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The needs of the judicial process outweigh Presidential privilege.
The separation of powers necessitates that judicial power cannot be shared with the executive branch, and vice versa.
It would impede the judicial systems ability to handle criminal prosecutions of the Executive Branch.
It would upset the balance of powers between the legislative, judicial, and executive branches while impeding the important role of the court system.
Executive privilege is not more important than justice and constitutionality.
This does not inherently apply to issues of military, diplomacy, or national security.
Nixon does not assert that any of these conditions apply to the disclosure of his tapes.
The Presidents need for confidential communication does not automatically give him executive privilege in all cases.
The President does have certain enumerated powers under the U.S. Constitution.
This does not inherently grant the President immunity all types of judicial review.
If an issue is a matter of broad claims of public interest, executive privilege is not guaranteed.
He is allowed confidentiality in his conversations, as are all citizens.
The United States court system necessitates that all facts in a case are relevant and necessary for a fair trial.
The integrity of the justice system depends on the full disclosure of facts.
It is the courts duty to carry out due process of law and all evidence is necessary to adequately fulfill this duty.
It is the duty of the court, not the President to decide the law.
There is no official definition of judicial power as it relates to the enforcement of a Presidential subpoena.
There are precedents that have been regarded as unconstitutional that pertain to the Executive Branch of the government, like the ruling in Powell v. McCormack.
Executive privilege is not explicitly mentioned in the Constitution, it is only inferred based on what is stated regarding Presidential duties.