Scene II. Washington, D.C. a Courtroom.

[Enter Judge Sirrica, a Jury, John Dean, H.R. Haldeman, John Ehrlichman, Leon Jaworski, divers lawyers, clerks, Bailiffs, and officers of the Court, Spectators, and Members of the Press.]
1st Bailiff. Order in the Court! The Honorable Judge Sirrica, presiding!
Sirrica. And what case is now before us?
2nd Bailiff. The Watergate defendants, your honor.
Sirrica. You three, Dean, Haldeman, and Ehrlichman,
charged you’ve been, with conspiracy to a 5
felony, the obstruction of justice,
misuse of campaign funds, violations
of civil codes and personal liberties.
Tried you’ve been both fair and square before this
Jury of your peers. How find you these men? 10
1st Juror. Guilty, as charged.
Sirrica. You have been found guilty and sentenced you
shall be in three weeks time, though the lowly
sentence of the law shall be naught compared
with the sentence decreed in heaven against 15
those who have no moral or ethical
values. This jury is dismissed.
[Exeunt Jury, Dean, Haldeman, Ehrlichman, lawyers, and Spectators.]
1st Reporter.‘Twas not very dramatic.
2nd Reporter.Aye, a bit of an anticlimax.
3rd Reporter.But one well deserved, for they were guilty, no doubt. 20
2nd Reporter.How can our critics say that we were wrong
in digging deep into our government
secrets? For has it not now been proven
that we were right? If we hadn’t probed and
investigated, God alone knows what 25
those three would have done.
[Enter James St. Clair, lawyer to Richard.]
Sirrica. Let’s have some order here. What case is next?
Jaworski. A civil suit, your honor.
Sirrica. Namely?
Jaworski. The United States versus Richard M. Nixon. 30
Sirrica. And what’s the problem?
Jaworski. Mr. Nixon, a citizen, has in
his possession a number of short tape
recordings which contain evidence for
the trials of the three just convicted, 35
but on different counts, and many others
that await prosecution.
Sirrica. And what do you want?
Jaworski. As Special Prosecutor I was given
the Powers of Subpoena. My subpoenas 40
to the President, and those of my
predecessor, have only been partially
fulfilled, and only with insignificant
documents and tapes, while a vast number
of tapes of great importance are withheld. 45
I wish for you to set a final date
for the delivery of these tapes to my office.
St. Clair. I object!
Sirrica. And who are you?
St. Clair. St. Clair, lawyer for the President. 50
I object. The President, through long
tradition, has the right to keep his
personal effects from being examined.
It is called the “executive privilege,”
first used by Thomas Jefferson. My client 55
pleads that Mr. Jaworski has no right
to claim these tapes for use at trial.
Sirrica. And what are your clients reasons?
St. Clair. They are four fold. A., the long standing
executive privilege, for one. B., 60
the tapes contain much irrelevant
material, which, if released, would name
not only individuals, but their
privet confidences with the President.
This would hinder the policies of top 65
secret national security. C.,
if Mr. Jaworski is looking for
something on those tapes with which to prosecute
the President, he won’t find anything,
so his quest is fruitless. And D., which is 70
most likely of greatest importance,
should the President be forced to hand over
these tapes, he would submit to the Judicial
Branch a Power which rightly belongs to
the Executive. If this should happen 75
the balance of power, so finely
adjusted in our Constitution, will be
invariably and irreconcilably
altered, to the harm of us all.
Sirrica. And why do you need the tapes? 80
Jaworski. For the administration of Justice,
under the Constitution. ‘Tis that simple.
Sirrica. Could you strike a compromise?
St. Clair. It’s already been done. Transcripts of all
the tapes have been published. A fifth reason 85
for ignoring the subpoenas. It’s all
been made public, all the conversations
desired by Mr. Jaworski, with all
irrelevant security matters
deleted. All that you ask for is in print. 90
Jaworski. Oh, bull!
Sirrica. Order in the Court!
Jaworski. I mean, I object! Who edited these
transcripts? The President’s own staff I’m told.
Am I a fool? No, sir, I’m not naïve! 95
That is no compromise. That’s his defense!
How do I know those transcripts are correct?
By trusting you? Never! Turn them over,
St. Clair. Let Judge Sirrica delete
irrelevant data, not the President’s 100
secretary. Let the Courts decide!
Sirrica. A fair compromise. In one week deliver
me the tapes.
St. Clair. No! Who are you, a mere District Court Judge!
My client will appeal! He’ll take this to 105
the Supreme Court. Those wise, fair Justices
must now decide this case in our favor.
Sirrica. So be it. ‘Tis no more in my hands.
[Exeunt.]