704
Opinion of the Court
to the President. United States v. Burr, 25 F. Cas. 30 (No. 14,692d) (CC Va. 1807).38 We unequivocally and emphatically endorsed Marshall's position when we held that President Nixon was obligated to comply with a subpoena commanding him to produce certain tape recordings of his conversations with his aides. United States v. Nixon, 418 U. S. 683 (1974). As we explained, "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." Id., at 706.39
Sitting Presidents have responded to court orders to provide testimony and other information with sufficient frequency that such interactions between the Judicial and Executive Branches can scarcely be thought a novelty. President Monroe responded to written interrogatories, see Rotunda, Presidents and Ex-Presidents as Witnesses: A Brief Historical Footnote, 1975 U. Ill. L. Forum 1, 5-6, President Nixon— as noted above—produced tapes in response to a subpoena
38 After the decision was rendered, Jefferson expressed his distress in a letter to a prosecutor at the trial, noting that "[t]he Constitution enjoins [the President's] constant agency in the concerns of 6. millions of people." 10 Works of Thomas Jefferson 404, n. (P. Ford ed. 1905). He asked: "Is the law paramount to this, which calls on him on behalf of a single one?" Ibid.; see also Fitzgerald, 457 U. S., at 751-752, n. 31 (quoting Jefferson's comments at length). For Chief Justice Marshall, the answer—quite plainly—was yes.
39 Of course, it does not follow that a court may " 'proceed against the president as against an ordinary individual,' " United States v. Nixon, 418 U. S., at 715 (quoting United States v. Burr, 25 F. Cas. 187, 192 (No. 14,694) (CC Va. 1807)). Special caution is appropriate if the materials or testimony sought by the court relate to a President's official activities, with respect to which "[t]he interest in preserving confidentiality is weighty indeed and entitled to great respect." 418 U. S., at 712. We have made clear that in a criminal case the powerful interest in the "fair administration of criminal justice" requires that the evidence be given under appropriate circumstances lest the "very integrity of the judicial system" be eroded. Id., at 709, 711-712.
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