Enforcing Subpoenas against the President: The Question of Mr. Jaworski's Authority

Abstract

A grant of accelerated review has brought the new Watergate tapes controversy to the Supreme Court for decision this summer. The main dispute is over Special Prosecutor Jaworski's need for additional presidential tapes to prepare for Watergate-related trials and President Nixon's reliance on executive privilege in resisting a subpoena. But with the President's surprise attack on Mr. Jaworski's authority to sue the President, new and relatively unexplored issues have been raised. Two authorities, Professors Bickel and Bator, have exchanged conflicting views on the issue in the New York Times. Although providing a framework for discussion, these articles, we believe, indicate a need for a response and a fuller analysis than Op Ed columns allow.