Perspective | ‘Executive privilege’ is a new concept built on a shaky legal foundation

By Aziz Huq Aziz Huq teaches law at the University of Chicago, and is co-author of"How to Save a Constitutional Democracy. May 10 at 10:07 AM President Trump says “executive privilege” prevents the House from seeing the unredacted Mueller report and investigating a number of other subjects.

Start with the constitutional text — or, rather, with the absence of any relevant language in the Constitution giving the president power to withhold documents or to prevent testimony by executive-branch officials. The late Raoul Berger, a leading originalist scholar on executive privilege, called the presidential perquisite a “constitutional myth.” He noted, too, that the president’s Article II obligation “to from time to time give to the Congress information on the State of the Union” has no stated limit. For Berger, it was clear that the president had a primary obligation of disclosure to lawmakers, not a license for reticence.

The Justice Department’s own historical documentation shows that it was not until the populist Andrew Jackson entered the White House that refusals to disclose would be underwritten with nebulous references to “the constitutional powers of the Executive.” Jackson made this sort of claim when Congress tried to investigate his dealings with the Bank of the United States, for example.

But beyond those cases, the executive has generally won. The modern court’s enthusiasm for executive privilege is not surprising. The president’s central role in selecting justices means a high percentage of appointees have had formative experience working for the executive branch — six of nine at the moment. This translates into a general deference among the justices to executive-branch claims. Still, that doesn’t mean executive privilege is written in stone.

THIS MUG SHOT OF NIXON IS THE SPITTN IMAGE OF TRUMP BOTH NDEVILS IN DISGUISE

It’s absurd on its face. Congress should have access to anything the executive branch is up to. Classified material can be handled in closed sessions. Executive privilege is complete bs.

That depends on what your definition of “is” is...

Newsflash....it’s not a new concept

Substitute WHITE

A key element in new investigations. Who's side did the Democrats think Rod R. was on. The side of Justice. Justice is coming for those involved in an attempted coup, lawlessness and sedition. Rod flew with Trump several months ago for a reason. - CLOUD DROP FACTS MATTER.

Could’ve used your insight during the Obama years

No it’s not.

If irony came in poison form, drinking this article would kill me in about 2 seconds.

Seems like it’s mostly bs to protect criminals. Meh, that’s just my take

Can you guys even try just a little bit to seem impartial. Honestly just a little

'I have a pen and a phone' - Barack Obama The media cheered him for it 🤣🤣

A new concept? Jesus Christ WAPO can't tell the truth if it fell out of their mouths 🤣🤣

Dems only hope for survival is to sow chaos n discontent and they know it. brithume VDHanson TuckerCarlson KellyannePolls realDonaldTrump charliekirk11 SebGorka

It is not a new concept. Get the story correct WP. Also, how about sharing hypocrites and their videos of both sides if you really are the media. Here is Jerry in 1998. A video we will never see in one of the WP direct tweets. WP is Propoganda.

It should be rejected by court unless constitution is misinterpreted.

Ironic that you use Nixon as an example while the current Democrat spying scandle makes Watergate pale in comparrison.

Hmmmmmm. And then there’s this.... 😘

Too late to be going over this premise. It's entrenched now, and both sides of the aisle like it that way.

So the SCOTUS did recognize it. NEXT!

Executive privilege is an old concept built on a shaky legal foundation. Obama started it.

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Justice Dept. threatens executive privilege over Mueller report and underlying evidenceHouse Judiciary Chairman Jerry Nadler is moving forward Wednesday with a vote to hold Attorney General William Barr in contempt of Congress in the face of a threat from the Justice Department that President Donald Trump will declare executive privilege over special counsel Robert Mueller's report and its underlying evidence. RepJerryNadler What about the spying by the Obama admin? RepJerryNadler So do it tough guy... have some chicken while doing it... RepJerryNadler Nadler long live the king livyahton
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Justice Department set to recommend executive privilege on Mueller reportThe Justice Department has threatened to request executive privilege over Mueller’s report if the House Judiciary Committee does not cancel plans for a contempt vote against AG Barr. Barr brazenly mocking Congress’ authority now Lawlessness. I guess I'm grateful that this President is exposing Republican tactics...but at what cost? You folks in the so-called Mainstream Media are COOKED! Why are you still pretending that we don't know the truth about what you are, who you help cover-up crimes, etc. Run for the hills, losers -- if you have any brains left.
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Democrats to hold attorney general in contempt despite executive privilege threatThe Democratic chairman of the House Judiciary Committee said Wednesday said he will go forward with a vote to hold Attorney General William Barr in contempt of Congress for not complying with a subpoena to turn over the full Mueller report. Why he look like my uncle's friend Executive Privilege classification a Go.
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