Thursday, June 28, 2007

The death of Executive Privilege?

"As Columbia University law professor Michael Dorf points out, the Supreme Court ruled in United States v. Nixon that, “where the President asserts only a generalized need for confidentiality, [executive privilege] must yield to the interests of the government and defendants in a criminal prosecution.”
Bush is invoking such “a generalized need for confidentiality,” according to a senior administration official this morning:
“This is not a mere exercise relating to a particular event. This is an exercise in an attempt to protect the prerogatives of the president for this president and for future presidents.”

As I read this, the current administration has so abused the concept of executive privilege that it's future use is in doubt.

More here.


Leo said...

It is sort of surprising even to me that the president and his staff do not allow this investigation. The faster he responds the better for his administration. The more he does to support the balance of powers the more secure the executive branch is, atleast in my opinion. An unecessary fight only adds to suspicion - he
must have something to hid- and forces the other two branches of government to act against him. He needs to be less stubborn and more supportive of legal efforts of the Congress.

I would agree that a special prosecutor should not be appointed since these people cause more trouble than the issues which they investigate.

Andrew said...

I wonder how much of it is Cheney driven. Our VP has always had an expansive view of executive privaledge that I do not think is found in our Constitution.

I also think that the lack of oversight while his own party controled Congress may have led to some pretty unfortunate events that would not bear scrutiny. I, like you, believe they cannot afford an investigation and will do what they can to drag it all out to the end of the President's term.