Executive Privilege in the United States - Essay Example

Executive Privilege in the United s Introduction The Watergate scandal is considered as one of the worst political scandals to be ever experienced in the United States. The scandal involved electronic buffing of the democratic bugging of the National Committee headquarters which was located in the Watergate apartment an office which was located in Washington D.C. However, the term ‘Watergate’ was later applied to other several related scandals and it led to the resignation of the president Richard M, Nixon. The scandal became popular because of the presidential executive powers which were used during the scandal hence attacking democracy and hindering the process of free and fair elections within the country. Many officials were implicated in the scandal as they used different government agencies to harm other political opponents who were also planning to contest for the presidential seat and many were also convicted by a jury or pleaded guilty to the scandal (Garvey& Alissa 2). This paper will discuss Nixon’s misuse of executive privilege during the Watergate scandal and the following lawsuits which were involved. Likewise, it will discuss major debates about the use of executive privilege and the exact meanings which have been adopted towards the issue of executive privilege. Why Watergate Was the Most Talked About and Important Scandal President Nixon’s Watergate scandal was not the first and neither can it be considered the last scandals in the history of the nations, but what marvels us about the scandal was the impact it had on the country. More specifically, what made the scandal interesting was the major cover up given to the scandal after it was perpetrated. This symbolized a corruption which was beyond the president himself and involved the use of executive powers by various officials in different offices who abused power for various reasons and the attempt played by the president in trying to cover up for the scandal and be the dominant candidate over the congress. However, the evidence which was collected by various authorities placed Nixon in a very tight place. The connection between the burglar and his administration was found to be something much serious in nature as they were hired by the many administrators who were in President Nixon’s administration to perpetrate the crime. The result of this led to the resignation of many officials who were serving at the administration and eventually into the resignation of the president on August 9, 1974. Likewise, the scandal led to the conviction and detention of many officials from the president’s administration (Garvey & Alissa 8). Individuals Involved According to “All the Presidents Men” (1976), the involved individuals who were arrested by the officials were five men identified as Bernard Barker, Virgillio Gonzalez, Eugenio Martinez, James McCord and Frank Sturgis. They committed the crime of burglary and interception of telephones. Other than these five men arrested and charged, Nixon’s officials were also arrested and charged for the espionage. The man behind the crime committed by the five men was one of Nixon’s administrators known as Howard Hunt who was a consultant for the white house. His name and phone number was discovered in the two of the five men arrested. However, the president was implicated when he tried to use his executive powers in trying the cover up the offence. These deeds of misuse of the executive power were brought to the public’s attention by a whistle blower referred to as ‘Deep throat’. In addition, several testimonies were brought forward, the money collected from the present’s campaign being used to sponsor the burglars’ different activities and of Nixon tapping conversations made by different political rivals for reasons of blackmail at a latter date. This resulted to abuse of power and an obstruction of justice something which the United States considers itself to be free from for decades now. Personnel and Tactics Used For the Watergate Scandal Different tactics and personnel were used to conduct the Watergate scandal and later led to a negative attitude towards some techniques and equipments which are critical to the protection of the country’s citizens. They included use of electronic surveillance to render useless the civil liberties of citizens and various politicians. Nixon’s administration used large amounts of their campaigns donations to perpetrate different acts and control various bodies. Likewise, his administration was using the presidential executive powers to control and run some government bodies like the federal bureau of investigations, the internal revenue service and the central intelligence agency in ways which were not accepted by the constitution hence resulting to the exploitation of bureaucracy due to the executive privileges. The techniques which Nixon’s administration used included some techniques which had been adopted by the government to ensure that national security was maintained between the periods of 1969 and 1971. Such instances like wiretapping of the different government offices calls and newspaper agencies had been approved by the president in an attempt to solve terrorism and other issues which were affecting the citizens directly, but failed in meaning when they were used by the administration for the purposes of beating their political opponents. This was because some technique like wiretapping of phone conversation were not related to security matters rather were aimed at finding the weaknesses of political opponents going contrary to the intended aim for the intelligence operations. Various scandals committed like the Watergate were created by the president using his executive powers to find damaging information about his opponents as long they served the presidents purposes and commands not considering whether they were legal or not. A good example was when the president instructed an official known as Haldeman to prevent the FBI from conducting an investigation concerning the sources of money which were used by his various committees for wiretapping purposes. Major Debates about the Use of Executive Privilege Executive privilege results when powers are separated in a government. The issues of executive privilege however arises when the executive body or those considered to be on top of the government denies to share information with other branches of the government. In most cases the issue always occurs between the executive branch that is the president and his administration and the congress. However, the judiciary always takes the position of the arbitrating party in such instances (Stephen 31). The debates surrounding the abuse of executive privilege by President Nixon is traced back to his duration of period when in power. His actions and behavior while sitting at the presidential office pointed to the possibility that there were no limits to his executive powers. He changed powers from different bodies to his including the election of the cabinet which required Senate’s approval hence failing to consider the due process of law and the Watergate scandal was just but one of the occasions where he overused his executive privileges towards his political critics who opposed his policies and the manner of leadership in the country. Over time, various debates regarding the use of executive privilege have cropped and to discuss but a few are United States v. Nixon in which the Supreme Court addressed the use of executive powers by the president. I n this lawsuit, executive powers of the present was limited because through the Supreme Court, the state argued that executive privileges had its limits and was not considered as being an institution which was to be considered as above the laws of the country. In spite of the court agreeing that it had acknowledged the essence of executive powers, it however pointed out on using executive powers for the purposes subjecting institutions and officials to perpetrate offences which were against the law hence executive powers were not to be taken as a constitutional privilege used in escaping the law of committing crimes. Through the law suit, the executive powers were acknowledged to be applicable by the president in such matters where the public ‘s safety or wellbeing was concerned through such ways like formulating policies and making decision which would be effective but opposed by many in private manner. Likewise, the lawsuit also pointed out to executive privileges role’s in trying to conceal crucial information and was required for due process of the law pointing out that it was not part of the executive privilege to conceal information which would impede the fair administration of criminal justice. In fact, it stated that in cases where individuals used executive privilege for the purposes then it was to be considered as an offense ((Encyclopedia of the American Constitution 1708). In the lawsuit, Nixon v. administrator of general services, Nixon was also tried for using executive powers to prevent the judiciary from using accessing materials which considered crucial for the scandal perpetrated by his administration. This further pointed out to the limits of the executive privilege citing that it was not to be used for cases in which justice would be impeded for any reasons when such kinds of information was required by the judiciary. Nixon being the sitting president was considered as the most powerful office in the civil servants therefore using his office and privileges to disrupt the processes of justice. The lawsuit was aimed at reducing his powers when it came to such things like using his office to conceal critical information which would either positively or negatively affect trial. Therefore, the lawsuit gave congress powers to pass an act directing the arrest and confiscation of various materials which are protected due to the powers and privileges given to executives. Moreover, the new powers given to the congress were considered to not have breached the principle of separation of powers therefore reducing the powers and privileges of executives while also not violating privileges and privacy of a sitting president (Encyclopedia of the American Constitution 1324). In the lawsuit of Nixon v. Fitzgerald, 457 U.S. 731 (1982), in which the president pointed out to his executive privileges that he was entitled to absolute immunity from actions which arose because his act. This lawsuit also addressed the misuse of executive privilege as the powers allowed a president to be above the law and could perpetrate any crime without answering to any body or organ of the government. The executive privilege awarded to the president here was very dangerous as it meant that no matter the nature of offense committed by the sitting president, he could not held accountable for his actions as he was considered to be above the law therefore above all other organs of the government. However, the lawsuit further supported this as it considered that the president was entitled to immunity for his civil damages committed in the course of conducting his presidential duties ((Encyclopedia of the American Constitution 2050). Conclusion In conclusion, executive privilege in the United States for sitting presidents is important when the security of the country and citizens it to be insured. However, the extent to which the executive privilege is used should be controlled because when not, it has the potential of corrupting officials like President Nixon who was awarded the powers and privileges. However, the process of controlling executive powers may prove to be a difficult task especially for those who are not in power. This creates the needs for every person or citizen of the country to be vigilant on their civil liberties to prevent the officials from using executive powers and privileges to suppress some of their rights or as tools for committing offences in the society. Likewise, the Watergate scandal is also important as it shows the importance of maintaining such things like constitutional safeguards within a country which practices democracy. This has made the country a better place today because various mechanism have been put in place to ensure against abuse of powers by those sitting at the executive office of the country in different branches of the government. In addition, through the Watergate scandal, importance of the rule of law is also brought into the limelight therefore making the principles surrounding any rule of law to operate impartially for the welfare of citizens living within the country leading to the rule that no one in the country is above the law or should be considered as above the law. Works Cited All the Presidents Men. Perf. Dustin Hoffman, Robert Redford, Jack Warden. Warner Bros, 1976. DVD. Stephen, Lilley. "Suboptimal Executive Privilege." Report Information from ProQuest (2015): 1- 31. Web. 5 May 2015. Garvey, Todd, and Alissa Dolan. "Presidential Claims of Executive Privilege: History, Law, Practice, and Recent Developments." Congressional Research Service 7.-5700 (2012): 1- 39. Web. 5 May 2015. Encyclopedia of the American Constitution: 3/4. New York, NY [u.a.: Macmillan, 1990. Print Read More