In US v. Nixon (1974), what did the Court decide about executive privilege in criminal prosecutions?

• A. The President's executive privilege can shield all documents in criminal prosecutions.
• B. Executive privilege does not apply to documents relevant to criminal prosecutions.
• C. The President has universal immunity from any criminal process.
• D. The privilege applies in all cases, including criminal prosecutions.

Answer: (B)

Executive privilege in criminal prosecutions is not an absolute shield; it is a limited, qualified privilege that can yield when the government's need for evidence in a criminal investigation outweighs the desire to keep communications confidential. In US v. Nixon, the Court acknowledged that the President may claim a privilege over certain confidential presidential communications, but it ruled that this privilege cannot block a criminal investigation. The court held that when documents are sought in a criminal case, the judiciary can compel production after considering the importance of the information and the purposes of the investigation, even against a presidential claim of privilege. This led to an order for the President to turn over the relevant tapes, with in-camera review to determine if any portions were truly privileged.

So, the idea reflected in the correct choice is that the executive privilege does not provide a blanket veto for documents relevant to criminal prosecutions; the need for evidence in a criminal case can override the privilege. The decision also preserves a limited privilege for truly confidential presidential communications, but it does not allow that privilege to shield all materials in a criminal matter.