What the heck is "Executive Priviledge"? Is this a law or principle???

Question

I'm not understanding why this was used (or abused) for the Hurricane Katrina investigation in the White House and now with the Wire Tapping. I'm confused?!?!!?!?!!?!?!??

Answer 1

The Constitution nowhere expressly mentions executive privilege. Presidents have long claimed, however, that the constitutional principle of separation of powers implies that the Executive Branch has a privilege to resist certain encroachments by Congress and the judiciary, including some requests for information.

For example, in 1796, President Washington refused to comply with a request by the House of Representatives for documents relating to the negotiation of the then-recently adopted Jay Treaty with England. The Senate alone plays a role in the ratification of treaties, Washington reasoned, and therefore the House had no legitimate claim to the material. Accordingly, Washington provided the documents to the Senate but not the House.

Eleven years later, the issue of executive privilege arose in court. Counsel for Aaron Burr, on trial for treason, asked the court to issue a subpoena duces tecum--an order requiring the production of documents and other tangible items--against President Thomas Jefferson, who, it was thought, had in his possession a letter exonerating Burr.

After hearing several days of argument on the issue, Chief Justice John Marshall issued the order commanding Jefferson to produce the letter. Marshall observed that the Sixth Amendment right of an accused to compulsory process contains no exception for the President, nor could such an exception be found in the law of evidence. In response to the government's suggestion that disclosure of the letter would endanger public safety, Marshall concluded that, if true, this claim could furnish a reason for withholding it, but that the court, rather than the Executive Branch alone, was entitled to make the public safety determination after examining the letter.Jefferson complied with Marshall's order. However, Jefferson continued to deny the authority of the court to issue it, insisting that his compliance was voluntary. And that pattern persists to the present. Thus, President Clinton negotiated the terms under which he appeared before Independent Counsel Kenneth Starr's grand jury, rather than simply answering a subpoena directing him to appear.

Presidents often assert executive privilege even if the information or documents sought are not matters of national security. They argue that some degree of confidentiality is necessary for the Executive Branch to function effectively. Key advisers will hesitate to speak frankly if they must worry that what they say will eventually become a matter of public record.

The Supreme Court considered this argument in the 1974 case of United States v. Nixon. A grand jury convened by Watergate special prosecutor Leon Jaworski issued a subpoena to President Nixon requiring that he produce Oval Office tapes and various written records relevant to the criminal case against members of Nixon's Administration. Nixon resisted on grounds of executive privilege.

The Court recognized "the valid need for protection of communications between high Government officials and those who advise and assist them in the performance of their manifold duties." It noted that "[h]uman experience teaches that those who expect public dissemination of their remarks may well temper candor with a concern for appearances and for their own interests to the detriment of the decisionmaking process."

Nonetheless, the Justices concluded that the executive privilege is not absolute. Where the President asserts only a generalized need for confidentiality, the privilege must yield to the interests of the government and defendants in a criminal prosecution. Accordingly, the Court ordered President Nixon to divulge the tapes and records. Two weeks after the Court's decision, Nixon complied with the order. Four days after that, he resigned.

Answer 2

Privileges in the law allow certain people or institutions to withhold information in some circunstances. There is doctor-patient privilege, spousal privilege, priest-penitent privilege, etc. Certain relationships or other interests are deemed confidential and therefore the law cant, for instance, force a doctor to divulge patient records or conversations. I'm sure there are exceptions; all laws have them.

Executive privilege is the idea that (1) the executive brance needs to be able to deliberate in private at times to encourage free debate and policy making without fear of having the words thrown back at you and (2) a separation of powers idea that the President does not have to give every bit of information it has to Congress, just as the President can't subpoena anything and everything from Congress.

Bush and several of his predecessors have invoked it.

The scope of the privilege, and whether or not Bush has invoked it correctly, I do not know.

But this is a start, in terms of basic research.

Answer 3

Executive Privilege is the power claimed by the President of the United States and other members of the executive branch to resist certain search warrants and other interventions by the legislative and judicial branches of government. The concept of executive privilege is not mentioned in the United States Constitution, but some consider it to be an element of the separation of powers doctrine, and/or derived from the supremacy of executive branch in its own area of Constitutional activity.
The chimp over uses this privilege and has used it against providing documents that Senate oversight committee has requested for the Katrina Hurricane affair, the Plame scandal and the firing of the 8 attorneys. He thinks he is above the law, and he considers himself a true dictator!

Answer 4

Its a principle having its roots in some vague concepts in the Constitution.

For example, the Constitution "vests" the Executive Power in the President? What does that mean?

Answer 5

a power CLAIMED....

"...the concept of executive privilege is not mentioned in the united states constitution...
...some consider it to be an element of the separation of powers doctrine...
...and/or derived from the supremacy of executive branch in its own area of constitutional activity..."

"...historically, the uses of executive privilege underscore the untested nature of the doctrine, since presidents have generally sidestepped open confrontations with congress and the courts over the issue by first asserting the privilege, then producing some of the documents requested on an assertedly voluntary basis...."


"...once executive privilege is asserted, co-equal branches of the government are set on a collision course....
...the judiciary is forced into the difficult task of balancing the need for information in a judicial proceeding and the executive’s article II prerogatives....
...this inquiry places courts in the awkward position of evaluating the executive’s claims of confidentiality and autonomy, and pushes to the fore difficult questions of separation of powers and checks and balances..."


"...the reason for these distinctions rests upon a bedrock presidential prerogative: for the president to perform his constitutional duties, it is imperative that he receive candid and unfettered advice and that free and open discussions and deliberations occur among his advisors and between those advisors and others within and outside the executive branch...."



"...these 'occasion[s] for constitutional confrontation between the two branches' are likely to be avoided whenever possible...."

http://en.wikipedia.org/wiki/Executive_privilege

Answer 6

It is principle which has its roots in the Constitution. The Constitution gives the President the authority to make executive decisions. Of course, this power is not absolute and can be challenged by Congress or the Court.

Answer 7

Principle

Answer 8

I can believe that you are confused. Executive Privilege is a way of saying the prerogative of the Executive Branch which is one of the powers which the Constitution separates. Remember separation of powers? You can't separate them unless they exist. Executive Privilege is a power of the Executive Branch and may not be infringed by the Legislative Branch.

Answer 9

Executive privilege is covered in the Constitution. It is a part of the separation of powers. Legislative and Administrative branches are supposed to be co-equal. One cannot be more powerful than the other. It is done to keep Congress from usurping the President's authority. Congress is supposed to legislate. The Administration runs the government.

Answer 10

It is neither law or principle.

It is the administration doing an end run around the checks and balances provided by the constitution.