Watergate Assignment

1. What were the three reasons that Nixon gave for refusing to turn over the White House tapes? President Nixon firstly argued that the courts lacked the power to compel production of the tapes. His second reason was that the dispute was between the president and the special prosecutor, making it purely an executive branch conflict. His last reason was that even if the Court were the proper branch to decide the scope of the privilege, the need for executive confidentiality justified the application of the privilege in this case. 2. What do these reasons illustrate about Nixon’s understanding of the division of power within the federal government? These reasons show that he believes that the president should be exempt from any trials in the judicial branch due to the higher power he holds. 3. How did Nixon’s argument illustrate his ideas about the power of the presidency? He believes that the power of the presidency is higher than anything else within the federal government. In other words, he believes he is above the law. This illustrates the idea of executive privilege. 4. What did Chief Justice Burger say about the origins of executive privilege? How does this origin justify his decision about Nixon releasing the tapes? Chief Justice Burger said that the executive privilege flows from the Constitution, and ultimately, the Court is the ending interpreter of that Constitution. This origin leads Burger to note that a president’s right to secrecy was different from that of an ordinary individual. Ultimately, Nixon's communications were to receive “the greatest protection consistent with the fair administration of justice”. 5. Explain Burger’s statement, “A President and those who assist him must be free to explore alternatives in a way many would be unwilling to express except privately.” How did the court interpret executive privilege? Burger’s statement reveals the idea that the president’s right to secrecy was different from that of an ordinary individual. The court seemed to have interpreted executive privilege as even more exclusive and having more rules applied than the privilege of a normal person. 6. Do you agree with this analysis that United States v. Nixon expanded the power of the presidency? Why or why not? Yes, I do agree with this statement. As noted in the US vs Nixon reading, the United States v Nixon case was the first time the Supreme Court acknowledged that an executive privilege exists. 7. Haldeman tells Nixon, “the FBI is not under control.” Why does the FBI need to be controlled? The FBI needs to be controlled because their investigation has lead to some productive areas, and they’ve been able to trace the money through the banker. 8. What is Nixon’s plan for dealing with the FBI’s investigation of the Watergate break-in? Nixon said that he wants Haldeman to lie, and draw attention to the Bay of Pigs incident. Focusing the public’s attention on the Bay of Pigs incident , takes away attention from the Watergate break in. 9. What does this excerpt imply about the relationship between the FBI and the CIA? This excerpt implies that the CIA and FBI are really different from each other. In the Smoking Gun transcript, Haldeman states that the FBI agents who are working on this case currently feel like a hold is needed. “This is CIA”, he states, after the first portion. 10. What does this tape reveal about Nixon’s view of his power as the president? Why is this tape called the “Smoking Gun” tape? It shows that Nixon believes that the president’s power allows him to be able to try and hide things under the rug. I believe this tape is called the “Smoking Gun” tape because of the dictionary definition of smoking gun, which means a piece of incontrovertible incriminating evidence.