Executive Privilege

Though not specifically defined in the United States Constitution, Chief Justice Warren Burger's statement in United States vs. Nixon case served to confirm to many the legitimacy of the Executive Branch claiming immunity from search warrants, subpoenas and intrusive investigation from other branches of government.

Fast Facts

1. If accepted by the courts, executive privilege may allow subpoenaed parties to avoid testifying about governmental actions or conversations
2. Based on the constitutional separation of powers¹
3. Invokers often argue that confidentiality is necessary in order for the Executive Branch to operate effectively¹
4. Dwight D. Eisenhower coined the phrase and invoked executive privilege more than 40 times²
5. Presidents Nixon and Clinton unsuccessfully tried to evade subpoenas by claiming executive privilege³
6. Karl Rove claimed executive privilege when he refused to testify about the 2006 firings of eight U.S. attorneys

Quote

"Whatever the nature of the privilege of confidentiality of Presidential communications in the exercise of Art. II powers, the privilege can be said to derive from the supremacy of each branch within its own assigned area of constitutional duties. Certain powers and privileges flow from the nature of enumerated powers; the protection of the confidentiality of Presidential communications has similar constitutional underpinnings."—Chief Justice Warren Burger, 1974⁴

Categories