What exactly does Executive Privilege entitle the President to?

Question

Is he actually allowed to just refuse to turn over anything Congress asks for and claim Executive Privilege? If he has nothing to hide what is he afraid of? Isn't our government supposed to have a system or checks and balances to ensure there is no misdoings?

Answer 1

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.[1]

Presidents since George Washington and Thomas Jefferson have argued that each branch of government may operate with some degree of freedom from the control or supervision of the others.[citation needed] The Supreme Court confirmed the legitimacy of this doctrine in United States v. Nixon, but only to the extent of confirming that it can be invoked when the oversight of the executive would impair that branch's national security concerns.

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.

Answer 2

The executive branch is structured to "execute", to make decisions, get things done, react as needed etc. Along with that responsibility the E.B. gets latitude, "privilege", to keep some sorts of dealings away from public scrutiny.

There is a tension between accountability, and action which is navigated by the judicial branch.

So, the answer is "whatever the supreme court says the President is"

Answer 3

Yes Steph, he is allowed that privilege because they are separate and have separate powers.
The congress, will always challenge the Executive and the Executive is doing the same.
Nothing to hide?
Dear Steph, it is the hide of Bush and Cheney the Dems are after!
Should they go along with their enemy?

Answer 4

Apparently Executive Privilege equates to diplomatic immunity for this administration.

They have been spoiled by a rubber stamp, no oversight congress for their first six years in office. Thanks to that, the Bush admin now feels entitled to do whatever they choose without having to answer to a soul on the face of the Earth.

Answer 5

yes, I believe this is the case. the executive privilege is available for important security reasons to the president such as "In 1998, President Bill Clinton became the first President since Nixon to assert executive privilege and loose in court, when a Federal judge ruled Clinton aides could be called to testify in the Lewinsky scandal.[3]"

Answer 6

Considering the VP thinks he's not part of the executive branch and Bush Executive privileges, these criminals think they are totally above the freaking law.

When the hell are the American people gonna get fed up and do something about this BS we're being fed?

Can you just imagine if Bill Clinton was pulling this same s**t when he was in office? Or better yet, imagine how the Repugs will scream if Hillary is prez and pulls these same types of deals.

Good God our ears would be bleeding form the shreaks.

Answer 7

To invoke executive privilege there is supposed to be a situation where national security would be at risk should the information be revealed.
I am not saying that applies here just saying what it is intended for.

Answer 8

Bush took a lesson from Richard Nixon who was asked what Executive Privilege was. Nixon said "if the president does it, it's ok" Meaning he thought that the president can do whatever he damn well pleases!! Nixon thought he was above the law and so does bush.

Answer 9

Funny how "if you have nothing to hide, what are you afraid of" applies only to the rest of the nation.

If there is probable cause that a crime has been committed, then Executive priveledge goes buh-bye. W better watch his 6 pretty hard. . .

Answer 10

I think they've turned the privacy question around 180 degrees - they apparently need to know our secrets, and their lives are now secret. But since it's all in the name of my security, it's all right (heavy sarcasm).