enjoins upon its branches separateness but interdependence, autonomy but reciprocity." Youngstown Sheet & Tube Co. v. Sawyer, 343 U. S., at 635 (Jackson, J., concurring).
To read the Art. II powers of the President as providing an absolute privilege as against a subpoena essential to enforcement of criminal statutes on no more than a generalized claim of the public interest in confidentiality of nonmilitary and nondiplomatic discussions would upset the constitutional balance of "a workable government" and gravely impair the role of the courts under Art. III.

C

Since we conclude that the legitimate needs of the judicial process may outweigh Presidential privilege, it is necessary to resolve those competing interests in a manner that preserves the essential functions of each branch. The right and indeed the duty to resolve that question does not free the Judiciary from according high respect to the representations made on behalf of the President. United States v. Burr, 25 F. Cas. 187, 190, 191-192 (No. 14,694) (CC Va. 1807).

*708 The expectation of a President to the confidentiality of his conversations and correspondence, like the claim of confidentiality of judicial deliberations, for example, has all the values to which we accord deference for the privacy of all citizens and, added to those values, is the necessity for protection of the public interest in candid, objective, and even blunt or harsh opinions in Presidential decision-making. A President and those who assist him must be free to explore alternatives in the process of shaping policies and making decisions and to do so in a way many would be unwilling to express except privately. These are the considerations justifying a presumptive privilege for Presidential communications. The privilege is fundamental to the operation of Government and inextricably rooted in the separation of powers under the Constitution.[17] In Nixon v. Sirica, 159 U. S. App. D. C. 58, 487 F.2d 700 (1973), the Court of Appeals held that such Presidential communications are "presumptively privileged," id., at 75, 487 F. 2d, at 717, and this position is accepted by both parties in the present litigation. We agree with Mr. Chief Justice Marshall's observation, therefore, that "[i]n no case of this kind would a court be required to proceed against the president as against an ordinary individual." United States v. Burr, 25 F. Cas., at 192.

But this presumptive privilege must be considered in light of our historic commitment to the rule of law. This *709 is nowhere more profoundly manifest than in our view that "the twofold aim [of criminal justice] is that guilt shall not escape or innocence suffer." Berger v. United States, 295 U. S., at 88. We have elected to employ an adversary system of criminal justice in which the parties contest all issues before a court of law. The need to develop all relevant facts in the adversary system is both fundamental and comprehensive. The ends of criminal justice would be defeated if judgments were to be founded on a partial or speculative presentation of the facts. The very integrity of the judicial system and public confidence in the system depend on full disclosure of all the facts, within the framework of the rules of evidence. To ensure that justice is done, it is imperative to the function of courts that compulsory process be available for the production of evidence needed either by the prosecution or by the defense.

Only recently the Court restated the ancient proposition of law, albeit in the context of a grand jury inquiry rather than a trial,

"that `the public . . . has a right to every man's evidence,' except for those persons protected by a constitutional, common-law, or statutory privilege, United States v. Bryan, 339 U. S. [323, 331 (1950)]; Blackmer v. United States, 284 U.S. 421, 438 (1932) . . . ." Branzburg v. Hayes, 408 U.S. 665, 688 (1972).
The privileges referred to by the Court are designed to protect weighty and legitimate competing interests. Thus, the Fifth Amendment to the Constitution provides that no man "shall be compelled in any criminal case to be a witness against himself." And, generally, an attorney or a priest may not be required to disclose what has been revealed in professional confidence. These and other interests are recognized in law by privileges *710 against forced disclosure, established in the Constitution, by statute, or at common law. Whatever their origins, these exceptions to the demand for every man's evidence are not lightly created nor expansively construed, for they are in derogation of the search for truth.[18]

In this case the President challenges a subpoena served on him as a third party requiring the production of materials for use in a criminal prosecution; he does so on the claim that he has a privilege against disclosure of confidential communications. He does not place his claim of privilege on the ground they are military or diplomatic secrets. As to these areas of Art. II duties the courts have traditionally shown the utmost deference to Presidential responsibilities. In C. & S. Air Lines v. Waterman S. S. Crop., 333 U.S. 103, 111 (1948), dealing with Presidential authority involving foreign policy considerations, the Court said:

"The President, both as Commander-in-Chief and as the Nation's organ for foreign affairs, has available intelligence services whose reports are not and ought not to be published to the world. It would be intolerable that courts, without the relevant information, should review and perhaps nullify actions of the Executive taken on information properly held secret."
In United States v. Reynolds, 345 U.S. 1 (1953), dealing *711 with a claimant's demand for evidence in a Tort Claims Act case against the Government, the Court said:

"It may be possible to satisfy the court, from all the circumstances of the case, that there is a reasonable danger that compulsion of the evidence will expose military matters which, in the interest of national security, should not be divulged. When this is the case, the occasion for the privilege is appropriate, and the court should not jeopardize the security which the privilege is meant to protect by insisting upon an examination of the evidence, even by the judge alone, in chambers." Id., at 10.
No case of the Court, however, has extended this high degree of deference to a President's generalized interest in confidentiality. Nowhere in the Constitution, as we have noted earlier, is there any explicit reference to a privilege of confidentiality, yet to the extent this interest relates to the effective discharge of a President's powers, it is constitutionally based.

The right to the production of all evidence at a criminal trial similarly has constitutional dimensions. The Sixth Amendment explicitly confers upon every defendant in a criminal trial the right "to be confronted with the witnesses against him" and "to have compulsory process for obtaining witnesses in his favor." Moreover, the Fifth Amendment also guarantees that no person shall be deprived of liberty without due process of law. It is the manifest duty of the courts to vindicate those guarantees, and to accomplish that it is essential that all relevant and admissible evidence be produced.

In this case we must weigh the importance of the general privilege of confidentiality of Presidential communications in performance of the President's responsibilities against the inroads of such a privilege on the fair *712 administration of criminal justice.[19] The interest in preserving confidentiality is weighty indeed and entitled to great respect. However, we cannot conclude that advisers will be moved to temper the candor of their remarks by the infrequent occasions of disclosure because of the possibility that such conversations will be called for in the context of a criminal prosecution.[20]

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. A President's acknowledged need for confidentiality *713 in the communications of his office is general in nature, whereas the constitutional need for production of relevant evidence in a criminal proceeding is specific and central to the fair adjudication of a particular criminal case in the administration of justice. Without access to specific facts a criminal prosecution may be totally frustrated. The President's broad interest in confidentiality of communications will not be vitiated by disclosure of a limited number of conversations preliminarily shown to have some bearing on the pending criminal cases.

We conclude that when the ground for asserting privilege as to subpoenaed materials sought for use in a criminal trial is based only on the generalized interest in confidentiality, it cannot prevail over the fundamental demands of due process of law in the fair administration of criminal justice. The generalized assertion of privilege must yield to the demonstrated, specific need for evidence in a pending criminal trial.

D

We have earlier determined that the District Court did not err in authorizing the issuance of the subpoena. If a President concludes that compliance with a subpoena would be injurious to the public interest he may properly, as was done here, invoke a claim of privilege on the return of the subpoena. Upon receiving a claim of privilege from the Chief Executive, it became the further duty of the District Court to treat the subpoenaed material as presumptively privileged and to require the Special Prosecutor to demonstrate that the Presidential material was "essential to the justice of the [pending criminal] case." United States v. Burr, 25 F. Cas., at 192. Here the District Court treated the material as presumptively privileged, proceeded to find that the Special *714 Prosecutor had made a sufficient showing to rebut the presumption, and ordered an in camera examination of the subpoenaed material. On the basis of our examination of the record we are unable to conclude that the District Court erred in ordering the inspection. Accordingly we affirm the order of the District Court that subpoenaed materials be transmitted to that court. We now turn to the important question of the District Court's responsibilities in conducting the in camera examination of Presidential materials or communications delivered under the compulsion of the subpoena duces tecum.

E

Enforcement of the subpoena duces tecum was stayed pending this Court's resolution of the issues raised by the petitions for certiorari. Those issues now having been disposed of, the matter of implementation will rest with the District Court. "[T]he guard, furnished to [the President] to protect him from being harassed by vexatious and unnecessary subpoenas, is to be looked for in the conduct of a [district] court after those subpoenas have issued; not in any circumstance which is to precede their being issued." United States v. Burr, 25 F. Cas., at 34. Statements that meet the test of admissibility and relevance must be isolated; all other material must be excised. At this stage the District Court is not limited to representations of the Special Prosecutor as to the evidence sought by the subpoena; the material will be available to the District Court. It is elementary that in camera inspection of evidence is always a procedure calling for scrupulous protection against any release or publication of material not found by the court, at that stage, probably admissible in evidence and relevant to the issues of the trial for which it is sought. That being true of an ordinary situation, it is obvious that the District Court has *715 a very heavy responsibility to see to it that Presidential conversations, which are either not relevant or not admissible, are accorded that high degree of respect due the President of the United States. Mr. Chief Justice Marshall, sitting as a trial judge in the Burr case, supra, was extraordinarily careful to point out that

"[i]n no case of this kind would a court be required to proceed against the president as against an ordinary individual." 25 F. Cas., at 192.
Marshall's statement cannot be read to mean in any sense that a President is above the law, but relates to the singularly unique role under Art. II of a President's communications and activities, related to the performance of duties under that Article. Moreover, a President's communications and activities encompass a vastly wider range of sensitive material than would be true of any "ordinary individual." It is therefore necessary[21] in the public interest to afford Presidential confidentiality the greatest protection consistent with the fair administration of justice. The need for confidentiality even as to idle conversations with associates in which casual reference might be made concerning political leaders within the country or foreign statesmen is too obvious to call for further treatment. We have no doubt that the District Judge will at all times accord to Presidential records that high degree of deference suggested in United States v. Burr, supra, and will discharge his responsibility to see to *716 it that until released to the Special Prosecutor no in camera material is revealed to anyone. This burden applies with even greater force to excised material; once the decision is made to excise, the material is restored to its privileged status and should be returned under seal to its lawful custodian.

Since this matter came before the Court during the pendency of a criminal prosecution, and on representations that time is of the essence, the mandate shall issue forthwith.

Affirmed.

MR. JUSTICE REHNQUIST took no part in the consideration or decision of these cases.

NOTES

[*] Together with No. 73-1834, Nixon, President of the United States v. United States, also on certiorari before judgment to the same court.

[] Norman Dorsen and Melvin L Wulf filed a brief for the American Civil Liberties Union as amicus curiae urging affirmance of the District Court judgment.

[1] See 28 U.S. C. §§ 1254 (1) and 2101 (e) and our Rule 20. See, e. g., Youngstown Sheet & Tube Co. v. Sawyer, 343 U.S. 579 (1952); United States v. United Mine Workers, 330 U.S. 258 (1947); Carter v. Carter Coal Co, 298 U.S. 238 (1936); Rickert Rice Mills v. Fontenot, 297 U.S. 110 (1936); Railroad Retirement Board v. Alton R. Co., 295 U.S. 330 (1935); Norman v. Baltimore & Ohio R. Co, 294 U.S. 240 (1935).

[2] The cross-petition in No. 73-1834 raised the issue whether the grand jury acted within its authority in naming the President as an unindicted coconspirator. Since we find resolution of this issue unnecessary to resolution of the question whether the claim of privilege is to prevail, the cross-petition for certiorari is dismissed as improvidently granted and the remainder of this opinion is concerned with the issues raised in No. 73-1766. On June 19, 1974, the President's counsel moved for disclosure and transmittal to this Court of all evidence presented to the grand jury relating to its action in naming the President as an unindicted coconspirator. Action on this motion was deferred pending oral argument of the case and is now denied.

[3] The seven defendants were John N. Mitchell, H. R. Haldeman, John D. Ehrlichman, Charles W. Colson, Robert C. Mardian, Kenneth W. Parkinson, and Gordon Strachan. Each had occupied either a position of responsibility on the White House staff or a position with the Committee for the Re-election of the President. Colson entered a guilty plea on another charge and is no longer a defendant.

[4] The President entered a special appearance in the District Court on June 6 and requested that court to lift its protective order regarding the naming of certain individuals as coconspirators and to any additional extent deemed appropriate by the Court. This motion of the President was based on the ground that the disclosures to the news media made the reasons for continuance of the protective order no longer meaningful. On June 7, the District Court removed its protective order and, on June 10, counsel for both parties jointly moved this Court to unseal those parts of the record which related to the action of the grand jury regarding the President. After receiving a statement in opposition from the defendants, this Court denied that motion on June 15, 1974, except for the grand jury's immediate finding relating to the status of the President as an unindicted coconspirator. 417 U.S. 960.

[5] The specific meetings and conversations are enumerated in a schedule attached to the subpoena. App. 42a-46a.

[6] At the joint suggestion of the Special Prosecutor and counsel for the President, and with the approval of counsel for the defendants, further proceedings in the District Court were held in camera.

[7] The parties have suggested that this Court has jurisdiction on other grounds. In view of our conclusion that there is jurisdiction under 28 U.S. C. § 1254 (1) because the District Court's order was appealable, we need not decide whether other jurisdictional vehicles are available.

[8] The regulation issued by the Attorney General pursuant to his statutory authority, vests in the Special Prosecutor plenary authority to control the course of investigations and litigation related to "all offenses arising out of the 1972 Presidential Election for which the Special Prosecutor deems it necessary and appropriate to assume responsibility, allegations involving the President, members of the White House staff, or Presidential appointees, and any other matters which he consents to have assigned to him by the Attorney General." 38 Fed. Reg. 30739, as amended by 38 Fed. Reg. 32805. In particular, the Special Prosecutor was given full authority, inter alia, "to contest the assertion of `Executive Privilege' . . . and handl[e] all aspects of any cases within his jurisdiction." Id., at 30739. The regulation then goes on to provide:

"In exercising this authority, the Special Prosecutor will have the greatest degree of independence that is consistent with the Attorney General's statutory accountability for all matters falling within the jurisdiction of the Department of Justice. The Attorney General will not countermand or interfere with the Special Prosecutor's decisions or actions. The Special Prosecutor will determine whether and to what extent he will inform or consult with the Attorney General about the conduct of his duties and responsibilities. In accordance with assurances given by the President to the Attorney General that the President will not exercise his Constitutional powers to effect the discharge of the Special Prosecutor or to limit the independence that he is hereby given, the Special Prosecutor will not be removed from his duties except for extraordinary improprieties on his part and without the President's first consulting the Majority and the Minority Leaders and Chairmen and ranking Minority Members of the Judiciary Committees of the Senate and House of Representatives and ascertaining that their consensus is in accord with his proposed action."

[9] That this was the understanding of Acting Attorney General Robert Bork, the author of the regulation establishing the independence of the Special Prosecutor, is shown by his testimony before the Senate Judiciary Committee:

"Although it is anticipated that Mr. Jaworski will receive cooperation from the White House in getting any evidence he feels he needs to conduct investigations and prosecutions, it is clear and understood on all sides that he has the power to use judicial processes to pursue evidence if disagreement should develop."

Hearings on the Special Prosecutor before the Senate Committee on the Judiciary, 93d Cong., 1st Sess., pt. 2, p. 450 (1973). Acting Attorney General Bork gave similar assurances to the House Subcommittee on Criminal Justice. Hearings on H. J. Res. 784 and H. R. 10937 before the Subcommittee on Criminal Justice of the House Committee on the Judiciary, 93d Cong., 1st Sess., 266 (1973). At his confirmation hearings, Attorney General William Saxbe testified that he shared Acting Attorney General Bork's views concerning the Special Prosecutor's authority to test any claim of executive privilege in the courts. Hearings on the Nomination of William B. Saxbe to be Attorney General before the Senate Committee on the Judiciary, 93d Cong., 1st Sess., 9 (1973).

[10] At his confirmation hearings, Attorney General William Saxbe testified that he agreed with the regulation adopted by Acting Attorney General Bork and would not remove the Special Prosecutor except for "gross impropriety." Id., at 5-6, 8-10. There is no contention here that the Special Prosecutor is guilty of any such impropriety.

[11] The Court quoted a statement of a member of the advisory committee that the purpose of the Rule was to bring documents into court "in advance of the time that they are offered in evidence, so that they may then be inspected in advance, for the purpose . . . of enabling the party to see whether he can use [them] or whether he wants to use [them]." 341 U. S., at 220 n. 5. The Manual for Complex and Multidistrict Litigation published by the Federal Judicial Center recommends that use of Rule 17 (c) be encouraged in complex criminal cases in order that each party may be compelled to produce its documentary evidence well in advance of trial and in advance of the time it is to be offered. P. 150.

[12] The District Court found here that it was faced with "the more unusual situation . . . where the subpoena, rather than being directed to the government by defendants, issues to what, as a practical matter, is a third party." United States v. Mitchell, 377 F. Supp. 1326, 1330 (DC 1974). The Special Prosecutor suggests that the evidentiary requirement of Bowman Dairy Co. and Iozia does not apply in its full vigor when the subpoena duces tecum is issued to third parties rather than to government prosecutors. Brief for United States 128-129. We need not decide whether a lower standard exists because we are satisfied that the relevance and evidentiary nature of the subpoenaed tapes were sufficiently shown as a preliminary matter to warrant the District Court's refusal to quash the subpoena.

[13] Such statements are declarations by a party defendant that "would surmount all objections based on the hearsay rule . . ." and, at least as to the declarant himself, "would be admissible for whatever inferences" might be reasonably drawn. United States v. Matlock, 415 U.S. 164, 172 (1974). On Lee v. United States, 343 U.S. 747, 757 (1952). See also C. McCormick, Evidence § 270, pp. 651-652 (2d ed. 1972).

[14] As a preliminary matter, there must be substantial, independent evidence of the conspiracy, at least enough to take the question to the jury. United States v. Vaught, 485 F.2d 320, 323 (CA4 1973); United States v. Hoffa, 349 F.2d 20, 41-42 (CA6 1965), aff'd on other grounds, 385 U.S. 293 (1966); United States v. Santos, 385 F.2d 43, 45 (CA7 1967), cert. denied, 390 U.S. 954 (1968); United States v. Morton, 483 F.2d 573, 576 (CA8 1973); United States v. Spanos, 462 F.2d 1012, 1014 (CA9 1972); Carbo v. United States, 314 F.2d 718, 737 (CA9 1963), cert. denied, 377 U.S. 953 (1964). Whether the standard has been satisfied is a question of admissibility of evidence to be decided by the trial judge.

[15] There is nothing novel about governmental confidentiality. The meetings of the Constitutional Convention in 1787 were conducted in complete privacy. 1 M. Farrand, The Records of the Federal Convention of 1787, pp. xi-xxv (1911). Moreover, all records of those meetings were sealed for more than 30 years after the Convention. See 3 Stat. 475, 15th Cong., 1st Sess., Res. 8 (1818). Most of the Framers acknowledged that without secrecy no constitution of the kind that was developed could have been written. C. Warren, The Making of the Constitution 134-139 (1937).

[16] The Special Prosecutor argues that there is no provision in the Constitution for a Presidential privilege as to the President's communications corresponding to the privilege of Members of Congress under the Speech or Debate Clause. But the silence of the Constitution on this score is not dispositive. "The rule of constitutional interpretation announced in McCulloch v. Maryland, 4 Wheat. 316, that that which was reasonably appropriate and relevant to the exercise of a granted power was to be considered as accompanying the grant, has been so universally applied that it suffices merely to state it." Marshall v. Gordon, 243 U.S. 521, 537 (1917).

[17] "Freedom of communication vital to fulfillment of the aims of wholesome relationships is obtained only by removing the specter of compelled disclosure. . . . [G]overnment . . . needs open but protected channels for the kind of plain talk that is essential to the quality of its functioning." Carl Zeiss Stiftung v. V. E. B. Carl Zeiss, Jena, 40 F. R. D. 318, 325 (DC 1966). See Nixon v. Sirica, 159 U. S. App. D. C. 58, 71, 487 F.2d 700, 713 (1973); Kaiser Aluminum & Chem. Corp. v. United States, 141 Ct. Cl. 38, 157 F. Supp. 939 (1958) (Reed, J.); The Federalist, No. 64 (S. Mittell ed. 1938).

[18] Because of the key role of the testimony of witnesses in the judicial process, courts have historically been cautious about privileges. Mr. Justice Frankfurter, dissenting in Elkins v. United States, 364 U.S. 206, 234 (1960), said of this: "Limitations are properly placed upon the operation of this general principle only to the very limited extent that permitting a refusal to testify or excluding relevant evidence has a public good transcending the normally predominant principle of utilizing all rational means for ascertaining truth."

[19] We are not here concerned with the balance between the President's generalized interest in confidentiality and the need for relevant evidence in civil litigation, nor with that between the confidentiality interest and congressional demands for information, nor with the President's interest in preserving state secrets. We address only the conflict between the President's assertion of a generalized privilege of confidentiality and the constitutional need for relevant evidence in criminal trials.

[20] Mr. Justice Cardozo made this point in an analogous context. Speaking for a unanimous Court in Clark v. United States, 289 U.S. 1 (1933), he emphasized the importance of maintaining the secrecy of the deliberations of a petit jury in a criminal case. "Freedom of debate might be stifled and independence of thought checked if jurors were made to feel that their arguments and ballots were to be freely published to the world." Id., at 13. Nonetheless, the Court also recognized that isolated inroads on confidentiality designed to serve the paramount need of the criminal law would not vitiate the interests served by secrecy:

"A juror of integrity and reasonable firmness will not fear to speak his mind if the confidences of debate are barred to the ears of mere impertinence or malice. He will not expect to be shielded against the disclosure of his conduct in the event that there is evidence reflecting upon his honor. The chance that now and then there may be found some timid soul who will take counsel of his fears and give way to their repressive power is too remote and shadowy to shape the course of justice." Id., at 16.

[21] When the subpoenaed material is delivered to the District Judge in camera, questions may arise as to the excising of parts, and it lies within the discretion of that court to seek the aid of the Special Prosecutor and the President's counsel for in camera consideration of the validity of particular excisions, whether the basis of excision is relevancy or admissibility or under such cases as United States v. Reynolds, 345 U.S. 1 (1953), or C. & S. Air Lines v. Waterman S. S. Corp., 333 U.S. 103 (1948).

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text: subpoenaed

text: items

text: as

text: well

text: as

text: an

text: index

text: and

text: analysis

text: of

text: those

text: items

text: together

text: with

text: tape

text: copies

text: of

text: those

text: portions

text: of

text: the

text: subpoenaed

text: recordings

text: for

text: which

text: transcripts

text: had

text: been

text: released

text: to

text: the

text: public

text: by

text: the

text: President

text: on

text: April

text: The

text: District

text: Court

text: rejected

text: jurisdictional

text: challenges

text: based

text: on

text: a

text: contention

text: that

text: the

text: dispute

text: was

text: nonjusticiable

text: because

text: it

text: was

text: between

text: the

text: Special

text: Prosecutor

text: and

text: the

text: Chief

text: Executive

text: and

text: hence

text: intra

text: executive

text: in

text: character

text: it

text: also

text: rejected

text: the

text: contention

text: that

text: the

text: Judiciary

text: was

text: without

text: authority

text: to

text: review

text: an

text: assertion

text: of

text: executive

text: privilege

text: by

text: the

text: President

text: The

text: court

text: s

text: rejection

text: of

text: the

text: first

text: challenge

text: was

text: based

text: on

text: the

text: authority

text: and

text: powers

text: vested

text: in

text: the

text: Special

text: Prosecutor

text: by

text: the

text: regulation

text: promulgated

text: by

text: the

text: Attorney

text: General

text: the

text: court

text: concluded

text: that

text: a

text: justiciable

text: controversy

text: was

text: presented

text: The

text: second

text: challenge

text: was

text: held

text: to

text: be

text: foreclosed

text: by

text: the

text: decision

text: in

text: Nixon

text: v

text: Sirica

text: U

text: S

text: App

text: D

text: C

text: F

text: d

text: The

text: District

text: Court

text: held

text: that

text: the

text: judiciary

text: not

text: the

text: President

text: was

text: the

text: final

text: arbiter

text: of

text: a

text: claim

text: of

text: executive

text: privilege

text: The

text: court

text: concluded

text: that

text: under

text: the

text: circumstances

text: of

text: this

text: case

text: the

text: presumptive

text: privilege

text: was

text: overcome

text: by

text: the

text: Special

text: Prosecutor

text: s

text: prima

text: facie

text: demonstration

text: of

text: need

text: sufficiently

text: compelling

text: to

text: warrant

text: judicial

text: examination

text: in

text: chambers

text: F

text: Supp

text: at

text: The

text: court

text: held

text: finally

text: that

text: the

text: Special

text: Prosecutor

text: had

text: satisfied

text: the

text: requirements

text: of

text: Rule

text: c

text: The

text: District

text: Court

text: stayed

text: its

text: order

text: pending

text: appellate

text: review

text: on

text: condition

text: that

text: review

text: was

text: sought

text: before

text: p

text: m

text: May

text: The

text: court

text: further

text: provided

text: that

text: matters

text: filed

text: under

text: seal

text: remain

text: under

text: seal

text: when

text: transmitted

text: as

text: part

text: of

text: the

text: record

text: On

text: May

text: the

text: President

text: filed

text: a

text: timely

text: notice

text: of

text: appeal

text: from

text: the

text: District

text: Court

text: order

text: and

text: the

text: certified

text: record

text: from

text: the

text: District

text: Court

text: was

text: docketed

text: in

text: the

text: United

text: States

text: Court

text: of

text: Appeals

text: for

text: the

text: District

text: of

text: Columbia

text: Circuit

text: On

text: the

text: same

text: day

text: the

text: President

text: also

text: filed

text: a

text: petition

text: for

text: writ

text: of

text: mandamus

text: in

text: the

text: Court

text: of

text: Appeals

text: seeking

text: review

text: of

text: the

text: District

text: Court

text: order

text: Later

text: on

text: May

text: the

text: Special

text: Prosecutor

text: also

text: filed

text: in

text: this

text: Court

text: a

text: petition

text: for

text: a

text: writ

text: of

text: certiorari

text: before

text: judgment

text: On

text: May

text: the

text: petition

text: was

text: granted

text: with

text: an

text: expedited

text: briefing

text: schedule

text: U

text: S

text: On

text: June

text: the

text: President

text: filed

text: under

text: seal

text: a

text: cross

text: petition

text: for

text: writ

text: of

text: certiorari

text: before

text: judgment

text: This

text: cross

text: petition

text: was

text: granted

text: June

text: U

text: S

text: and

text: the

text: case

text: was

text: set

text: for

text: argument

text: on

text: July

text: I

text: JURISDICTION

text: The

text: threshold

text: question

text: presented

text: is

text: whether

text: the

text: May

text: order

text: of

text: the

text: District

text: Court

text: was

text: an

text: appealable

text: order

text: and

text: whether

text: this

text: case

text: was

text: properly

text: in

text: the

text: Court

text: of

text: Appeals

text: when

text: the

text: petition

text: for

text: certiorari

text: was

text: filed

text: in

text: this

text: Court

text: U

text: S

text: C

text: The

text: Court

text: of

text: Appeals

text: jurisdiction

text: under

text: U

text: S

text: C

text: encompasses

text: only

text: final

text: decisions

text: of

text: the

text: district

text: courts

text: Since

text: the

text: appeal

text: was

text: timely

text: filed

text: and

text: all

text: other

text: procedural

text: requirements

text: were

text: met

text: the

text: petition

text: is

text: properly

text: before

text: this

text: Court

text: for

text: consideration

text: if

text: the

text: District

text: Court

text: order

text: was

text: final

text: U

text: S

text: C

text: e

text: The

text: finality

text: requirements

text: of

text: U

text: S

text: C

text: embodies

text: a

text: strong

text: congressional

text: policy

text: against

text: piecemeal

text: reviews

text: and

text: against

text: obstructing

text: or

text: impeding

text: an

text: ongoing

text: judicial

text: proceeding

text: by

text: interlocutory

text: appeals

text: See

text: e

text: g

text: Cobbledick

text: v

text: United

text: States

text: U

text: S

text: This

text: requirement

text: ordinarily

text: promotes

text: judicial

text: efficiency

text: and

text: hastens

text: the

text: ultimate

text: termination

text: of

text: litigation

text: In

text: applying

text: this

text: principle

text: to

text: an

text: order

text: denying

text: a

text: motion

text: to

text: quash

text: and

text: requiring

text: the

text: production

text: of

text: evidence

text: pursuant

text: to

text: a

text: subpoena

text: duces

text: tecum

text: it

text: has

text: been

text: repeatedly

text: held

text: that

text: the

text: order

text: is

text: not

text: final

text: and

text: hence

text: not

text: appealable

text: United

text: States

text: v

text: Ryan

text: U

text: S

text: Cobbledick

text: v

text: United

text: States

text: supra

text: Alexander

text: v

text: United

text: States

text: U

text: S

text: This

text: Court

text: has

text: consistently

text: held

text: that

text: the

text: necessity

text: for

text: expedition

text: in

text: the

text: administration

text: of

text: the

text: criminal

text: law

text: justifies

text: putting

text: one

text: who

text: seeks

text: to

text: resist

text: the

text: production

text: of

text: desired

text: information

text: to

text: a

text: choice

text: between

text: compliance

text: with

text: a

text: trial

text: court

text: s

text: order

text: to

text: produce

text: prior

text: to

text: any

text: review

text: of

text: that

text: order

text: and

text: resistance

text: to

text: that

text: order

text: with

text: the

text: concomitant

text: possibility

text: of

text: an

text: adjudication

text: of

text: contempt

text: if

text: his

text: claims

text: are

text: rejected

text: on

text: appeal

text: United

text: States

text: v

text: Ryan

text: supra

text: at

text: The

text: requirement

text: of

text: submitting

text: to

text: contempt

text: however

text: is

text: not

text: without

text: exception

text: and

text: in

text: some

text: instances

text: the

text: purposes

text: underlying

text: the

text: finality

text: rule

text: require

text: a

text: different

text: result

text: For

text: example

text: in

text: Perlman

text: v

text: United

text: States

text: U

text: S

text: a

text: subpoena

text: had

text: been

text: directed

text: to

text: a

text: third

text: party

text: requesting

text: certain

text: exhibits

text: the

text: appellant

text: who

text: owned

text: the

text: exhibits

text: sought

text: to

text: raise

text: a

text: claim

text: of

text: privilege

text: The

text: Court

text: held

text: an

text: order

text: compelling

text: production

text: was

text: appealable

text: because

text: it

text: was

text: unlikely

text: that

text: the

text: third

text: party

text: would

text: risk

text: a

text: contempt

text: citation

text: in

text: order

text: to

text: allow

text: immediate

text: review

text: of

text: the

text: appellant

text: s

text: claim

text: of

text: privilege

text: Id

text: at

text: That

text: case

text: fell

text: within

text: the

text: limited

text: class

text: of

text: cases

text: where

text: denial

text: of

text: immediate

text: review

text: would

text: render

text: impossible

text: any

text: review

text: whatsoever

text: of

text: an

text: individual

text: s

text: claims

text: United

text: States

text: v

text: Ryan

text: supra

text: at

text: Here

text: too

text: the

text: traditional

text: contempt

text: avenue

text: to

text: immediate

text: appeal

text: is

text: peculiarly

text: inappropriate

text: due

text: to

text: the

text: unique

text: setting

text: in

text: which

text: the

text: question

text: arises

text: To

text: require

text: a

text: President

text: of

text: the

text: United

text: States

text: to

text: place

text: himself

text: in

text: the

text: posture

text: of

text: disobeying

text: an

text: order

text: of

text: a

text: court

text: merely

text: to

text: trigger

text: the

text: procedural

text: mechanism

text: for

text: review

text: of

text: the

text: ruling

text: would

text: be

text: unseemly

text: and

text: would

text: present

text: an

text: unnecessary

text: occasion

text: for

text: constitutional

text: confrontation

text: between

text: two

text: branches

text: of

text: the

text: Government

text: Similarly

text: a

text: federal

text: judge

text: should

text: not

text: be

text: placed

text: in

text: the

text: posture

text: of

text: issuing

text: a

text: citation

text: to

text: a

text: President

text: simply

text: in

text: order

text: to

text: invoke

text: review

text: The

text: issue

text: whether

text: a

text: President

text: can

text: be

text: cited

text: for

text: contempt

text: could

text: itself

text: engender

text: protracted

text: litigation

text: and

text: would

text: further

text: delay

text: both

text: review

text: on

text: the

text: merits

text: of

text: his

text: claim

text: of

text: privilege

text: and

text: the

text: ultimate

text: termination

text: of

text: the

text: underlying

text: criminal

text: action

text: for

text: which

text: his

text: evidence

text: is

text: sought

text: These

text: considerations

text: lead

text: us

text: to

text: conclude

text: that

text: the

text: order

text: of

text: the

text: District

text: Court

text: was

text: an

text: appealable

text: order

text: The

text: appeal

text: from

text: that

text: order

text: was

text: therefore

text: properly

text: in

text: the

text: Court

text: of

text: Appeals

text: and

text: the

text: case

text: is

text: now

text: properly

text: before

text: this

text: Court

text: on

text: the

text: writ

text: of

text: certiorari

text: before

text: judgment

text: U

text: S

text: C

text: U

text: S

text: C

text: e

text: Gay

text: v

text: Ruff

text: U

text: S

text: II

text: JUSTICIABILITY

text: In

text: the

text: District

text: Court

text: the

text: President

text: s

text: counsel

text: argued

text: that

text: the

text: court

text: lacked

text: jurisdiction

text: to

text: issue

text: the

text: subpoena

text: because

text: the

text: matter

text: was

text: an

text: intra

text: branch

text: dispute

text: between

text: a

text: subordinate

text: and

text: superior

text: officer

text: of

text: the

text: Executive

text: Branch

text: and

text: hence

text: not

text: subject

text: to

text: judicial

text: resolution

text: That

text: argument

text: has

text: been

text: renewed

text: in

text: this

text: Court

text: with

text: emphasis

text: on

text: the

text: contention

text: that

text: the

text: dispute

text: does

text: not

text: present

text: a

text: case

text: or

text: controversy

text: which

text: can

text: be

text: adjudicated

text: in

text: the

text: federal

text: courts

text: The

text: President

text: s

text: counsel

text: argues

text: that

text: the

text: federal

text: courts

text: should

text: not

text: intrude

text: into

text: areas

text: committed

text: to

text: the

text: other

text: branches

text: of

text: Government

text: He

text: views

text: the

text: present

text: dispute

text: as

text: essentially

text: a

text: jurisdictional

text: dispute

text: within

text: the

text: Executive

text: Branch

text: which

text: he

text: analogizes

text: to

text: a

text: dispute

text: between

text: two

text: congressional

text: committees

text: Since

text: the

text: Executive

text: Branch

text: has

text: exclusive

text: authority

text: and

text: absolute

text: discretion

text: to

text: decide

text: whether

text: to

text: prosecute

text: a

text: case

text: Confiscation

text: Cases

text: Wall

text: United

text: States

text: v

text: Cox

text: F

text: d

text: CA

text: cert

text: denied

text: sub

text: nom

text: Cox

text: v

text: Hauberg

text: U

text: S

text: it

text: is

text: contended

text: that

text: a

text: President

text: s

text: decision

text: is

text: final

text: in

text: determining

text: what

text: evidence

text: is

text: to

text: be

text: used

text: in

text: a

text: given

text: criminal

text: case

text: Although

text: his

text: counsel

text: concedes

text: that

text: the

text: President

text: has

text: delegated

text: certain

text: specific

text: powers

text: to

text: the

text: Special

text: Prosecutor

text: he

text: has

text: not

text: waived

text: nor

text: delegated

text: to

text: the

text: Special

text: Prosecutor

text: the

text: President

text: s

text: duty

text: to

text: claim

text: privilege

text: as

text: to

text: all

text: materials

text: which

text: fall

text: within

text: the

text: President

text: s

text: inherent

text: authority

text: to

text: refuse

text: to

text: disclose

text: to

text: any

text: executive

text: officer

text: Brief

text: for

text: the

text: President

text: The

text: Special

text: Prosecutor

text: s

text: demand

text: for

text: the

text: items

text: therefore

text: presents

text: in

text: the

text: view

text: of

text: the

text: President

text: s

text: counsel

text: a

text: political

text: question

text: under

text: Baker

text: v

text: Carr

text: U

text: S

text: since

text: it

text: involves

text: a

text: textually

text: demonstrable

text: grant

text: of

text: power

text: under

text: Art

text: II

text: The

text: mere

text: assertion

text: of

text: a

text: claim

text: of

text: an

text: intra

text: branch

text: dispute

text: without

text: more

text: has

text: never

text: operated

text: to

text: defeat

text: federal

text: jurisdiction

text: justiciability

text: does

text: not

text: depend

text: on

text: such

text: a

text: surface

text: inquiry

text: In

text: United

text: States

text: v

text: ICC

text: U

text: S

text: the

text: Court

text: observed

text: courts

text: must

text: look

text: behind

text: names

text: that

text: symbolize

text: the

text: parties

text: to

text: determine

text: whether

text: a

text: justiciable

text: case

text: or

text: controversy

text: is

text: presented

text: Id

text: at

text: See

text: also

text: Powell

text: v

text: McCormack

text: U

text: S

text: ICC

text: v

text: Jersey

text: City

text: U

text: S

text: United

text: States

text: ex

text: rel

text: Chapman

text: v

text: FPC

text: U

text: S

text: Secretary

text: of

text: Agriculture

text: v

text: United

text: States

text: U

text: S

text: FMB

text: v

text: Isbrandtsen

text: Co

text: U

text: S

text: n

text: United

text: States

text: v

text: Marine

text: Bancorporation

text: ante

text: p

text: and

text: United

text: States

text: v

text: Connecticut

text: National

text: Bank

text: ante

text: p

text: Our

text: starting

text: point

text: is

text: the

text: nature

text: of

text: the

text: proceeding

text: for

text: which

text: the

text: evidence

text: is

text: sought

text: here

text: a

text: pending

text: criminal

text: prosecution

text: It

text: is

text: a

text: judicial

text: proceeding

text: in

text: a

text: federal

text: court

text: alleging

text: violation

text: of

text: federal

text: laws

text: and

text: is

text: brought

text: in

text: the

text: name

text: of

text: the

text: United

text: States

text: as

text: sovereign

text: Berger

text: v

text: United

text: States

text: U

text: S

text: Under

text: the

text: authority

text: of

text: Art

text: II

text: Congress

text: has

text: vested

text: in

text: the

text: Attorney

text: General

text: the

text: power

text: to

text: conduct

text: the

text: criminal

text: litigation

text: of

text: the

text: United

text: States

text: Government

text: U

text: S

text: C

text: It

text: has

text: also

text: vested

text: in

text: him

text: the

text: power

text: to

text: appoint

text: subordinate

text: officers

text: to

text: assist

text: him

text: in

text: the

text: discharge

text: of

text: his

text: duties

text: U

text: S

text: C

text: Acting

text: pursuant

text: to

text: those

text: statutes

text: the

text: Attorney

text: General

text: has

text: delegated

text: the

text: authority

text: to

text: represent

text: the

text: United

text: States

text: in

text: these

text: particular

text: matters

text: to

text: a

text: Special

text: Prosecutor

text: with

text: unique

text: authority

text: and

text: tenure

text: The

text: regulation

text: gives

text: the

text: Special

text: Prosecutor

text: explicit

text: power

text: to

text: contest

text: the

text: invocation

text: of

text: executive

text: privilege

text: in

text: the

text: process

text: of

text: seeking

text: evidence

text: deemed

text: relevant

text: to

text: the

text: performance

text: of

text: these

text: specially

text: delegated

text: duties

text: Fed

text: Reg

text: as

text: amended

text: by

text: Fed

text: Reg

text: So

text: long

text: as

text: this

text: regulation

text: is

text: extant

text: it

text: has

text: the

text: force

text: of

text: law

text: In

text: United

text: States

text: ex

text: rel

text: Accardi

text: v

text: Shaughnessy

text: U

text: S

text: regulations

text: of

text: the

text: Attorney

text: General

text: delegated

text: certain

text: of

text: his

text: discretionary

text: powers

text: to

text: the

text: Board

text: of

text: Immigration

text: Appeals

text: and

text: required

text: that

text: Board

text: to

text: exercise

text: its

text: own

text: discretion

text: on

text: appeals

text: in

text: deportation

text: cases

text: The

text: Court

text: held

text: that

text: so

text: long

text: as

text: the

text: Attorney

text: General

text: s

text: regulations

text: remained

text: operative

text: he

text: denied

text: himself

text: the

text: authority

text: to

text: exercise

text: the

text: discretion

text: delegated

text: to

text: the

text: Board

text: even

text: though

text: the

text: original

text: authority

text: was

text: his

text: and

text: he

text: could

text: reassert

text: it

text: by

text: amending

text: the

text: regulations

text: Service

text: v

text: Dulles

text: U

text: S

text: and

text: Vitarelli

text: v

text: Seaton

text: U

text: S

text: reaffirmed

text: the

text: basic

text: holding

text: of

text: Accardi

text: Here

text: as

text: in

text: Accardi

text: it

text: is

text: theoretically

text: possible

text: for

text: the

text: Attorney

text: General

text: to

text: amend

text: or

text: revoke

text: the

text: regulation

text: defining

text: the

text: Special

text: Prosecutor

text: s

text: authority

text: But

text: he

text: has

text: not

text: done

text: so

text: So

text: long

text: as

text: this

text: regulation

text: remains

text: in

text: force

text: the

text: Executive

text: Branch

text: is

text: bound

text: by

text: it

text: and

text: indeed

text: the

text: United

text: States

text: as

text: the

text: sovereign

text: composed

text: of

text: the

text: three

text: branches

text: is

text: bound

text: to

text: respect

text: and

text: to

text: enforce

text: it

text: Moreover

text: the

text: delegation

text: of

text: authority

text: to

text: the

text: Special

text: Prosecutor

text: in

text: this

text: case

text: is

text: not

text: an

text: ordinary

text: delegation

text: by

text: the

text: Attorney

text: General

text: to

text: a

text: subordinate

text: officer

text: with

text: the

text: authorization

text: of

text: the

text: President

text: the

text: Acting

text: Attorney

text: General

text: provided

text: in

text: the

text: regulation

text: that

text: the

text: Special

text: Prosecutor

text: was

text: not

text: to

text: be

text: removed

text: without

text: the

text: consensus

text: of

text: eight

text: designated

text: leaders

text: of

text: Congress

text: N

text: supra

text: The

text: demands

text: of

text: and

text: the

text: resistance

text: to

text: the

text: subpoena

text: present

text: an

text: obvious

text: controversy

text: in

text: the

text: ordinary

text: sense

text: but

text: that

text: alone

text: is

text: not

text: sufficient

text: to

text: meet

text: constitutional

text: standards

text: In

text: the

text: constitutional

text: sense

text: controversy

text: means

text: more

text: than

text: disagreement

text: and

text: conflict

text: rather

text: it

text: means

text: the

text: kind

text: of

text: controversy

text: courts

text: traditionally

text: resolve

text: Here

text: at

text: issue

text: is

text: the

text: production

text: or

text: nonproduction

text: of

text: specified

text: evidence

text: deemed

text: by

text: the

text: Special

text: Prosecutor

text: to

text: be

text: relevant

text: and

text: admissible

text: in

text: a

text: pending

text: criminal

text: case

text: It

text: is

text: sought

text: by

text: one

text: official

text: of

text: the

text: Executive

text: Branch

text: within

text: the

text: scope

text: of

text: his

text: express

text: authority

text: it

text: is

text: resisted

text: by

text: the

text: Chief

text: Executive

text: on

text: the

text: ground

text: of

text: his

text: duty

text: to

text: preserve

text: the

text: confidentiality

text: of

text: the

text: communications

text: of

text: the

text: President

text: Whatever

text: the

text: correct

text: answer

text: on

text: the

text: merits

text: these

text: issues

text: are

text: of

text: a

text: type

text: which

text: are

text: traditionally

text: justiciable

text: United

text: States

text: v

text: ICC

text: U

text: S

text: at

text: The

text: independent

text: Special

text: Prosecutor

text: with

text: his

text: asserted

text: need

text: for

text: the

text: subpoenaed

text: material

text: in

text: the

text: underlying

text: criminal

text: prosecution

text: is

text: opposed

text: by

text: the

text: President

text: with

text: his

text: steadfast

text: assertion

text: of

text: privilege

text: against

text: disclosure

text: of

text: the

text: material

text: This

text: setting

text: assures

text: there

text: is

text: that

text: concrete

text: adverseness

text: which

text: sharpens

text: the

text: presentation

text: of

text: issues

text: upon

text: which

text: the

text: court

text: so

text: largely

text: depends

text: for

text: illumination

text: of

text: difficult

text: constitutional

text: questions

text: Baker

text: v

text: Carr

text: U

text: S

text: at

text: Moreover

text: since

text: the

text: matter

text: is

text: one

text: arising

text: in

text: the

text: regular

text: course

text: of

text: a

text: federal

text: criminal

text: prosecution

text: it

text: is

text: within

text: the

text: traditional

text: scope

text: of

text: Art

text: III

text: power

text: Id

text: at

text: In

text: light

text: of

text: the

text: uniqueness

text: of

text: the

text: setting

text: in

text: which

text: the

text: conflict

text: arises

text: the

text: fact

text: that

text: both

text: parties

text: are

text: officers

text: of

text: the

text: Executive

text: Branch

text: cannot

text: be

text: viewed

text: as

text: a

text: barrier

text: to

text: justiciability

text: It

text: would

text: be

text: inconsistent

text: with

text: the

text: applicable

text: law

text: and

text: regulation

text: and

text: the

text: unique

text: facts

text: of

text: this

text: case

text: to

text: conclude

text: other

text: than

text: that

text: the

text: Special

text: Prosecutor

text: has

text: standing

text: to

text: bring

text: this

text: action

text: and

text: that

text: a

text: justiciable

text: controversy

text: is

text: presented

text: for

text: decision

text: III

text: RULE

text: c

text: The

text: subpoena

text: duces

text: tecum

text: is

text: challenged

text: on

text: the

text: ground

text: that

text: the

text: Special

text: Prosecutor

text: failed

text: to

text: satisfy

text: the

text: requirements

text: of

text: Fed

text: Rule

text: Crim

text: Proc

text: c

text: which

text: governs

text: the

text: issuance

text: of

text: subpoenas

text: duces

text: tecum

text: in

text: federal

text: criminal

text: proceedings

text: If

text: we

text: sustained

text: this

text: challenge

text: there

text: would

text: be

text: no

text: occasion

text: to

text: reach

text: the

text: claim

text: of

text: privilege

text: asserted

text: with

text: respect

text: to

text: the

text: subpoenaed

text: material

text: Thus

text: we

text: turn

text: to

text: the

text: question

text: whether

text: the

text: requirements

text: of

text: Rule

text: c

text: have

text: been

text: satisfied

text: See

text: Arkansas

text: Louisiana

text: Gas

text: Co

text: v

text: Dept

text: of

text: Public

text: Utilities

text: U

text: S

text: Ashwander

text: v

text: TVA

text: U

text: S

text: Brandeis

text: J

text: concurring

text: Rule

text: c

text: provides

text: A

text: subpoena

text: may

text: also

text: command

text: the

text: person

text: to

text: whom

text: it

text: is

text: directed

text: to

text: produce

text: the

text: books

text: papers

text: documents

text: or

text: other

text: objects

text: designated

text: therein

text: The

text: court

text: on

text: motion

text: made

text: promptly

text: may

text: quash

text: or

text: modify

text: the

text: subpoena

text: if

text: compliance

text: would

text: be

text: unreasonable

text: or

text: oppressive

text: The

text: court

text: may

text: direct

text: that

text: books

text: papers

text: documents

text: or

text: objects

text: designated

text: in

text: the

text: subpoena

text: be

text: produced

text: before

text: the

text: court

text: at

text: a

text: time

text: prior

text: to

text: the

text: trial

text: or

text: prior

text: to

text: the

text: time

text: when

text: they

text: are

text: to

text: be

text: offered

text: in

text: evidence

text: and

text: may

text: upon

text: their

text: production

text: permit

text: the

text: books

text: papers

text: documents

text: or

text: objects

text: or

text: portions

text: thereof

text: to

text: be

text: inspected

text: by

text: the

text: parties

text: and

text: their

text: attorneys

text: A

text: subpoena

text: for

text: documents

text: may

text: be

text: quashed

text: if

text: their

text: production

text: would

text: be

text: unreasonable

text: or

text: oppressive

text: but

text: not

text: otherwise

text: The

text: leading

text: case

text: in

text: this

text: Court

text: interpreting

text: this

text: standard

text: is

text: Bowman

text: Dairy

text: Co

text: v

text: United

text: States

text: U

text: S

text: This

text: case

text: recognized

text: certain

text: fundamental

text: characteristics

text: of

text: the

text: subpoena

text: duces

text: tecum

text: in

text: criminal

text: cases

text: it

text: was

text: not

text: intended

text: to

text: provide

text: a

text: means

text: of

text: discovery

text: for

text: criminal

text: cases

text: id

text: at

text: its

text: chief

text: innovation

text: was

text: to

text: expedite

text: the

text: trial

text: by

text: providing

text: a

text: time

text: and

text: place

text: before

text: trial

text: for

text: the

text: inspection

text: of

text: subpoenaed

text: materials

text: ibid

text: As

text: both

text: parties

text: agree

text: cases

text: decided

text: in

text: the

text: wake

text: of

text: Bowman

text: have

text: generally

text: followed

text: Judge

text: Weinfeld

text: s

text: formulation

text: in

text: United

text: States

text: v

text: Iozia

text: F

text: R

text: D

text: SDNY

text: as

text: to

text: the

text: required

text: showing

text: Under

text: this

text: test

text: in

text: order

text: to

text: require

text: production

text: prior

text: to

text: trial

text: the

text: moving

text: party

text: must

text: show

text: that

text: the

text: documents

text: are

text: evidentiary

text: and

text: relevant

text: that

text: they

text: are

text: not

text: otherwise

text: procurable

text: reasonably

text: in

text: advance

text: of

text: trial

text: by

text: exercise

text: of

text: due

text: diligence

text: that

text: the

text: party

text: cannot

text: properly

text: prepare

text: for

text: trial

text: without

text: such

text: production

text: and

text: inspection

text: in

text: advance

text: of

text: trial

text: and

text: that

text: the

text: failure

text: to

text: obtain

text: such

text: inspection

text: may

text: tend

text: unreasonably

text: to

text: delay

text: the

text: trial

text: and

text: that

text: the

text: application

text: is

text: made

text: in

text: good

text: faith

text: and

text: is

text: not

text: intended

text: as

text: a

text: general

text: fishing

text: expedition

text: Against

text: this

text: background

text: the

text: Special

text: Prosecutor

text: in

text: order

text: to

text: carry

text: his

text: burden

text: must

text: clear

text: three

text: hurdles

text: relevancy

text: admissibility

text: specificity

text: Our

text: own

text: review

text: of

text: the

text: record

text: necessarily

text: affords

text: a

text: less

text: comprehensive

text: view

text: of

text: the

text: total

text: situation

text: than

text: was

text: available

text: to

text: the

text: trial

text: judge

text: and

text: we

text: are

text: unwilling

text: to

text: conclude

text: that

text: the

text: District

text: Court

text: erred

text: in

text: the

text: evaluation

text: of

text: the

text: Special

text: Prosecutor

text: s

text: showing

text: under

text: Rule

text: c

text: Our

text: conclusion

text: is

text: based

text: on

text: the

text: record

text: before

text: us

text: much

text: of

text: which

text: is

text: under

text: seal

text: Of

text: course

text: the

text: contents

text: of

text: the

text: subpoenaed

text: tapes

text: could

text: not

text: at

text: that

text: stage

text: be

text: described

text: fully

text: by

text: the

text: Special

text: Prosecutor

text: but

text: there

text: was

text: a

text: sufficient

text: likelihood

text: that

text: each

text: of

text: the

text: tapes

text: contains

text: conversations

text: relevant

text: to

text: the

text: offenses

text: charged

text: in

text: the

text: indictment

text: United

text: States

text: v

text: Gross

text: F

text: R

text: D

text: SDNY

text: With

text: respect

text: to

text: many

text: of

text: the

text: tapes

text: the

text: Special

text: Prosecutor

text: offered

text: the

text: sworn

text: testimony

text: or

text: statements

text: of

text: one

text: or

text: more

text: of

text: the

text: participants

text: in

text: the

text: conversations

text: as

text: to

text: what

text: was

text: said

text: at

text: the

text: time

text: As

text: for

text: the

text: remainder

text: of

text: the

text: tapes

text: the

text: identity

text: of

text: the

text: participants

text: and

text: the

text: time

text: and

text: place

text: of

text: the

text: conversations

text: taken

text: in

text: their

text: total

text: context

text: permit

text: a

text: rational

text: inference

text: that

text: at

text: least

text: part

text: of

text: the

text: conversations

text: relate

text: to

text: the

text: offenses

text: charged

text: in

text: the

text: indictment

text: We

text: also

text: conclude

text: there

text: was

text: a

text: sufficient

text: preliminary

text: showing

text: that

text: each

text: of

text: the

text: subpoenaed

text: tapes

text: contains

text: evidence

text: admissible

text: with

text: respect

text: to

text: the

text: offenses

text: charged

text: in

text: the

text: indictment

text: The

text: most

text: cogent

text: objection

text: to

text: the

text: admissibility

text: of

text: the

text: taped

text: conversations

text: here

text: at

text: issue

text: is

text: that

text: they

text: are

text: a

text: collection

text: of

text: out

text: of

text: court

text: statements

text: by

text: declarants

text: who

text: will

text: not

text: be

text: subject

text: to

text: cross

text: examination

text: and

text: that

text: the

text: statements

text: are

text: therefore

text: inadmissible

text: hearsay

text: Here

text: however

text: most

text: of

text: the

text: tapes

text: apparently

text: contain

text: conversations

text: to

text: which

text: one

text: or

text: more

text: of

text: the

text: defendants

text: named

text: in

text: the

text: indictment

text: were

text: party

text: The

text: hearsay

text: rule

text: does

text: not

text: automatically

text: bar

text: all

text: out

text: of

text: court

text: statements

text: by

text: a

text: defendant

text: in

text: a

text: criminal

text: case

text: Declarations

text: by

text: one

text: defendant

text: may

text: also

text: be

text: admissible

text: against

text: other

text: defendants

text: upon

text: a

text: sufficient

text: showing

text: by

text: independent

text: evidence

text: of

text: a

text: conspiracy

text: among

text: one

text: or

text: more

text: other

text: defendants

text: and

text: the

text: declarant

text: and

text: if

text: the

text: declarations

text: at

text: issue

text: were

text: in

text: furtherance

text: of

text: that

text: conspiracy

text: The

text: same

text: is

text: true

text: of

text: declarations

text: of

text: coconspirators

text: who

text: are

text: not

text: defendants

text: in

text: the

text: case

text: on

text: trial

text: Dutton

text: v

text: Evans

text: U

text: S

text: Recorded

text: conversations

text: may

text: also

text: be

text: admissible

text: for

text: the

text: limited

text: purpose

text: of

text: impeaching

text: the

text: credibility

text: of

text: any

text: defendant

text: who

text: testifies

text: or

text: any

text: other

text: coconspirator

text: who

text: testifies

text: Generally

text: the

text: need

text: for

text: evidence

text: to

text: impeach

text: witnesses

text: is

text: insufficient

text: to

text: require

text: its

text: production

text: in

text: advance

text: of

text: trial

text: See

text: e

text: g

text: United

text: States

text: v

text: Carter

text: F

text: R

text: D

text: DC

text: Here

text: however

text: there

text: are

text: other

text: valid

text: potential

text: evidentiary

text: uses

text: for

text: the

text: same

text: material

text: and

text: the

text: analysis

text: and

text: possible

text: transcription

text: of

text: the

text: tapes

text: may

text: take

text: a

text: significant

text: period

text: of

text: time

text: Accordingly

text: we

text: cannot

text: conclude

text: that

text: the

text: District

text: Court

text: erred

text: in

text: authorizing

text: the

text: issuance

text: of

text: the

text: subpoena

text: duces

text: tecum

text: Enforcement

text: of

text: a

text: pretrial

text: subpoena

text: duces

text: tecum

text: must

text: necessarily

text: be

text: committed

text: to

text: the

text: sound

text: discretion

text: of

text: the

text: trial

text: court

text: since

text: the

text: necessity

text: for

text: the

text: subpoena

text: most

text: often

text: turns

text: upon

text: a

text: determination

text: of

text: factual

text: issues

text: Without

text: a

text: determination

text: of

text: arbitrariness

text: or

text: that

text: the

text: trial

text: court

text: finding

text: was

text: without

text: record

text: support

text: an

text: appellate

text: court

text: will

text: not

text: ordinarily

text: disturb

text: a

text: finding

text: that

text: the

text: applicant

text: for

text: a

text: subpoena

text: complied

text: with

text: Rule

text: c

text: See

text: e

text: g

text: Sue

text: v

text: Chicago

text: Transit

text: Authority

text: F

text: d

text: CA

text: Shotkin

text: v

text: Nelson

text: F

text: d

text: CA

text: In

text: a

text: case

text: such

text: as

text: this

text: however

text: where

text: a

text: subpoena

text: is

text: directed

text: to

text: a

text: President

text: of

text: the

text: United

text: States

text: appellate

text: review

text: in

text: deference

text: to

text: a

text: coordinate

text: branch

text: of

text: Government

text: should

text: be

text: particularly

text: meticulous

text: to

text: ensure

text: that

text: the

text: standards

text: of

text: Rule

text: c

text: have

text: been

text: correctly

text: applied

text: United

text: States

text: v

text: Burr

text: F

text: Cas

text: No

text: d

text: CC

text: Va

text: From

text: our

text: examination

text: of

text: the

text: materials

text: submitted

text: by

text: the

text: Special

text: Prosecutor

text: to

text: the

text: District

text: Court

text: in

text: support

text: of

text: his

text: motion

text: for

text: the

text: subpoena

text: we

text: are

text: persuaded

text: that

text: the

text: District

text: Court

text: s

text: denial

text: of

text: the

text: President

text: s

text: motion

text: to

text: quash

text: the

text: subpoena

text: was

text: consistent

text: with

text: Rule

text: c

text: We

text: also

text: conclude

text: that

text: the

text: Special

text: Prosecutor

text: has

text: made

text: a

text: sufficient

text: showing

text: to

text: justify

text: a

text: subpoena

text: for

text: production

text: before

text: trial

text: The

text: subpoenaed

text: materials

text: are

text: not

text: available

text: from

text: any

text: other

text: source

text: and

text: their

text: examination

text: and

text: processing

text: should

text: not

text: await

text: trial

text: in

text: the

text: circumstances

text: shown

text: Bowman

text: Dairy

text: Co

text: v

text: United

text: States

text: U

text: S

text: United

text: States

text: v

text: Iozia

text: F

text: R

text: D

text: SDNY

text: IV

text: THE

text: CLAIM

text: OF

text: PRIVILEGE

text: A

text: Having

text: determined

text: that

text: the

text: requirements

text: of

text: Rule

text: c

text: were

text: satisfied

text: we

text: turn

text: to

text: the

text: claim

text: that

text: the

text: subpoena

text: should

text: be

text: quashed

text: because

text: it

text: demands

text: confidential

text: conversations

text: between

text: a

text: President

text: and

text: his

text: close

text: advisors

text: that

text: it

text: would

text: be

text: inconsistent

text: with

text: the

text: public

text: interest

text: to

text: produce

text: App

text: a

text: The

text: first

text: contention

text: is

text: a

text: broad

text: claim

text: that

text: the

text: separation

text: of

text: powers

text: doctrine

text: precludes

text: judicial

text: review

text: of

text: a

text: President

text: s

text: claim

text: of

text: privilege

text: The

text: second

text: contention

text: is

text: that

text: if

text: he

text: does

text: not

text: prevail

text: on

text: the

text: claim

text: of

text: absolute

text: privilege

text: the

text: court

text: should

text: hold

text: as

text: a

text: matter

text: of

text: constitutional

text: law

text: that

text: the

text: privilege

text: prevails

text: over

text: the

text: subpoena

text: duces

text: tecum

text: In

text: the

text: performance

text: of

text: assigned

text: constitutional

text: duties

text: each

text: branch

text: of

text: the

text: Government

text: must

text: initially

text: interpret

text: the

text: Constitution

text: and

text: the

text: interpretation

text: of

text: its

text: powers

text: by

text: any

text: branch

text: is

text: due

text: great

text: respect

text: from

text: the

text: others

text: The

text: President

text: s

text: counsel

text: as

text: we

text: have

text: noted

text: reads

text: the

text: Constitution

text: as

text: providing

text: an

text: absolute

text: privilege

text: of

text: confidentiality

text: for

text: all

text: Presidential

text: communications

text: Many

text: decisions

text: of

text: this

text: Court

text: however

text: have

text: unequivocally

text: reaffirmed

text: the

text: holding

text: of

text: Marbury

text: v

text: Madison

text: Cranch

text: that

text: i

text: t

text: is

text: emphatically

text: the

text: province

text: and

text: duty

text: of

text: the

text: judicial

text: department

text: to

text: say

text: what

text: the

text: law

text: is

text: Id

text: at

text: No

text: holding

text: of

text: the

text: Court

text: has

text: defined

text: the

text: scope

text: of

text: judicial

text: power

text: specifically

text: relating

text: to

text: the

text: enforcement

text: of

text: a

text: subpoena

text: for

text: confidential

text: Presidential

text: communications

text: for

text: use

text: in

text: a

text: criminal

text: prosecution

text: but

text: other

text: exercises

text: of

text: power

text: by

text: the

text: Executive

text: Branch

text: and

text: the

text: Legislative

text: Branch

text: have

text: been

text: found

text: invalid

text: as

text: in

text: conflict

text: with

text: the

text: Constitution

text: Powell

text: v

text: McCormack

text: U

text: S

text: Youngstown

text: Sheet

text: Tube

text: Co

text: v

text: Sawyer

text: U

text: S

text: In

text: a

text: series

text: of

text: cases

text: the

text: Court

text: interpreted

text: the

text: explicit

text: immunity

text: conferred

text: by

text: express

text: provisions

text: of

text: the

text: Constitution

text: on

text: Members

text: of

text: the

text: House

text: and

text: Senate

text: by

text: the

text: Speech

text: or

text: Debate

text: Clause

text: U

text: S

text: Const

text: Art

text: I

text: Doe

text: v

text: McMillan

text: U

text: S

text: Gravel

text: v

text: United

text: States

text: U

text: S

text: United

text: States

text: v

text: Brewster

text: U

text: S

text: United

text: States

text: v

text: Johnson

text: U

text: S

text: Since

text: this

text: Court

text: has

text: consistently

text: exercised

text: the

text: power

text: to

text: construe

text: and

text: delineate

text: claims

text: arising

text: under

text: express

text: powers

text: it

text: must

text: follow

text: that

text: the

text: Court

text: has

text: authority

text: to

text: interpret

text: claims

text: with

text: respect

text: to

text: powers

text: alleged

text: to

text: derive

text: from

text: enumerated

text: powers

text: Our

text: system

text: of

text: government

text: requires

text: that

text: federal

text: courts

text: on

text: occasion

text: interpret

text: the

text: Constitution

text: in

text: a

text: manner

text: at

text: variance

text: with

text: the

text: construction

text: given

text: the

text: document

text: by

text: another

text: branch

text: Powell

text: v

text: McCormack

text: supra

text: at

text: And

text: in

text: Baker

text: v

text: Carr

text: U

text: S

text: at

text: the

text: Court

text: stated

text: Deciding

text: whether

text: a

text: matter

text: has

text: in

text: any

text: measure

text: been

text: committed

text: by

text: the

text: Constitution

text: to

text: another

text: branch

text: of

text: government

text: or

text: whether

text: the

text: action

text: of

text: that

text: branch

text: exceeds

text: whatever

text: authority

text: has

text: been

text: committed

text: is

text: itself

text: a

text: delicate

text: exercise

text: in

text: constitutional

text: interpretation

text: and

text: is

text: a

text: responsibility

text: of

text: this

text: Court

text: as

text: ultimate

text: interpreter

text: of

text: the

text: Constitution

text: Notwithstanding

text: the

text: deference

text: each

text: branch

text: must

text: accord

text: the

text: others

text: the

text: judicial

text: Power

text: of

text: the

text: United

text: States

text: vested

text: in

text: the

text: federal

text: courts

text: by

text: Art

text: III

text: of

text: the

text: Constitution

text: can

text: no

text: more

text: be

text: shared

text: with

text: the

text: Executive

text: Branch

text: than

text: the

text: Chief

text: Executive

text: for

text: example

text: can

text: share

text: with

text: the

text: Judiciary

text: the

text: veto

text: power

text: or

text: the

text: Congress

text: share

text: with

text: the

text: Judiciary

text: the

text: power

text: to

text: override

text: a

text: Presidential

text: veto

text: Any

text: other

text: conclusion

text: would

text: be

text: contrary

text: to

text: the

text: basic

text: concept

text: of

text: separation

text: of

text: powers

text: and

text: the

text: checks

text: and

text: balances

text: that

text: flow

text: from

text: the

text: scheme

text: of

text: a

text: tripartite

text: government

text: The

text: Federalist

text: No

text: p

text: S

text: Mittell

text: ed

text: We

text: therefore

text: reaffirm

text: that

text: it

text: is

text: the

text: province

text: and

text: duty

text: of

text: this

text: Court

text: to

text: say

text: what

text: the

text: law

text: is

text: with

text: respect

text: to

text: the

text: claim

text: of

text: privilege

text: presented

text: in

text: this

text: case

text: Marbury

text: v

text: Madison

text: supra

text: at

text: B

text: In

text: support

text: of

text: his

text: claim

text: of

text: absolute

text: privilege

text: the

text: President

text: s

text: counsel

text: urges

text: two

text: grounds

text: one

text: of

text: which

text: is

text: common

text: to

text: all

text: governments

text: and

text: one

text: of

text: which

text: is

text: peculiar

text: to

text: our

text: system

text: of

text: separation

text: of

text: powers

text: The

text: first

text: ground

text: is

text: the

text: valid

text: need

text: for

text: protection

text: of

text: communications

text: between

text: high

text: Government

text: officials

text: and

text: those

text: who

text: advise

text: and

text: assist

text: them

text: in

text: the

text: performance

text: of

text: their

text: manifold

text: duties

text: the

text: importance

text: of

text: this

text: confidentiality

text: is

text: too

text: plain

text: to

text: require

text: further

text: discussion

text: Human

text: experience

text: teaches

text: that

text: those

text: who

text: expect

text: public

text: dissemination

text: of

text: their

text: remarks

text: may

text: well

text: temper

text: candor

text: with

text: a

text: concern

text: for

text: appearances

text: and

text: for

text: their

text: own

text: interests

text: to

text: the

text: detriment

text: of

text: the

text: decisionmaking

text: process

text: Whatever

text: the

text: nature

text: of

text: the

text: privilege

text: of

text: confidentiality

text: of

text: Presidential

text: communications

text: in

text: the

text: exercise

text: of

text: Art

text: II

text: powers

text: the

text: privilege

text: can

text: be

text: said

text: to

text: derive

text: from

text: the

text: supremacy

text: of

text: each

text: branch

text: within

text: its

text: own

text: assigned

text: area

text: of

text: constitutional

text: duties

text: Certain

text: powers

text: and

text: privileges

text: flow

text: from

text: the

text: nature

text: of

text: enumerated

text: powers

text: the

text: protection

text: of

text: the

text: confidentiality

text: of

text: Presidential

text: communications

text: has

text: similar

text: constitutional

text: underpinnings

text: The

text: second

text: ground

text: asserted

text: by

text: the

text: President

text: s

text: counsel

text: in

text: support

text: of

text: the

text: claim

text: of

text: absolute

text: privilege

text: rests

text: on

text: the

text: doctrine

text: of

text: separation

text: of

text: powers

text: Here

text: it

text: is

text: argued

text: that

text: the

text: independence

text: of

text: the

text: Executive

text: Branch

text: within

text: its

text: own

text: sphere

text: Humphrey

text: s

text: Executor

text: v

text: United

text: States

text: U

text: S

text: Kilbourn

text: v

text: Thompson

text: U

text: S

text: insulates

text: a

text: President

text: from

text: a

text: judicial

text: subpoena

text: in

text: an

text: ongoing

text: criminal

text: prosecution

text: and

text: thereby

text: protects

text: confidential

text: Presidential

text: communications

text: However

text: neither

text: the

text: doctrine

text: of

text: separation

text: of

text: powers

text: nor

text: the

text: need

text: for

text: confidentiality

text: of

text: high

text: level

text: communications

text: without

text: more

text: can

text: sustain

text: an

text: absolute

text: unqualified

text: Presidential

text: privilege

text: of

text: immunity

text: from

text: judicial

text: process

text: under

text: all

text: circumstances

text: The

text: President

text: s

text: need

text: for

text: complete

text: candor

text: and

text: objectivity

text: from

text: advisers

text: calls

text: for

text: great

text: deference

text: from

text: the

text: courts

text: However

text: when

text: the

text: privilege

text: depends

text: solely

text: on

text: the

text: broad

text: undifferentiated

text: claim

text: of

text: public

text: interest

text: in

text: the

text: confidentiality

text: of

text: such

text: conversations

text: a

text: confrontation

text: with

text: other

text: values

text: arises

text: Absent

text: a

text: claim

text: of

text: need

text: to

text: protect

text: military

text: diplomatic

text: or

text: sensitive

text: national

text: security

text: secrets

text: we

text: find

text: it

text: difficult

text: to

text: accept

text: the

text: argument

text: that

text: even

text: the

text: very

text: important

text: interest

text: in

text: confidentiality

text: of

text: Presidential

text: communications

text: is

text: significantly

text: diminished

text: by

text: production

text: of

text: such

text: material

text: for

text: in

text: camera

text: inspection

text: with

text: all

text: the

text: protection

text: that

text: a

text: district

text: court

text: will

text: be

text: obliged

text: to

text: provide

text: The

text: impediment

text: that

text: an

text: absolute

text: unqualified

text: privilege

text: would

text: place

text: in

text: the

text: way

text: of

text: the

text: primary

text: constitutional

text: duty

text: of

text: the

text: Judicial

text: Branch

text: to

text: do

text: justice

text: in

text: criminal

text: prosecutions

text: would

text: plainly

text: conflict

text: with

text: the

text: function

text: of

text: the

text: courts

text: under

text: Art

text: III

text: In

text: designing

text: the

text: structure

text: of

text: our

text: Government

text: and

text: dividing

text: and

text: allocating

text: the

text: sovereign

text: power

text: among

text: three

text: co

text: equal

text: branches

text: the

text: Framers

text: of

text: the

text: Constitution

text: sought

text: to

text: provide

text: a

text: comprehensive

text: system

text: but

text: the

text: separate

text: powers

text: were

text: not

text: intended

text: to

text: operate

text: with

text: absolute

text: independence

text: While

text: the

text: Constitution

text: diffuses

text: power

text: the

text: better

text: to

text: secure

text: liberty

text: it

text: also

text: contemplates

text: that

text: practice

text: will

text: integrate

text: the

text: dispersed

text: powers

text: into

text: a

text: workable

text: government

text: It

text: enjoins

text: upon

text: its

text: branches

text: separateness

text: but

text: interdependence

text: autonomy

text: but

text: reciprocity

text: Youngstown

text: Sheet

text: Tube

text: Co

text: v

text: Sawyer

text: U

text: S

text: at

text: Jackson

text: J

text: concurring

text: To

text: read

text: the

text: Art

text: II

text: powers

text: of

text: the

text: President

text: as

text: providing

text: an

text: absolute

text: privilege

text: as

text: against

text: a

text: subpoena

text: essential

text: to

text: enforcement

text: of

text: criminal

text: statutes

text: on

text: no

text: more

text: than

text: a

text: generalized

text: claim

text: of

text: the

text: public

text: interest

text: in

text: confidentiality

text: of

text: nonmilitary

text: and

text: nondiplomatic

text: discussions

text: would

text: upset

text: the

text: constitutional

text: balance

text: of

text: a

text: workable

text: government

text: and

text: gravely

text: impair

text: the

text: role

text: of

text: the

text: courts

text: under

text: Art

text: III

text: C

text: Since

text: we

text: conclude

text: that

text: the

text: legitimate

text: needs

text: of

text: the

text: judicial

text: process

text: may

text: outweigh

text: Presidential

text: privilege

text: it

text: is

text: necessary

text: to

text: resolve

text: those

text: competing

text: interests

text: in

text: a

text: manner

text: that

text: preserves

text: the

text: essential

text: functions

text: of

text: each

text: branch

text: The

text: right

text: and

text: indeed

text: the

text: duty

text: to

text: resolve

text: that

text: question

text: does

text: not

text: free

text: the

text: Judiciary

text: from

text: according

text: high

text: respect

text: to

text: the

text: representations

text: made

text: on

text: behalf

text: of

text: the

text: President

text: United

text: States

text: v

text: Burr

text: F

text: Cas

text: No

text: CC

text: Va

text: The

text: expectation

text: of

text: a

text: President

text: to

text: the

text: confidentiality

text: of

text: his

text: conversations

text: and

text: correspondence

text: like

text: the

text: claim

text: of

text: confidentiality

text: of

text: judicial

text: deliberations

text: for

text: example

text: has

text: all

text: the

text: values

text: to

text: which

text: we

text: accord

text: deference

text: for

text: the

text: privacy

text: of

text: all

text: citizens

text: and

text: added

text: to

text: those

text: values

text: is

text: the

text: necessity

text: for

text: protection

text: of

text: the

text: public

text: interest

text: in

text: candid

text: objective

text: and

text: even

text: blunt

text: or

text: harsh

text: opinions

text: in

text: Presidential

text: decision

text: making

text: A

text: President

text: and

text: those

text: who

text: assist

text: him

text: must

text: be

text: free

text: to

text: explore

text: alternatives

text: in

text: the

text: process

text: of

text: shaping

text: policies

text: and

text: making

text: decisions

text: and

text: to

text: do

text: so

text: in

text: a

text: way

text: many

text: would

text: be

text: unwilling

text: to

text: express

text: except

text: privately

text: These

text: are

text: the

text: considerations

text: justifying

text: a

text: presumptive

text: privilege

text: for

text: Presidential

text: communications

text: The

text: privilege

text: is

text: fundamental

text: to

text: the

text: operation

text: of

text: Government

text: and

text: inextricably

text: rooted

text: in

text: the

text: separation

text: of

text: powers

text: under

text: the

text: Constitution

text: In

text: Nixon

text: v

text: Sirica

text: U

text: S

text: App

text: D

text: C

text: F

text: d

text: the

text: Court

text: of

text: Appeals

text: held

text: that

text: such

text: Presidential

text: communications

text: are

text: presumptively

text: privileged

text: id

text: at

text: F

text: d

text: at

text: and

text: this

text: position

text: is

text: accepted

text: by

text: both

text: parties

text: in

text: the

text: present

text: litigation

text: We

text: agree

text: with

text: Mr

text: Chief

text: Justice

text: Marshall

text: s

text: observation

text: therefore

text: that

text: i

text: n

text: no

text: case

text: of

text: this

text: kind

text: would

text: a

text: court

text: be

text: required

text: to

text: proceed

text: against

text: the

text: president

text: as

text: against

text: an

text: ordinary

text: individual

text: United

text: States

text: v

text: Burr

text: F

text: Cas

text: at

text: But

text: this

text: presumptive

text: privilege

text: must

text: be

text: considered

text: in

text: light

text: of

text: our

text: historic

text: commitment

text: to

text: the

text: rule

text: of

text: law

text: This

text: is

text: nowhere

text: more

text: profoundly

text: manifest

text: than

text: in

text: our

text: view

text: that

text: the

text: twofold

text: aim

text: of

text: criminal

text: justice

text: is

text: that

text: guilt

text: shall

text: not

text: escape

text: or

text: innocence

text: suffer

text: Berger

text: v

text: United

text: States

text: U

text: S

text: at

text: We

text: have

text: elected

text: to

text: employ

text: an

text: adversary

text: system

text: of

text: criminal

text: justice

text: in

text: which

text: the

text: parties

text: contest

text: all

text: issues

text: before

text: a

text: court

text: of

text: law

text: The

text: need

text: to

text: develop

text: all

text: relevant

text: facts

text: in

text: the

text: adversary

text: system

text: is

text: both

text: fundamental

text: and

text: comprehensive

text: The

text: ends

text: of

text: criminal

text: justice

text: would

text: be

text: defeated

text: if

text: judgments

text: were

text: to

text: be

text: founded

text: on

text: a

text: partial

text: or

text: speculative

text: presentation

text: of

text: the

text: facts

text: The

text: very

text: integrity

text: of

text: the

text: judicial

text: system

text: and

text: public

text: confidence

text: in

text: the

text: system

text: depend

text: on

text: full

text: disclosure

text: of

text: all

text: the

text: facts

text: within

text: the

text: framework

text: of

text: the

text: rules

text: of

text: evidence

text: To

text: ensure

text: that

text: justice

text: is

text: done

text: it

text: is

text: imperative

text: to

text: the

text: function

text: of

text: courts

text: that

text: compulsory

text: process

text: be

text: available

text: for

text: the

text: production

text: of

text: evidence

text: needed

text: either

text: by

text: the

text: prosecution

text: or

text: by

text: the

text: defense

text: Only

text: recently

text: the

text: Court

text: restated

text: the

text: ancient

text: proposition

text: of

text: law

text: albeit

text: in

text: the

text: context

text: of

text: a

text: grand

text: jury

text: inquiry

text: rather

text: than

text: a

text: trial

text: that

text: the

text: public

text: has

text: a

text: right

text: to

text: every

text: man

text: s

text: evidence

text: except

text: for

text: those

text: persons

text: protected

text: by

text: a

text: constitutional

text: common

text: law

text: or

text: statutory

text: privilege

text: United

text: States

text: v

text: Bryan

text: U

text: S

text: Blackmer

text: v

text: United

text: States

text: U

text: S

text: Branzburg

text: v

text: Hayes

text: U

text: S

text: The

text: privileges

text: referred

text: to

text: by

text: the

text: Court

text: are

text: designed

text: to

text: protect

text: weighty

text: and

text: legitimate

text: competing

text: interests

text: Thus

text: the

text: Fifth

text: Amendment

text: to

text: the

text: Constitution

text: provides

text: that

text: no

text: man

text: shall

text: be

text: compelled

text: in

text: any

text: criminal

text: case

text: to

text: be

text: a

text: witness

text: against

text: himself

text: And

text: generally

text: an

text: attorney

text: or

text: a

text: priest

text: may

text: not

text: be

text: required

text: to

text: disclose

text: what

text: has

text: been

text: revealed

text: in

text: professional

text: confidence

text: These

text: and

text: other

text: interests

text: are

text: recognized

text: in

text: law

text: by

text: privileges

text: against

text: forced

text: disclosure

text: established

text: in

text: the

text: Constitution

text: by

text: statute

text: or

text: at

text: common

text: law

text: Whatever

text: their

text: origins

text: these

text: exceptions

text: to

text: the

text: demand

text: for

text: every

text: man

text: s

text: evidence

text: are

text: not

text: lightly

text: created

text: nor

text: expansively

text: construed

text: for

text: they

text: are

text: in

text: derogation

text: of

text: the

text: search

text: for

text: truth

text: In

text: this

text: case

text: the

text: President

text: challenges

text: a

text: subpoena

text: served

text: on

text: him

text: as

text: a

text: third

text: party

text: requiring

text: the

text: production

text: of

text: materials

text: for

text: use

text: in

text: a

text: criminal

text: prosecution

text: he

text: does

text: so

text: on

text: the

text: claim

text: that

text: he

text: has

text: a

text: privilege

text: against

text: disclosure

text: of

text: confidential

text: communications

text: He

text: does

text: not

text: place

text: his

text: claim

text: of

text: privilege

text: on

text: the

text: ground

text: they

text: are

text: military

text: or

text: diplomatic

text: secrets

text: As

text: to

text: these

text: areas

text: of

text: Art

text: II

text: duties

text: the

text: courts

text: have

text: traditionally

text: shown

text: the

text: utmost

text: deference

text: to

text: Presidential

text: responsibilities

text: In

text: C

text: S

text: Air

text: Lines

text: v

text: Waterman

text: S

text: S

text: Crop

text: U

text: S

text: dealing

text: with

text: Presidential

text: authority

text: involving

text: foreign

text: policy

text: considerations

text: the

text: Court

text: said

text: The

text: President

text: both

text: as

text: Commander

text: in

text: Chief

text: and

text: as

text: the

text: Nation

text: s

text: organ

text: for

text: foreign

text: affairs

text: has

text: available

text: intelligence

text: services

text: whose

text: reports

text: are

text: not

text: and

text: ought

text: not

text: to

text: be

text: published

text: to

text: the

text: world

text: It

text: would

text: be

text: intolerable

text: that

text: courts

text: without

text: the

text: relevant

text: information

text: should

text: review

text: and

text: perhaps

text: nullify

text: actions

text: of

text: the

text: Executive

text: taken

text: on

text: information

text: properly

text: held

text: secret

text: In

text: United

text: States

text: v

text: Reynolds

text: U

text: S

text: dealing

text: with

text: a

text: claimant

text: s

text: demand

text: for

text: evidence

text: in

text: a

text: Tort

text: Claims

text: Act

text: case

text: against

text: the

text: Government

text: the

text: Court

text: said

text: It

text: may

text: be

text: possible

text: to

text: satisfy

text: the

text: court

text: from

text: all

text: the

text: circumstances

text: of

text: the

text: case

text: that

text: there

text: is

text: a

text: reasonable

text: danger

text: that

text: compulsion

text: of

text: the

text: evidence

text: will

text: expose

text: military

text: matters

text: which

text: in

text: the

text: interest

text: of

text: national

text: security

text: should

text: not

text: be

text: divulged

text: When

text: this

text: is

text: the

text: case

text: the

text: occasion

text: for

text: the

text: privilege

text: is

text: appropriate

text: and

text: the

text: court

text: should

text: not

text: jeopardize

text: the

text: security

text: which

text: the

text: privilege

text: is

text: meant

text: to

text: protect

text: by

text: insisting

text: upon

text: an

text: examination

text: of

text: the

text: evidence

text: even

text: by

text: the

text: judge

text: alone

text: in

text: chambers

text: Id

text: at

text: No

text: case

text: of

text: the

text: Court

text: however

text: has

text: extended

text: this

text: high

text: degree

text: of

text: deference

text: to

text: a

text: President

text: s

text: generalized

text: interest

text: in

text: confidentiality

text: Nowhere

text: in

text: the

text: Constitution

text: as

text: we

text: have

text: noted

text: earlier

text: is

text: there

text: any

text: explicit

text: reference

text: to

text: a

text: privilege

text: of

text: confidentiality

text: yet

text: to

text: the

text: extent

text: this

text: interest

text: relates

text: to

text: the

text: effective

text: discharge

text: of

text: a

text: President

text: s

text: powers

text: it

text: is

text: constitutionally

text: based

text: The

text: right

text: to

text: the

text: production

text: of

text: all

text: evidence

text: at

text: a

text: criminal

text: trial

text: similarly

text: has

text: constitutional

text: dimensions

text: The

text: Sixth

text: Amendment

text: explicitly

text: confers

text: upon

text: every

text: defendant

text: in

text: a

text: criminal

text: trial

text: the

text: right

text: to

text: be

text: confronted

text: with

text: the

text: witnesses

text: against

text: him

text: and

text: to

text: have

text: compulsory

text: process

text: for

text: obtaining

text: witnesses

text: in

text: his

text: favor

text: Moreover

text: the

text: Fifth

text: Amendment

text: also

text: guarantees

text: that

text: no

text: person

text: shall

text: be

text: deprived

text: of

text: liberty

text: without

text: due

text: process

text: of

text: law

text: It

text: is

text: the

text: manifest

text: duty

text: of

text: the

text: courts

text: to

text: vindicate

text: those

text: guarantees

text: and

text: to

text: accomplish

text: that

text: it

text: is

text: essential

text: that

text: all

text: relevant

text: and

text: admissible

text: evidence

text: be

text: produced

text: In

text: this

text: case

text: we

text: must

text: weigh

text: the

text: importance

text: of

text: the

text: general

text: privilege

text: of

text: confidentiality

text: of

text: Presidential

text: communications

text: in

text: performance

text: of

text: the

text: President

text: s

text: responsibilities

text: against

text: the

text: inroads

text: of

text: such

text: a

text: privilege

text: on

text: the

text: fair

text: administration

text: of

text: criminal

text: justice

text: The

text: interest

text: in

text: preserving

text: confidentiality

text: is

text: weighty

text: indeed

text: and

text: entitled

text: to

text: great

text: respect

text: However

text: we

text: cannot

text: conclude

text: that

text: advisers

text: will

text: be

text: moved

text: to

text: temper

text: the

text: candor

text: of

text: their

text: remarks

text: by

text: the

text: infrequent

text: occasions

text: of

text: disclosure

text: because

text: of

text: the

text: possibility

text: that

text: such

text: conversations

text: will

text: be

text: called

text: for

text: in

text: the

text: context

text: of

text: a

text: criminal

text: prosecution

text: On

text: the

text: other

text: hand

text: the

text: allowance

text: of

text: the

text: privilege

text: to

text: withhold

text: evidence

text: that

text: is

text: demonstrably

text: relevant

text: in

text: a

text: criminal

text: trial

text: would

text: cut

text: deeply

text: into

text: the

text: guarantee

text: of

text: due

text: process

text: of

text: law

text: and

text: gravely

text: impair

text: the

text: basic

text: function

text: of

text: the

text: courts

text: A

text: President

text: s

text: acknowledged

text: need

text: for

text: confidentiality

text: in

text: the

text: communications

text: of

text: his

text: office

text: is

text: general

text: in

text: nature

text: whereas

text: the

text: constitutional

text: need

text: for

text: production

text: of

text: relevant

text: evidence

text: in

text: a

text: criminal

text: proceeding

text: is

text: specific

text: and

text: central

text: to

text: the

text: fair

text: adjudication

text: of

text: a

text: particular

text: criminal

text: case

text: in

text: the

text: administration

text: of

text: justice

text: Without

text: access

text: to

text: specific

text: facts

text: a

text: criminal

text: prosecution

text: may

text: be

text: totally

text: frustrated

text: The

text: President

text: s

text: broad

text: interest

text: in

text: confidentiality

text: of

text: communications

text: will

text: not

text: be

text: vitiated

text: by

text: disclosure

text: of

text: a

text: limited

text: number

text: of

text: conversations

text: preliminarily

text: shown

text: to

text: have

text: some

text: bearing

text: on

text: the

text: pending

text: criminal

text: cases

text: We

text: conclude

text: that

text: when

text: the

text: ground

text: for

text: asserting

text: privilege

text: as

text: to

text: subpoenaed

text: materials

text: sought

text: for

text: use

text: in

text: a

text: criminal

text: trial

text: is

text: based

text: only

text: on

text: the

text: generalized

text: interest

text: in

text: confidentiality

text: it

text: cannot

text: prevail

text: over

text: the

text: fundamental

text: demands

text: of

text: due

text: process

text: of

text: law

text: in

text: the

text: fair

text: administration

text: of

text: criminal

text: justice

text: The

text: generalized

text: assertion

text: of

text: privilege

text: must

text: yield

text: to

text: the

text: demonstrated

text: specific

text: need

text: for

text: evidence

text: in

text: a

text: pending

text: criminal

text: trial

text: D

text: We

text: have

text: earlier

text: determined

text: that

text: the

text: District

text: Court

text: did

text: not

text: err

text: in

text: authorizing

text: the

text: issuance

text: of

text: the

text: subpoena

text: If

text: a

text: President

text: concludes

text: that

text: compliance

text: with

text: a

text: subpoena

text: would

text: be

text: injurious

text: to

text: the

text: public

text: interest

text: he

text: may

text: properly

text: as

text: was

text: done

text: here

text: invoke

text: a

text: claim

text: of

text: privilege

text: on

text: the

text: return

text: of

text: the

text: subpoena

text: Upon

text: receiving

text: a

text: claim

text: of

text: privilege

text: from

text: the

text: Chief

text: Executive

text: it

text: became

text: the

text: further

text: duty

text: of

text: the

text: District

text: Court

text: to

text: treat

text: the

text: subpoenaed

text: material

text: as

text: presumptively

text: privileged

text: and

text: to

text: require

text: the

text: Special

text: Prosecutor

text: to

text: demonstrate

text: that

text: the

text: Presidential

text: material

text: was

text: essential

text: to

text: the

text: justice

text: of

text: the

text: pending

text: criminal

text: case

text: United

text: States

text: v

text: Burr

text: F

text: Cas

text: at

text: Here

text: the

text: District

text: Court

text: treated

text: the

text: material

text: as

text: presumptively

text: privileged

text: proceeded

text: to

text: find

text: that

text: the

text: Special

text: Prosecutor

text: had

text: made

text: a

text: sufficient

text: showing

text: to

text: rebut

text: the

text: presumption

text: and

text: ordered

text: an

text: in

text: camera

text: examination

text: of

text: the

text: subpoenaed

text: material

text: On

text: the

text: basis

text: of

text: our

text: examination

text: of

text: the

text: record

text: we

text: are

text: unable

text: to

text: conclude

text: that

text: the

text: District

text: Court

text: erred

text: in

text: ordering

text: the

text: inspection

text: Accordingly

text: we

text: affirm

text: the

text: order

text: of

text: the

text: District

text: Court

text: that

text: subpoenaed

text: materials

text: be

text: transmitted

text: to

text: that

text: court

text: We

text: now

text: turn

text: to

text: the

text: important

text: question

text: of

text: the

text: District

text: Court

text: s

text: responsibilities

text: in

text: conducting

text: the

text: in

text: camera

text: examination

text: of

text: Presidential

text: materials

text: or

text: communications

text: delivered

text: under

text: the

text: compulsion

text: of

text: the

text: subpoena

text: duces

text: tecum

text: E

text: Enforcement

text: of

text: the

text: subpoena

text: duces

text: tecum

text: was

text: stayed

text: pending

text: this

text: Court

text: s

text: resolution

text: of

text: the

text: issues

text: raised

text: by

text: the

text: petitions

text: for

text: certiorari

text: Those

text: issues

text: now

text: having

text: been

text: disposed

text: of

text: the

text: matter

text: of

text: implementation

text: will

text: rest

text: with

text: the

text: District

text: Court

text: T

text: he

text: guard

text: furnished

text: to

text: the

text: President

text: to

text: protect

text: him

text: from

text: being

text: harassed

text: by

text: vexatious

text: and

text: unnecessary

text: subpoenas

text: is

text: to

text: be

text: looked

text: for

text: in

text: the

text: conduct

text: of

text: a

text: district

text: court

text: after

text: those

text: subpoenas

text: have

text: issued

text: not

text: in

text: any

text: circumstance

text: which

text: is

text: to

text: precede

text: their

text: being

text: issued

text: United

text: States

text: v

text: Burr

text: F

text: Cas

text: at

text: Statements

text: that

text: meet

text: the

text: test

text: of

text: admissibility

text: and

text: relevance

text: must

text: be

text: isolated

text: all

text: other

text: material

text: must

text: be

text: excised

text: At

text: this

text: stage

text: the

text: District

text: Court

text: is

text: not

text: limited

text: to

text: representations

text: of

text: the

text: Special

text: Prosecutor

text: as

text: to

text: the

text: evidence

text: sought

text: by

text: the

text: subpoena

text: the

text: material

text: will

text: be

text: available

text: to

text: the

text: District

text: Court

text: It

text: is

text: elementary

text: that

text: in

text: camera

text: inspection

text: of

text: evidence

text: is

text: always

text: a

text: procedure

text: calling

text: for

text: scrupulous

text: protection

text: against

text: any

text: release

text: or

text: publication

text: of

text: material

text: not

text: found

text: by

text: the

text: court

text: at

text: that

text: stage

text: probably

text: admissible

text: in

text: evidence

text: and

text: relevant

text: to

text: the

text: issues

text: of

text: the

text: trial

text: for

text: which

text: it

text: is

text: sought

text: That

text: being

text: true

text: of

text: an

text: ordinary

text: situation

text: it

text: is

text: obvious

text: that

text: the

text: District

text: Court

text: has

text: a

text: very

text: heavy

text: responsibility

text: to

text: see

text: to

text: it

text: that

text: Presidential

text: conversations

text: which

text: are

text: either

text: not

text: relevant

text: or

text: not

text: admissible

text: are

text: accorded

text: that

text: high

text: degree

text: of

text: respect

text: due

text: the

text: President

text: of

text: the

text: United

text: States

text: Mr

text: Chief

text: Justice

text: Marshall

text: sitting

text: as

text: a

text: trial

text: judge

text: in

text: the

text: Burr

text: case

text: supra

text: was

text: extraordinarily

text: careful

text: to

text: point

text: out

text: that

text: i

text: n

text: no

text: case

text: of

text: this

text: kind

text: would

text: a

text: court

text: be

text: required

text: to

text: proceed

text: against

text: the

text: president

text: as

text: against

text: an

text: ordinary

text: individual

text: F

text: Cas

text: at

text: Marshall

text: s

text: statement

text: cannot

text: be

text: read

text: to

text: mean

text: in

text: any

text: sense

text: that

text: a

text: President

text: is

text: above

text: the

text: law

text: but

text: relates

text: to

text: the

text: singularly

text: unique

text: role

text: under

text: Art

text: II

text: of

text: a

text: President

text: s

text: communications

text: and

text: activities

text: related

text: to

text: the

text: performance

text: of

text: duties

text: under

text: that

text: Article

text: Moreover

text: a

text: President

text: s

text: communications

text: and

text: activities

text: encompass

text: a

text: vastly

text: wider

text: range

text: of

text: sensitive

text: material

text: than

text: would

text: be

text: true

text: of

text: any

text: ordinary

text: individual

text: It

text: is

text: therefore

text: necessary

text: in

text: the

text: public

text: interest

text: to

text: afford

text: Presidential

text: confidentiality

text: the

text: greatest

text: protection

text: consistent

text: with

text: the

text: fair

text: administration

text: of

text: justice

text: The

text: need

text: for

text: confidentiality

text: even

text: as

text: to

text: idle

text: conversations

text: with

text: associates

text: in

text: which

text: casual

text: reference

text: might

text: be

text: made

text: concerning

text: political

text: leaders

text: within

text: the

text: country

text: or

text: foreign

text: statesmen

text: is

text: too

text: obvious

text: to

text: call

text: for

text: further

text: treatment

text: We

text: have

text: no

text: doubt

text: that

text: the

text: District

text: Judge

text: will

text: at

text: all

text: times

text: accord

text: to

text: Presidential

text: records

text: that

text: high

text: degree

text: of

text: deference

text: suggested

text: in

text: United

text: States

text: v

text: Burr

text: supra

text: and

text: will

text: discharge

text: his

text: responsibility

text: to

text: see

text: to

text: it

text: that

text: until

text: released

text: to

text: the

text: Special

text: Prosecutor

text: no

text: in

text: camera

text: material

text: is

text: revealed

text: to

text: anyone

text: This

text: burden

text: applies

text: with

text: even

text: greater

text: force

text: to

text: excised

text: material

text: once

text: the

text: decision

text: is

text: made

text: to

text: excise

text: the

text: material

text: is

text: restored

text: to

text: its

text: privileged

text: status

text: and

text: should

text: be

text: returned

text: under

text: seal

text: to

text: its

text: lawful

text: custodian

text: Since

text: this

text: matter

text: came

text: before

text: the

text: Court

text: during

text: the

text: pendency

text: of

text: a

text: criminal

text: prosecution

text: and

text: on

text: representations

text: that

text: time

text: is

text: of

text: the

text: essence

text: the

text: mandate

text: shall

text: issue

text: forthwith

text: Affirmed

text: MR

text: JUSTICE

text: REHNQUIST

text: took

text: no

text: part

text: in

text: the

text: consideration

text: or

text: decision

text: of

text: these

text: cases

text: NOTES

text: Together

text: with

text: No

text: Nixon

text: President

text: of

text: the

text: United

text: States

text: v

text: United

text: States

text: also

text: on

text: certiorari

text: before

text: judgment

text: to

text: the

text: same

text: court

text: Norman

text: Dorsen

text: and

text: Melvin

text: L

text: Wulf

text: filed

text: a

text: brief

text: for

text: the

text: American

text: Civil

text: Liberties

text: Union

text: as

text: amicus

text: curiae

text: urging

text: affirmance

text: of

text: the

text: District

text: Court

text: judgment

text: See

text: U

text: S

text: C

text: and

text: e

text: and

text: our

text: Rule

text: See

text: e

text: g

text: Youngstown

text: Sheet

text: Tube

text: Co

text: v

text: Sawyer

text: U

text: S

text: United

text: States

text: v

text: United

text: Mine

text: Workers

text: U

text: S

text: Carter

text: v

text: Carter

text: Coal

text: Co

text: U

text: S

text: Rickert

text: Rice

text: Mills

text: v

text: Fontenot

text: U

text: S

text: Railroad

text: Retirement

text: Board

text: v

text: Alton

text: R

text: Co

text: U

text: S

text: Norman

text: v

text: Baltimore

text: Ohio

text: R

text: Co

text: U

text: S

text: The

text: cross

text: petition

text: in

text: No

text: raised

text: the

text: issue

text: whether

text: the

text: grand

text: jury

text: acted

text: within

text: its

text: authority

text: in

text: naming

text: the

text: President

text: as

text: an

text: unindicted

text: coconspirator

text: Since

text: we

text: find

text: resolution

text: of

text: this

text: issue

text: unnecessary

text: to

text: resolution

text: of

text: the

text: question

text: whether

text: the

text: claim

text: of

text: privilege

text: is

text: to

text: prevail

text: the

text: cross

text: petition

text: for

text: certiorari

text: is

text: dismissed

text: as

text: improvidently

text: granted

text: and

text: the

text: remainder

text: of

text: this

text: opinion

text: is

text: concerned

text: with

text: the

text: issues

text: raised

text: in

text: No

text: On

text: June

text: the

text: President

text: s

text: counsel

text: moved

text: for

text: disclosure

text: and

text: transmittal

text: to

text: this

text: Court

text: of

text: all

text: evidence

text: presented

text: to

text: the

text: grand

text: jury

text: relating

text: to

text: its

text: action

text: in

text: naming

text: the

text: President

text: as

text: an

text: unindicted

text: coconspirator

text: Action

text: on

text: this

text: motion

text: was

text: deferred

text: pending

text: oral

text: argument

text: of

text: the

text: case

text: and

text: is

text: now

text: denied

text: The

text: seven

text: defendants

text: were

text: John

text: N

text: Mitchell

text: H

text: R

text: Haldeman

text: John

text: D

text: Ehrlichman

text: Charles

text: W

text: Colson

text: Robert

text: C

text: Mardian

text: Kenneth

text: W

text: Parkinson

text: and

text: Gordon

text: Strachan

text: Each

text: had

text: occupied

text: either

text: a

text: position

text: of

text: responsibility

text: on

text: the

text: White

text: House

text: staff

text: or

text: a

text: position

text: with

text: the

text: Committee

text: for

text: the

text: Re

text: election

text: of

text: the

text: President

text: Colson

text: entered

text: a

text: guilty

text: plea

text: on

text: another

text: charge

text: and

text: is

text: no

text: longer

text: a

text: defendant

text: The

text: President

text: entered

text: a

text: special

text: appearance

text: in

text: the

text: District

text: Court

text: on

text: June

text: and

text: requested

text: that

text: court

text: to

text: lift

text: its

text: protective

text: order

text: regarding

text: the

text: naming

text: of

text: certain

text: individuals

text: as

text: coconspirators

text: and

text: to

text: any

text: additional

text: extent

text: deemed

text: appropriate

text: by

text: the

text: Court

text: This

text: motion

text: of

text: the

text: President

text: was

text: based

text: on

text: the

text: ground

text: that

text: the

text: disclosures

text: to

text: the

text: news

text: media

text: made

text: the

text: reasons

text: for

text: continuance

text: of

text: the

text: protective

text: order

text: no

text: longer

text: meaningful

text: On

text: June

text: the

text: District

text: Court

text: removed

text: its

text: protective

text: order

text: and

text: on

text: June

text: counsel

text: for

text: both

text: parties

text: jointly

text: moved

text: this

text: Court

text: to

text: unseal

text: those

text: parts

text: of

text: the

text: record

text: which

text: related

text: to

text: the

text: action

text: of

text: the

text: grand

text: jury

text: regarding

text: the

text: President

text: After

text: receiving

text: a

text: statement

text: in

text: opposition

text: from

text: the

text: defendants

text: this

text: Court

text: denied

text: that

text: motion

text: on

text: June

text: except

text: for

text: the

text: grand

text: jury

text: s

text: immediate

text: finding

text: relating

text: to

text: the

text: status

text: of

text: the

text: President

text: as

text: an

text: unindicted

text: coconspirator

text: U

text: S

text: The

text: specific

text: meetings

text: and

text: conversations

text: are

text: enumerated

text: in

text: a

text: schedule

text: attached

text: to

text: the

text: subpoena

text: App

text: a

text: a

text: At

text: the

text: joint

text: suggestion

text: of

text: the

text: Special

text: Prosecutor

text: and

text: counsel

text: for

text: the

text: President

text: and

text: with

text: the

text: approval

text: of

text: counsel

text: for

text: the

text: defendants

text: further

text: proceedings

text: in

text: the

text: District

text: Court

text: were

text: held

text: in

text: camera

text: The

text: parties

text: have

text: suggested

text: that

text: this

text: Court

text: has

text: jurisdiction

text: on

text: other

text: grounds

text: In

text: view

text: of

text: our

text: conclusion

text: that

text: there

text: is

text: jurisdiction

text: under

text: U

text: S

text: C

text: because

text: the

text: District

text: Court

text: s

text: order

text: was

text: appealable

text: we

text: need

text: not

text: decide

text: whether

text: other

text: jurisdictional

text: vehicles

text: are

text: available

text: The

text: regulation

text: issued

text: by

text: the

text: Attorney

text: General

text: pursuant

text: to

text: his

text: statutory

text: authority

text: vests

text: in

text: the

text: Special

text: Prosecutor

text: plenary

text: authority

text: to

text: control

text: the

text: course

text: of

text: investigations

text: and

text: litigation

text: related

text: to

text: all

text: offenses

text: arising

text: out

text: of

text: the

text: Presidential

text: Election

text: for

text: which

text: the

text: Special

text: Prosecutor

text: deems

text: it

text: necessary

text: and

text: appropriate

text: to

text: assume

text: responsibility

text: allegations

text: involving

text: the

text: President

text: members

text: of

text: the

text: White

text: House

text: staff

text: or

text: Presidential

text: appointees

text: and

text: any

text: other

text: matters

text: which

text: he

text: consents

text: to

text: have

text: assigned

text: to

text: him

text: by

text: the

text: Attorney

text: General

text: Fed

text: Reg

text: as

text: amended

text: by

text: Fed

text: Reg

text: In

text: particular

text: the

text: Special

text: Prosecutor

text: was

text: given

text: full

text: authority

text: inter

text: alia

text: to

text: contest

text: the

text: assertion

text: of

text: Executive

text: Privilege

text: and

text: handl

text: e

text: all

text: aspects

text: of

text: any

text: cases

text: within

text: his

text: jurisdiction

text: Id

text: at

text: The

text: regulation

text: then

text: goes

text: on

text: to

text: provide

text: In

text: exercising

text: this

text: authority

text: the

text: Special

text: Prosecutor

text: will

text: have

text: the

text: greatest

text: degree

text: of

text: independence

text: that

text: is

text: consistent

text: with

text: the

text: Attorney

text: General

text: s

text: statutory

text: accountability

text: for

text: all

text: matters

text: falling

text: within

text: the

text: jurisdiction

text: of

text: the

text: Department

text: of

text: Justice

text: The

text: Attorney

text: General

text: will

text: not

text: countermand

text: or

text: interfere

text: with

text: the

text: Special

text: Prosecutor

text: s

text: decisions

text: or

text: actions

text: The

text: Special

text: Prosecutor

text: will

text: determine

text: whether

text: and

text: to

text: what

text: extent

text: he

text: will

text: inform

text: or

text: consult

text: with

text: the

text: Attorney

text: General

text: about

text: the

text: conduct

text: of

text: his

text: duties

text: and

text: responsibilities

text: In

text: accordance

text: with

text: assurances

text: given

text: by

text: the

text: President

text: to

text: the

text: Attorney

text: General

text: that

text: the

text: President

text: will

text: not

text: exercise

text: his

text: Constitutional

text: powers

text: to

text: effect

text: the

text: discharge

text: of

text: the

text: Special

text: Prosecutor

text: or

text: to

text: limit

text: the

text: independence

text: that

text: he

text: is

text: hereby

text: given

text: the

text: Special

text: Prosecutor

text: will

text: not

text: be

text: removed

text: from

text: his

text: duties

text: except

text: for

text: extraordinary

text: improprieties

text: on

text: his

text: part

text: and

text: without

text: the

text: President

text: s

text: first

text: consulting

text: the

text: Majority

text: and

text: the

text: Minority

text: Leaders

text: and

text: Chairmen

text: and

text: ranking

text: Minority

text: Members

text: of

text: the

text: Judiciary

text: Committees

text: of

text: the

text: Senate

text: and

text: House

text: of

text: Representatives

text: and

text: ascertaining

text: that

text: their

text: consensus

text: is

text: in

text: accord

text: with

text: his

text: proposed

text: action

text: That

text: this

text: was

text: the

text: understanding

text: of

text: Acting

text: Attorney

text: General

text: Robert

text: Bork

text: the

text: author

text: of

text: the

text: regulation

text: establishing

text: the

text: independence

text: of

text: the

text: Special

text: Prosecutor

text: is

text: shown

text: by

text: his

text: testimony

text: before

text: the

text: Senate

text: Judiciary

text: Committee

text: Although

text: it

text: is

text: anticipated

text: that

text: Mr

text: Jaworski

text: will

text: receive

text: cooperation

text: from

text: the

text: White

text: House

text: in

text: getting

text: any

text: evidence

text: he

text: feels

text: he

text: needs

text: to

text: conduct

text: investigations

text: and

text: prosecutions

text: it

text: is

text: clear

text: and

text: understood

text: on

text: all

text: sides

text: that

text: he

text: has

text: the

text: power

text: to

text: use

text: judicial

text: processes

text: to

text: pursue

text: evidence

text: if

text: disagreement

text: should

text: develop

text: Hearings

text: on

text: the

text: Special

text: Prosecutor

text: before

text: the

text: Senate

text: Committee

text: on

text: the

text: Judiciary

text: d

text: Cong

text: st

text: Sess

text: pt

text: p

text: Acting

text: Attorney

text: General

text: Bork

text: gave

text: similar

text: assurances

text: to

text: the

text: House

text: Subcommittee

text: on

text: Criminal

text: Justice

text: Hearings

text: on

text: H

text: J

text: Res

text: and

text: H

text: R

text: before

text: the

text: Subcommittee

text: on

text: Criminal

text: Justice

text: of

text: the

text: House

text: Committee

text: on

text: the

text: Judiciary

text: d

text: Cong

text: st

text: Sess

text: At

text: his

text: confirmation

text: hearings

text: Attorney

text: General

text: William

text: Saxbe

text: testified

text: that

text: he

text: shared

text: Acting

text: Attorney

text: General

text: Bork

text: s

text: views

text: concerning

text: the

text: Special

text: Prosecutor

text: s

text: authority

text: to

text: test

text: any

text: claim

text: of

text: executive

text: privilege

text: in

text: the

text: courts

text: Hearings

text: on

text: the

text: Nomination

text: of

text: William

text: B

text: Saxbe

text: to

text: be

text: Attorney

text: General

text: before

text: the

text: Senate

text: Committee

text: on

text: the

text: Judiciary

text: d

text: Cong

text: st

text: Sess

text: At

text: his

text: confirmation

text: hearings

text: Attorney

text: General

text: William

text: Saxbe

text: testified

text: that

text: he

text: agreed

text: with

text: the

text: regulation

text: adopted

text: by

text: Acting

text: Attorney

text: General

text: Bork

text: and

text: would

text: not

text: remove

text: the

text: Special

text: Prosecutor

text: except

text: for

text: gross

text: impropriety

text: Id

text: at

text: There

text: is

text: no

text: contention

text: here

text: that

text: the

text: Special

text: Prosecutor

text: is

text: guilty

text: of

text: any

text: such

text: impropriety

text: The

text: Court

text: quoted

text: a

text: statement

text: of

text: a

text: member

text: of

text: the

text: advisory

text: committee

text: that

text: the

text: purpose

text: of

text: the

text: Rule

text: was

text: to

text: bring

text: documents

text: into

text: court

text: in

text: advance

text: of

text: the

text: time

text: that

text: they

text: are

text: offered

text: in

text: evidence

text: so

text: that

text: they

text: may

text: then

text: be

text: inspected

text: in

text: advance

text: for

text: the

text: purpose

text: of

text: enabling

text: the

text: party

text: to

text: see

text: whether

text: he

text: can

text: use

text: them

text: or

text: whether

text: he

text: wants

text: to

text: use

text: them

text: U

text: S

text: at

text: n

text: The

text: Manual

text: for

text: Complex

text: and

text: Multidistrict

text: Litigation

text: published

text: by

text: the

text: Federal

text: Judicial

text: Center

text: recommends

text: that

text: use

text: of

text: Rule

text: c

text: be

text: encouraged

text: in

text: complex

text: criminal

text: cases

text: in

text: order

text: that

text: each

text: party

text: may

text: be

text: compelled

text: to

text: produce

text: its

text: documentary

text: evidence

text: well

text: in

text: advance

text: of

text: trial

text: and

text: in

text: advance

text: of

text: the

text: time

text: it

text: is

text: to

text: be

text: offered

text: P

text: The

text: District

text: Court

text: found

text: here

text: that

text: it

text: was

text: faced

text: with

text: the

text: more

text: unusual

text: situation

text: where

text: the

text: subpoena

text: rather

text: than

text: being

text: directed

text: to

text: the

text: government

text: by

text: defendants

text: issues

text: to

text: what

text: as

text: a

text: practical

text: matter

text: is

text: a

text: third

text: party

text: United

text: States

text: v

text: Mitchell

text: F

text: Supp

text: DC

text: The

text: Special

text: Prosecutor

text: suggests

text: that

text: the

text: evidentiary

text: requirement

text: of

text: Bowman

text: Dairy

text: Co

text: and

text: Iozia

text: does

text: not

text: apply

text: in

text: its

text: full

text: vigor

text: when

text: the

text: subpoena

text: duces

text: tecum

text: is

text: issued

text: to

text: third

text: parties

text: rather

text: than

text: to

text: government

text: prosecutors

text: Brief

text: for

text: United

text: States

text: We

text: need

text: not

text: decide

text: whether

text: a

text: lower

text: standard

text: exists

text: because

text: we

text: are

text: satisfied

text: that

text: the

text: relevance

text: and

text: evidentiary

text: nature

text: of

text: the

text: subpoenaed

text: tapes

text: were

text: sufficiently

text: shown

text: as

text: a

text: preliminary

text: matter

text: to

text: warrant

text: the

text: District

text: Court

text: s

text: refusal

text: to

text: quash

text: the

text: subpoena

text: Such

text: statements

text: are

text: declarations

text: by

text: a

text: party

text: defendant

text: that

text: would

text: surmount

text: all

text: objections

text: based

text: on

text: the

text: hearsay

text: rule

text: and

text: at

text: least

text: as

text: to

text: the

text: declarant

text: himself

text: would

text: be

text: admissible

text: for

text: whatever

text: inferences

text: might

text: be

text: reasonably

text: drawn

text: United

text: States

text: v

text: Matlock

text: U

text: S

text: On

text: Lee

text: v

text: United

text: States

text: U

text: S

text: See

text: also

text: C

text: McCormick

text: Evidence

text: pp

text: d

text: ed

text: As

text: a

text: preliminary

text: matter

text: there

text: must

text: be

text: substantial

text: independent

text: evidence

text: of

text: the

text: conspiracy

text: at

text: least

text: enough

text: to

text: take

text: the

text: question

text: to

text: the

text: jury

text: United

text: States

text: v

text: Vaught

text: F

text: d

text: CA

text: United

text: States

text: v

text: Hoffa

text: F

text: d

text: CA

text: aff

text: d

text: on

text: other

text: grounds

text: U

text: S

text: United

text: States

text: v

text: Santos

text: F

text: d

text: CA

text: cert

text: denied

text: U

text: S

text: United

text: States

text: v

text: Morton

text: F

text: d

text: CA

text: United

text: States

text: v

text: Spanos

text: F

text: d

text: CA

text: Carbo

text: v

text: United

text: States

text: F

text: d

text: CA

text: cert

text: denied

text: U

text: S

text: Whether

text: the

text: standard

text: has

text: been

text: satisfied

text: is

text: a

text: question

text: of

text: admissibility

text: of

text: evidence

text: to

text: be

text: decided

text: by

text: the

text: trial

text: judge

text: There

text: is

text: nothing

text: novel

text: about

text: governmental

text: confidentiality

text: The

text: meetings

text: of

text: the

text: Constitutional

text: Convention

text: in

text: were

text: conducted

text: in

text: complete

text: privacy

text: M

text: Farrand

text: The

text: Records

text: of

text: the

text: Federal

text: Convention

text: of

text: pp

text: xi

text: xxv

text: Moreover

text: all

text: records

text: of

text: those

text: meetings

text: were

text: sealed

text: for

text: more

text: than

text: years

text: after

text: the

text: Convention

text: See

text: Stat

text: th

text: Cong

text: st

text: Sess

text: Res

text: Most

text: of

text: the

text: Framers

text: acknowledged

text: that

text: without

text: secrecy

text: no

text: constitution

text: of

text: the

text: kind

text: that

text: was

text: developed

text: could

text: have

text: been

text: written

text: C

text: Warren

text: The

text: Making

text: of

text: the

text: Constitution

text: The

text: Special

text: Prosecutor

text: argues

text: that

text: there

text: is

text: no

text: provision

text: in

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text: Special

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text: President

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