Executive privilege is a MYTH

[stubtoe]

Check this out: per NPR yesterday:

link: http://www.npr.org/templates/story/story.php?storyId=11523338


Does the Constitution allow for executive privilege?

"Nowhere does the Constitution mention the term or the concept of executive privilege. The belief that it does, the late legal historian Raoul Berger once said, is one of the greatest "constitutional myths."

So how the heck do presidents get away with invoking it? By saying it's an implied power for when they need "candid advice".

If you repeat something enough times, I guess it becomes true.

[BlooInBloo]

1. It's not a myth; it's conventionally regarged as part of the separation of powers.

[bryant69]

3. I have to agree

Presidents do get a certain amount of latitude in fulfilling their duty; such latitude could be defined as "Executive Privilege."

However such latitude should never be construed as protection from justice if the President has committed crimes against the constitution or the citizens of the United States.

Bryant
Check it out --> http://politicalcomment.blogspot.com

[stubtoe]

5. I can see that if it is invoked for legitimate national security reasons.

BUT for manipulation of the Justice Department - that's just CYA and therefore a felony.

[bryant69]

6. Exactly. I don't know about Felony, but certainly objectionable. n/t

[stubtoe]

7. I should have said "cover-up"

oops. :)

[Kagemusha]

2. If it's a myth, so is the right to an abortion

I am not kidding. It's the same principle. The right to an abortion is derived from the Constitution, which in no way directly grants such a right. Executive privilege - which is meant to be a qualified privilege and not an absolute right, that's why it's called privilege and not something much harder core - is also derived from the Constitution as sensible judicial policy. It's essentially saying there is such a thing as unreasonable search & seizure of the executive branch's records just like for private citizens; there must be a legitimate, compelling interest.

The thing is, the issue only seems to come up when Congress is exerting a legitimate, compelling interest in the first place, so when executive privilege has been fought in the courts, administrations lose. They lose big.

[King Coal]

4. It's a concept.

Oh,see this thread.

http://www.democraticunderground.com/discuss/duboard.php?az=show_mesg&forum=389&topic_id=1210728&mesg_id=1210728

[NewYorkerfromMass]

9. Actually the 'right to an abortion' was in fact a matter of

the right to privacy.

[originalpckelly]

8. It's just a scam to keep crooks in office. We ought to pass a constitutional amendment...

expressly forbidding it, even though it's not even in there, just to make sure people get the point that it's not real.

[Warpy]

10. All presidents have tried to use it and all have failed

because, no, it's not a constitutional provision.

That doesn't keep them from trying.

Clearly, some things are privileged, like discussions on foreign policy and military strategy. However, they never invoke it for that. It's always for political dirty tricks and personal shenanigans like crimes and affairs.

[Rageneau]

11. "Executive Privilege" is a term left over from Nixon. And so is...

"smoking gun," "spin" and "spinroom." Nixon and his minions invented lots of new - formerly nefarious -- ways to get around transparency, honesty and the Rule of Law.