Define: Executive Privilege

Executive Privilege
Executive Privilege
Quick Summary of Executive Privilege

Executive privilege is a concept that allows the President of the United States to withhold certain information from the public, Congress, and the courts in order to protect the confidentiality of sensitive discussions and decision-making processes within the executive branch. It is based on the principle of separation of powers and is intended to safeguard national security and the effectiveness of the executive branch. However, the extent and limits of executive privilege have been the subject of ongoing debate and legal interpretation.

Executive Privilege FAQ'S

Executive privilege is the power that allows the President and other high-ranking officials in the executive branch to withhold information from Congress, the courts, and the public.

The legal basis for executive privilege is not explicitly stated in the Constitution, but it is generally derived from the separation of powers and the need for confidential communications within the executive branch.

No, executive privilege is not absolute. It can be overridden by a compelling need for the information, such as in cases of national security or criminal investigations.

Yes, executive privilege can be invoked by former presidents, but the current president has the authority to waive or release the privilege.

Executive privilege is intended to protect the confidentiality of official communications and decision-making processes, not personal or political information.

Yes, executive privilege can be challenged in court, and the courts have the authority to review and potentially override claims of executive privilege.

Executive privilege can be used to withhold testimony or documents in a congressional investigation, but Congress can challenge the privilege and seek judicial review.

Executive privilege can be used in criminal investigations, but it is not absolute and can be challenged by prosecutors and the courts.

Yes, executive privilege can be waived by the president or other officials, allowing the release of information that would otherwise be protected.

Yes, executive privilege can be used to protect confidential communications between the president and their advisors, as well as within the executive branch.

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Disclaimer

This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.

This glossary post was last updated: 13th April 2024.

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