Do you believe Executive Privilege exists?

[MonkeyFunk]

Many here seem to think that all claims of Executive Privilege are bullshit.

However, the privilege has existed since Washington was president. It's based on the idea that there is a real separation of powers, and that the congress doesn't have control over the executive, and vice versa.

I'm posting this in the hopes of pre-empting a whole lot of disappointment (probably a futile attempt) when this situation is mediated.

Neither side, historically, has ever wanted the USSC to decide this issue. So, they always end up negotiating a settlement. And that's what's going to happen here.

So... Does the executive have any rights to insulate himself from control by the legislative branch?

[BlooInBloo]

1. The detailed boundaries of it are in question, but of course it *exists*.

[Az]

2. The purpose of executive privelige

was to make sure that a sitting president could not be forced into denying or supporting a bill by threat of law suit or legal action. The concern was that such legal actions could be used to coopt the system. It was never meant as a means of isolating the executive branch and placing them above the people. The founding fathers believed the government should be transparent and open to the people. The Bush cabal have twisted the idea of executive privilege to their own means and subverted the intent of the constitution.

[MonkeyFunk]

4. I've never heard that

do you have a link?

The justifications I've seen had to do with the real separation of powers - that the Executive is free to operate within SOME reasonable bounds free of congressional oversight. Similarly, Congress is free to operate free of executive intervention - it's why there was an uproar over Rep. Jefferson's office being raided by the FBI.

[JeffR]

3. Yes, BUT the mechanisms need to be put in place

to constrain its abuse, and to define it clearly, in clearly constitutional terms.

[MonkeyFunk]

5. unfortunatey

the only mechanism will be a Supreme Court decision, and none of the three branches want to take it there.

[undeterred]

6. He gets to choose the channel of the tv in the breakroom

It doesn't extend nearly as far as he thinks it does.

[MonkeyFunk]

8. i'm trying to have a serious discussion of where it DOES end

to what extent can the Congress oversee the Executive?

To what extent can the Executive oversee the Congress?

[undeterred]

9. executive privilege

executive privilege

exemption of the executive branch of government, or its officers, from having to give evidence, specifically, in U.S. law, the exemption of the president from disclosing information to congressional inquiries or the judiciary. Claims of executive privilege are usually invoked to protect confidential military or diplomatic operations or to protect the private discussions and debates of the president with close aides. Efforts by various presidents since Eisenhower to gain absolute and unqualified privilege have been rejected by the courts, though they remain inclined to support most claims of executive privilege. Where criminal charges are being brought against a president, as in the case of Richard Nixon, the claims of executive privilege are weakest; during the process leading to the impeachment of President Bill Clinton, numerous claims made by the White House were dropped when it was clear courts would not uphold them.

http://www.encyclopedia.com/doc/1E1-executiv-pr.html

I do not believe its purpose is to protect the president from exposure to prosecution for having committed a crime.

[MonkeyFunk]

10. and your opinion is?

I'm trying to generate a real discussion.

[undeterred]

12. Its a matter of judgment

and if we had elected a person of sufficient moral fibre there would be situations where it would be appropriate to call for executive privilege. There could be a lot of situations. And I'm sure every living president could name a few.

But with Bush its more a matter of wanting no limitations at all on his powers. He wants no accountability whatsoever. Its as though he doesn't even understand the basic accountability between the branches of government, and Cheney isn't helping.

[Systematic Chaos]

7. It certainly does exist, but it needs to be more clearly defined.

n/t

[MonkeyFunk]

11. To all who voted

that the legislative branch has full oversight powers, I'd love to hear your arguments.

[Mutineer]

13. Lest we forget--Clinton used it too.

And I'm sure that somewhere the Republican Noise Machine is already throwing that little fact out there to distract from Bush's use of it in this case. But bottom line, yes, it is an executive privilage. the question of whether it SHOULD be is an entirely different matter (in my opinion--no).

[Toasterlad]

14. Of Course it Exists. But It's Being Abused. n/t