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Description of Executive Privilege and When it is Invoked

What is executive privilege and when does it apply?

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What is executive privilege?

Implied power derived from Article II of the U. S. Constitution and an element of the separation of powers doctrine.
The U. S. Supreme Court in United States v. Nixon, 418 U.S. 683, 705 (1974) reiterated where "executive privilege" is derived from. "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."
The right of the President and high-level executive branch officers to withhold information from Congress, the courts, and the public.
This is not an absolute right because executive privilege is subject to the compulsory powers of the legislative and judicial branches of the government.

When does executive privilege apply?

To protect certain national security needs including conduct of foreign relations.
To protect the confidentiality of the White House deliberations due to public interest.
To protect public interest when there is ongoing executive branch investigations.
Issued "only in the most compelling circumstances and only after careful review demonstrate[d] that assertion of the privilege [was] necessary." (FN1)
"Executive privilege is an extraordinary ...

Solution Summary

This is a 5,139 word document describing what executive privilege is, when does executive privilege apply, and examples in U. S. history when executive privilege was invoked.

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