Although the term executive privilege was coined by the administration of Pres. 418 U.S. 683 (1974) In a unanimous decision, the Court ruled in favor of the United States and against President Nixon. Chief Justice Burger, wrote the opinion for the Court, which concluded that presidents do enjoy a constitutionally protected executive privilege, but that the privilege was not absolute. Nixon asserted that he was immune from the subpoena claiming "executive privilege," which is the right to withhold information from other government branches to preserve confidential communications within the executive branch or to secure the national interest.

Following is the case brief for United States v. Nixon, United States Supreme Court, (1974) President Nixon was served a subpoena duces tecum after white house staff members were charged with conspiracy. Executive privilege, principle in the United States, derived from common law, that provides immunity from subpoena to executive branch officials in the conduct of their governmental duties.. Evolution of the principle of executive privilege. Nixon claimed his presidential privilege shielded him from produced the requested tapes and documents. Decided together with Nixon v. United States. United States v. Nixon.

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