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Topic: Executive privilege


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In the News (Sun 27 Dec 09)

  
  executive privilege - Encyclopedia.com
Claims of executive privilege are usually invoked to protect confidential military or diplomatic operations or to protect the private discussions and debates of the president with close aides.
Executive privilege in the Carter Administration: the "open" presidency and secrecy policy.
Executive privilege revived?: secrecy and conflict during the Bush presidency.
www.encyclopedia.com /doc/1E1-executiv-pr.html   (1159 words)

  
  Executive privilege - Wikipedia, the free encyclopedia
Executive privilege is a claim asserted by the President of the United States and other members of the executive branch to justify withholding of documents and information from other branches of government.
The concept of executive privilege is a legally murky one, since the Constitution does not mention it anywhere.
Nixon, the 1974 case involving the demand by Watergate special prosecutor Leon Jaworski that Richard Nixon produce the audiotapes of conversations in the Oval Office of the White House in connection with criminal charges being brought against members of the Nixon Administration.
en.wikipedia.org /wiki/Executive_privilege   (434 words)

  
 Executive Privilege (Right or Ruse)?
Executive privilege is the claim made by members of the executive branch of the U.S. government to immunity from congressional investigation and judicial procedures.
The Court characterized executive privilege as a "qualified privilege," that is, one that is enforced in limited cases depending on the circumstances.
In 1996, executive privilege was invoked as the basis for refusing to turn over 2,000 documents to the House Government Reform and Oversight Committee as part of the investigation of the Filegate scandal.
www.firstliberties.com /exec_privilege.html   (770 words)

  
 Online NewsHour: The Executive Privilege Debate -- March 24, 1998
Kathleen Sullivan, executive privilege is not in the Constitution.
It's longstanding practice--and it certainly was by memorandum within the Reagan administration--that executive privilege should only be asserted under--and these are the words of the memorandum--the most compelling of circumstances, when it relates, as Kathleen said, to national policy.
Well, the problem with the current assertion of executive privilege is one finds it very hard to trace the assertion or the need for the privilege to anything related to policy.
www.pbs.org /newshour/bb/white_house/jan-june98/executive_3-24.html   (2602 words)

  
 Executive privilege and the abuse of power
Considering executive privilege alone is inadequate, because it is embedded in the larger context of the balance of power between these two branches of government.
Drawing on the separation-of-power argument, the administration maintains that executive privilege insulates all of the president's staff who are not confirmed by the Senate from congressional efforts to force them to testify in public.
Granting her executive privilege turns the concept on its head by providing the president a political shield in his arsenal of weapons used to maintain his dominance of Congress.
foi.missouri.edu /execprivilege/executiveprivilege.html   (757 words)

  
 ASSERTION OF EXECUTIVE PRIVILEGE WITH RESPECT TO CLEMENCY DECISION
Executive privilege may properly be asserted in response to a congressional subpoena seeking documents and testimony concerning the deliberations in connection with President's decision to offer clemency to sixteen individuals.
Executive privilege may properly be asserted in response to a congressional subpoena seeking testimony by the Counsel to the President concerning the performance of official duties on the basis that the Counsel serves as an immediate adviser to the President and is therefore immune from compelled congressional testimony.
Executive privilege is assertable in response to a congressional subpoena seeking testimony by the Counsel to the President concerning the performance of official duties on the basis that the Counsel serves as an immediate adviser to the President and is therefore immune from compelled congressional testimony.
biotech.law.lsu.edu /blaw/olc/falnpotus.htm   (2099 words)

  
 BBC News | Clinton Scandal | Executive privilege explained
Executive privilege is a defence used by presidents to stop investigators from prying into conversations held inside the White House.
What is so dangerous about the use of executive privilege - and a key reason why Clinton avoided going all the way to the Supreme Court to defend it - are the overtones of the Watergate scandal and downfall of President Nixon.
The notion of Executive Privilege was defined in a 1974 Supreme Court ruling, United States v.
news.bbc.co.uk /2/hi/special_report/1998/clinton_scandal/106118.stm   (437 words)

  
 t r u t h o u t - ISSUES - BUSH Invokes Executive Privilege to Deny Subpoena
President Bush invoked executive privilege for the first time Thursday to keep Congress from seeing documents of prosecutors' decision-making in cases ranging from a decades-old Boston murder to the Clinton-era fund-raising probe.
Executive privilege is a doctrine recognized by the courts that ensures presidents can get candid advice in private without fear of its becoming public.
During the Reagan years, the privilege was cited as the reason the department did not tell Congress about some memos in a high-profile environmental case.
www.truthout.org /docs_01/12.14A.Exec.Priv.htm   (810 words)

  
 Executive privilege   (Site not responding. Last check: 2007-10-27)
Executive privilege is a claim asserted by the President of the United States and other members of the executive branch to justify withholding of documents and from other branches of government.
The concept of executive privilege is a murky one since the Constitution does not it anywhere.
Nixon the 1974 case involving the demand by Watergate special prosecutor Leon Jaworski that Richard Nixon produce the audiotapes of conversations in Oval Office of the White House in connection with criminal charges being against members of the Nixon Administration.
www.freeglossary.com /Executive_privilege   (571 words)

  
 USATODAY.com - Bush invokes privilege to keep documents secret   (Site not responding. Last check: 2007-10-27)
Executive privilege is a doctrine recognized by the courts that ensures presidents can get candid advice in private without fear of its becoming public.
The privilege, however, is best known for the unsuccessful attempts by former Presidents Nixon and Clinton to keep evidence secret during impeachment investigations.
During the Reagan years, the privilege was cited as the reason the department did not tell Congress about some memos in a high-profile environmental case.
usatoday.com /news/washington/dec01/2001-12-13-executive-privilege.htm   (725 words)

  
 Law.com - Leak of CIA Officer's Identity Tests Executive Privilege Issues
Executive privilege issues may be particularly salient in this case, because Wilson's work for the government was so closely tied to the administration's national security objectives.
Invoking executive privilege, even where there are legitimate reasons, is likely to be perceived as evasive and hurt the president's image.
Cooper -- who supports the administration's firm stance on privilege -- concedes that a desire to bring the investigation to a speedy conclusion is likely to outweigh all but the most compelling instances of executive privilege.
www.law.com /jsp/article.jsp?id=1065195514934   (1392 words)

  
 Court TV Legal Documents: Starr Appeals to Supreme Court on Executive Privilege
Whether, in light of Nixon, executive privilege asserted by Counsel for the Office of the President authorizes President Clinton to prevent White House officials from testifying before a federal grand jury investigating possible federal crimes committed in connection with a private federal civil case.
Executive privilege is, by its nature, a governmental privilege that stems from the President's powers under Article II.
In Nixon, the executive privilege for presidential communications – a privilege that is constitutionally based, historically rooted, and "fundamental to the operation of Government," 418 U.S. at 708 – was overcome by the need for relevant evidence in criminal proceedings.
www.courttv.com /archive/legaldocs/government/clintoncrisis/privilege.html   (3234 words)

  
 PROTECTIVE ASSERTION OF EXECUTIVE PRIVILEGE REGARDING WHITE HOUSE COUNSEL'S OFFICE DOCUMENTS
Executive privilege may properly be asserted with respect to the entire set of White House Counsel's Office documents currently being withheld from the Committee on Government Reform and Oversight of the House of Representatives, pending a final Presidential decision on the matter.
This would be a protective assertion of executive privilege designed to ensure the President's ability to make a final decision, after consultation with the Attorney General, as to which specific documents are deserving of a conclusive claim of executive privilege.
This would be a protective assertion of executive privilege designed to ensure your ability to make a final decision, after consultation with the Attorney General, as to which specific documents are deserving of a conclusive claim of executive privilege.
www.usdoj.gov /olc/whto.ag.htm   (283 words)

  
 Presidential Studies Quarterly: The Law: Executive Privilege: Definition and Standards of Application.@ HighBeam ...   (Site not responding. Last check: 2007-10-27)
Executive privilege is the right of the president and high-level executive branch officials to withhold information from those with compulsory power--Congress and the courts (and, therefore, ultimately the public).
Because it is nowhere mentioned in the Constitution and also due to the occasional abuses of that power, executive privilege is controversial.
Although few today question the constitutionality of executive privilege, there is considerable &bate about its proper scope and limits.
www.highbeam.com /library/doc0.asp?DOCID=1G1:58050792&refid=ip_encyclopedia_hf   (223 words)

  
 Mark J. Rozell, Executive Privilege Revived?: Secrecy and Conflict During the Bush Presidency, 52 Duke L. J. 403 (2003)   (Site not responding. Last check: 2007-10-27)
Executive privilege is controversial in part because some presidents have overreached in exercising this authority.
Furthermore, although Executive Order 12267 recognized that a former president has the right to claim executive privilege over his administration's papers, the archivist of the United States did not have to abide by his claim.
President Bush's efforts on executive privilege nonetheless were consistent with an overall administration strategy of attempting to tip the balance of federal governmental powers increasingly in favor of the executive branch.
www.law.duke.edu /journals/dlj/articles/dlj52p403.htm   (6584 words)

  
 The Executive Privilege Showdown - TIME
Generally speaking, executive privilege is the President's right to withhold certain information from Congress, the courts and most anyone else, even in the face of a subpoena.
Executive privilege usually applies to White House deliberations, on the theory that the President needs candid and confidential advice from his staff.
But the privilege also protects national security matters, especially when they involve military and foreign affairs, and has the very practical effect of allowing the Administration to keep things like the names of spies and informers and the progress of delicate negotiations secret.
www.time.com /time/nation/article/0,8599,1601450,00.html   (1004 words)

  
 Executive Privilege Letter to President Johnson   (Site not responding. Last check: 2007-10-27)
Washington, D.C. The use of the claim of "Executive privilege" to withhold Government information from the Congress and the public is an issue of importance to those who recognize the need for a fully informed electorate and for a Congress operating as a coequal branch of the Federal Government.
Executive privilege can be invoked only by the President and will not be used without specific Presidential approval.
As a result of President Kennedy’s clear statement, there was no longer a rash of "Executive privilege" claims to withhold information from the Congress and the public.
www.johnemossfoundation.org /foi/to_lbj.htm   (340 words)

  
 At the Court, Inflating the White House's Power (washingtonpost.com)
"Executive privilege" is the doctrine under which the president contends that he does not have to turn over, in judicial or other proceedings, evidence concerning his performance of his executive branch duties.
The history of the doctrine of executive privilege, coupled with the current administration's reputation for a lack of openness, casts this decision in a particularly ironic light.
Although the evolution of executive privilege is generally believed to have begun with President Dwight Eisenhower's 1954 dispute with a congressional committee investigating the Defense Department, most of the contextual evolution of executive privilege and executive powers occurred during the Nixon years, particularly in the Watergate era.
www.washingtonpost.com /wp-dyn/articles/A25004-2004Jul3.html   (1268 words)

  
 Executive privilege: A murky issue
Many experts on presidential privileges and constitutional authority say that if Clinton invoked executive privilege, a court probably would not back a claim that White House personnel and documents pertaining to the investigation should be shielded.
At the lowest level, executive privilege refers to the "deliberative process claim" by the president that unless his discussions with close aides are protected against disclosure, he won't get good, candid advice and it would impair his ability to perform his official duties.
The professors, among others, said the notion of executive privilege rests on the delicate balance of power among the three branches of government.
www.ardemgaz.com /prev/clinton/aflaw01.html   (1410 words)

  
 Things that are not in the U.S. Constitution - The U.S. Constitution Online - USConstitution.net
Nixon asserted that the Constitution granted him the absolute right of executive privilege, or the ability to withhold information from the press, the public, the Congress, and even the courts.
Executive Orders have two main functions: to modify how an executive branch department or agency does its job (rule change) or to modify existing law, if such authority has been granted to the President by Congress.
Executive orders are not mentioned by the Constitution, but they have been around a long, long time.
www.usconstitution.net /constnot.html   (3286 words)

  
 Executive Privilege Again
One reason for Bush's executive privilege claim, unprecedented in its sweep, is: Such decisions are never to be examined by Congress lest politics influence prosecutors' judgments.
At issue here is Congress's responsibility and authority to examine the misdeeds of the executive branch in a thorough manner — with an eye toward legislation to make criminal those policies evidently adopted by a regional division of our F.B.I. to subvert the law in the name of the law.
"Executive privilege" was restricted by the Supreme Court in the Nixon case and further circumscribed by the courts in Clinton's frantic attempts to place himself above the law.
truthinjustice.org /exec-priv.htm   (703 words)

  
 AEI - Short Publications   (Site not responding. Last check: 2007-10-27)
She had no occasion to pass on whether the memos were privileged on the grounds that they concern deliberative communications within the executive branch about law enforcement decisions because the Justice Department failed to make this argument.
Among the information that executive privilege has traditionally been thought to protect is internal deliberations about matters committed to the executive branch's discretion.
Executive branch officials making law enforcement decisions, however, need to be able to share information among themselves without fear that their discussions will become public.
www.aei.org /publications/filter.all,pubID.9850/pub_detail.asp   (890 words)

  
 Clinton Drops Executive Privilege Appeal - June 1, 1998
In dropping plans to appeal the executive privilege decision, the White House will argue that U.S. District Judge Norma Holloway Johnson in fact had ruled that the privilege exists in principle, even though she agreed with Starr's request that both Blumenthal and Lindsey must testify.
The sources said the leading scenario was to drop the appeal of executive privilege issues but pursue a more narrow appeal on grounds that some of the conversations at issue were protected by attorney-client privilege.
Starr won the executive privilege fight at the District Court level; Judge Johnson ruled that conversations between a president and top aides can be shielded by executive privilege but that in this case Starr's investigatory need for the information outweighs the privilege.
www.cnn.com /ALLPOLITICS/1998/06/01/clinton.exec.priv   (1284 words)

  
 White House Claims Executive Privilege in E-Mailgate [Free Republic]
The Clinton administration invoked executive privilege late Tuesday rather than let a top administration official be questioned about his roll in hiding thousands of subpoenaed e-mails from Congress and the Office of Independent Counsel.
Under the privilege claim, which was asserted by the Clinton Justice Department, former White House Office of Administration General Counsel and Chief of Staff Mark Lindsay was ordered not to testify about whether he discussed a cover-up of the missing e-mails with President Clinton.
The executive privilege claim was invoked in front of U.S. District Court Judge Royce Lamberth in Washington.
www.freerepublic.com /forum/a39a310c13783.htm   (3556 words)

  
 freedomforum.org: Bush not asserting executive privilege in records fight
Yet when a reporter asked Jan. 30 whether the White House was asserting executive privilege as the legal basis to deny the GAO the documents, presidential spokesman Ari Fleischer said it was not.
Executive privilege is an extreme legal weapon and the White House may want to try in court first with the argument on the GAO's authority, suggested Mariano-Florentino Cuellar, an assistant professor at Stanford University Law School.
Privilege "will probably be invoked later on if they lose," he said.
www.freedomforum.org /templates/document.asp?documentID=15707   (781 words)

  
 Glenn Greenwald - Political Blogs and Opinions - Salon
There are several important facts to note about the President's vow at this afternoon's Press Conference to resist attempts to compel Karl Rove and Harriet Miers to testify to Congress, under oath, with regard to the firing of the U.S. attorneys.
However, when the privilege depends solely on the broad, undifferentiated claim of public interest in the confidentiality of such conversations, a confrontation with other values arises.
Similar reasoning was invoked by District Court Judge Norma Holloway Johnson in her decision denying Clinton's attempt to rely on this privilege to resist Ken Starr's subpoenas.
www.salon.com /opinion/greenwald/2007/03/20/executive_privilege/index.html   (1927 words)

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