Definition: Presidents of the United States -- beginning with George Washington -- have claimed that the separation of powers articulated in the Constitution grants the Executive Branch the right to resist some Congressional or Judiciary requests for information.
The first recorded instance of executive privilege was in 1796. The House of Representatives asked President Washington for background material relative to the Jay Treaty with England. However, the Constitution grants all treaty powers to the Senate, not the House. President Washington released the documents to the Senate only.
In modern political history, the best-known example of executive privilege is probably related to the investigation of President Nixon and Watergate. Special Prosecutor Leon Jaworski subpoenaed audio tapes and written material relating to the Watergate investigation of White House staff. Nixon cited, unsuccessfully, executive privilege.
In the 1974 case United States v. Nixon, the Supreme Court ruled that executive privilege is not absolute. Although there is a "valid need" to protect "communications between high Government officials and those who advise and assist them in the performance of their manifold duties" ... any expectation of confidentiality must be yielded in a criminal investigation. The Court ordered Nixon to surrender the tapes; two weeks later he did so; four days later, he resigned from office.
Cite: FindLaw
The first recorded instance of executive privilege was in 1796. The House of Representatives asked President Washington for background material relative to the Jay Treaty with England. However, the Constitution grants all treaty powers to the Senate, not the House. President Washington released the documents to the Senate only.
In modern political history, the best-known example of executive privilege is probably related to the investigation of President Nixon and Watergate. Special Prosecutor Leon Jaworski subpoenaed audio tapes and written material relating to the Watergate investigation of White House staff. Nixon cited, unsuccessfully, executive privilege.
In the 1974 case United States v. Nixon, the Supreme Court ruled that executive privilege is not absolute. Although there is a "valid need" to protect "communications between high Government officials and those who advise and assist them in the performance of their manifold duties" ... any expectation of confidentiality must be yielded in a criminal investigation. The Court ordered Nixon to surrender the tapes; two weeks later he did so; four days later, he resigned from office.
Cite: FindLaw
Examples: As Congress examines the circumstances surrounding the firing of United States Attorneys, President Bush once again invokes executive privilege to block access to key employees.
