What is the definition of "executive privilege"??

[kentuck]

Is that the claim by the Executive Branch that they can withhold information from the other branches of government? Would the other branches have equal rights to the executive branch? If so, then would not the legislative branch have the same claim to privilege as the executive branch? Would not Cheney and Rove and all the people that are withholding information be required to hand over information under the same claim as the Executive? In regard to the Jefferson papers, what right does the Executive branch legally hold?

[sweetheart]

1. "royal perogative" nt

[guinivere]

2. Yup. Or "Do as I say, not as I do." nt

[HysteryDiagnosis]

3. It's the "Uncriminal". n/t

[sweetheart]

4. Unitary power?

Why are you talking about executive priviliege, when unitary power of
monarchy has been asserted? Its like mountain, molehill stuff, the
difference in my mind, isn't it to you too?

[kentuck]

5. Just so we can all agree...

and there is no doubt. That we have a "unitary" executive with complete authority and answers to no one. Just so we have that clear for everyone else...

[sweetheart]

6. "complete authority and answers to no one."

.. with no responsibility. . . they do whatever the heck they want,
whenever they want to, and make up a reason for the world's foreign
and poor... we are unitary, above any law except the rule of force,
worship us or die.

[Igel]

7. The wrangle over Jefferson is precisely a question of

privilege. Law enforcement is executive; can law enforcement search legislative offices?

It's been widely taken that documents pertaining to law enforcement, and what's said in the process of producing legislation, cannot be used in prosecution. Legislators have repeatedly tried to expand privilege to include non-legislative documents; this has usually been by tradition, and ignored. Still, when Jefferson's offices were searched, the warrant made public had the items sought blacked out, and law enforcement indicated that special effort was given to make sure that files and documents related to legislation were not searched. But it's possible to use privilege to cover corruption, and that's not ok. Proving it can sometimes be a problem.

Same with executive privilege. It's probably widely abused, but it's hard to show; and when it goes to the courts, the courts start to quiver, because it's a thorny thicket to get tangled in.