Executive Privilege Quotes
This is a major issue for the nation. How can the president be responsible if he is not informed? However, some argue that the President must have “plausibility deniability” so he can deceive foreign leaders without lying to them. The laws require that nothing may be withheld from the President but there are some in the agency including past directors who believe that they sometimes should lie to the President or withhold information when it is in the national interest—which of course only they judge without any checks and balances.
President George W. Bush had ignored a federal law and tapped the phones of Americans without probable cause and a warrant issued by a court. The President’s defenders argued that the President, as Commander in Chief, has the Constitutional responsibility to lead the military and protect the nation. Intelligence gathering is part of military activity. Therefore the intelligence gathering is a Constitutional duty and the Congress, under the separation of powers doctrine, may not interfere with the President’s Constitutional Duty to conduct intelligence. Under this doctrine, the President need not obey laws that he believes impinge on his management of the war effort and the defense of the nation. Most legal scholars believe that this argument is nonsense, but the George W. Bush administration has stated the doctrine and it was the subject of much litigation.
Monroe was then Secretary of State.
The notion of Executive Privilege developed over the years. Our first President thought nothing of giving the Senate access to all the papers and records regarding the negotiations of the treaty with Great Britain.
This was a major extension of the Executive Privilege power from the President himself to the staff of the President as well.
This was one of the best confirmations that Nixon had authorized illegal activity to further his reelection prospects and then orchestrated a cover up of the crimes.
In recent years, presidents of both parties have refused to allow Congress in its oversight responsibility to question certain assistants or see certain documents that are not technically national secrets. The questionable legal principle, executive privilege, supposedly assures that the President can get honest confidential advice without the advice giver feeing intimidated that the advice will become public. However, Presidents have also used this principle to cover-up scandals, wrong doing, and incompetence. Since the President simply asserts the “privilege” there is no way of checking in any particular case to determine if it is an abuse or not.