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But although it considered a president's communications with his close advisors to be
“presumptively privileged,” the Court (in US v Nixon) rejected the President's contention that the privilege was absolute, precluding judicial review whenever it is asserted. Also,
while acknowledging the need for confidentiality of high level communications in
the exercise of Article II powers, the Court stated that when the privilege depends
solely on the broad, undifferentiated claim of public interest in the confidentiality of
such communications,” a confrontation with other values arises.” It held that
“absent a need to protect military, diplomatic, or sensitive national security secrets,
we find it difficult to accept the argument that even the very important interest in
confidentiality of presidential communications is significantly diminished by
production of” materials that are essential to the enforcement of criminal statutes.