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US v Nixon Bief

or sensitive national security secrets. 3. The court stated: "We conclude that when the ground for asserting privilege as to subpoenaed materials sought for use in criminal trial is based only on the generalized interest in confidentiality, it cannot prevail over the fundamental demands of due process of law in the fair administration of justice. The generalized assertion of privilege must yield to the demonstrated, specific need for evidence in a pending criminal trial." Dissenting Or Concurring Opinions: Mr. Justice Rehnquist took no part in the consideration or decision of these cases. Comment:This decision was well thought out and was able to keep executive privilege intact while making sure that it was not overused. This put a clear limit on the uses of the president's privilege. It also made it clear that the court had the power to interpret claims on executive privilege....

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