does the attorney general decide what executive privilege is

What is the presidential executive privilege and how does it work?

Former Attorney General Rogers, in stating the position of the Eisenhower Administration, identified five categories of executive privilege: (1) military and diplomatic secrets and foreign affairs, (2) information made confidential by statute, (3) information relating to pending litigation, and investigative files and reports, (4) information relating to internal government affairs …

Does the deliberative process privilege apply to government officials?

Oct 06, 2021 · Executive privilege is a collection of different rights, united by the general principle that the president and key advisers must be able to have internal discussions without fear of exposure. Courts have not determined precisely how much power former presidents have to assert executive privilege or testimonial immunity, so the current situation could set significant …

What are the four areas of privilege in the executive branch?

Oct 09, 2019 · While it is the case that the White House cited a 2007 opinion of then-Acting Attorney General Paul D. Clement that, inter alia, argues that executive privilege over presidential communications could extend to communications between the President and individuals outside the executive branch, it does not appear

Should Congress have access to executive privilege information?

May 03, 2019 · Executive privilege is a qualified privilege, and each attorney general opinion justifying the assertion of the privilege balances the executive branch’s need for confidentiality against Congress’s need for the information. If a disclosure is so extensive that it destroys the confidentiality of information, then the executive branch’s constitutional interests protected by …

What is the legal basis for executive privilege?

The basic premise of the concept of executive privilege, as it is applied to resist requests for information from Congress as from private parties with or without the assistance of the courts, is found in the doctrine of separation of powers, the prerogative of each coequal branch to operate within its own sphere ...

What does the Constitution say about executive privilege?

The right comes into effect when revealing information would impair governmental functions. Neither executive privilege nor the oversight power of Congress is explicitly mentioned in the United States Constitution.

Who can overrule executive order?

CongressCongress also has the power to overturn an Executive Order by passing legislation that invalidates it. (The President, of course, may veto such legislation, in which case Congress may override the veto by a two-thirds majority).Nov 28, 2021

How does the attorney general affect the executive branch?

The Attorney General is the head of the DOJ and chief law enforcement officer of the federal government. The Attorney General represents the United States in legal matters, advises the President and the heads of the executive departments of the government, and occasionally appears in person before the Supreme Court.

What is executive privilege and why is it important?

Executive privilege generally allows the president and his close advisers to refuse to produce documents or testimony to the judicial or legislative branches under some circumstances.Oct 6, 2021

Who can invoke executive privilege Philippines?

"The President, in effect, is invoking executive privilege, which is a recognized power of the President. It is a valid exercise of the power of the President under Executive Order 464, as affirmed by the Supreme Court in the case of Senate of the Philippines v.Jan 5, 2021

Who enforces executive orders?

presidentsThe legal or constitutional basis for executive orders has multiple sources. Article Two of the United States Constitution gives presidents broad executive and enforcement authority to use their discretion to determine how to enforce the law or to otherwise manage the resources and staff of the executive branch.

Do executive orders have the force of law?

Executive Orders are issued by the White House and are used to direct the Executive Branch of the U.S. Government. Executive Orders state mandatory requirements for the Executive Branch, and have the effect of law.

Does an executive order have to be approved by Congress?

Executive orders are not legislation; they require no approval from Congress, and Congress cannot simply overturn them. Congress may pass legislation that might make it difficult, or even impossible, to carry out the order, such as removing funding.Jan 25, 2021

What power does the Attorney General have?

The NSW Attorney General is the legal advisor to the Government of NSW. The Attorney General is responsible for representing the State and may act on its behalf in all legal proceedings in which the State is a party. preserves civil liberties.

What is the role of the Attorney General of the United States?

The Attorney General represents the United States in legal matters generally and gives advice and opinions to the President and to the heads of the executive departments of the Government when so requested. In matters of exceptional gravity or importance the Attorney General appears in person before the Supreme Court.Mar 12, 2021

What is the role of Attorney General in US?

The U.S. Attorney General oversees the Department of Justice, represents the United States in litigation, and advises the President and heads of federal executive departments on legal matters. The U.S. Attorney General is nominated by the President and confirmed by the Senate.

Who was the former aide to George W. Bush?

Sara Taylor, a former aide to President George W. Bush, took that approach in 2007, indicating her willingness as a private citizen to answer questions but also testifying that she would follow the president’s direction not to testify about information covered by his executive privilege claim.

How long did McGahn testify?

Accordingly, Trump allowed McGahn to testify for over 30 hours about confidential conversations, “waiving” any potential executive privilege. “Waiver” in this context, however, means only that the president allowed McGahn to talk to the special counsel.

Who is Don McGahn?

Former White House counsel Don McGahn at CPAC, 2018 (Source: Flickr/Greg Skidmore) The release of the redacted Mueller report focused the spotlight squarely on former White House Counsel Don McGahn, whose testimony to the special counsel featured prominently in the report’s discussion of obstruction of justice.

Is McGahn's testimony protected by executive privilege?

Based on the above precedent, McGahn and his attorney could reasonably agree with the White House that at least some aspects of his testimony continue to be protected by executive privilege under existing executive branch doctrine. Specifically, any otherwise privileged information that is not expressly disclosed in the report remains subject to an assertion of executive privilege.

Who is Jonathan Shaub?

Jonathan Shaub is a contributing editor to Lawfare and an assistant professor of Law at the University of Kentucky J. David Rosenberg College of Law. He formerly served in the U.S. Department of Justice as an attorney-adviser in the Office of Legal Counsel and as a Bristow Fellow in the Solicitor General's Office.

Did Trump allow McGahn to testify?

In a memorandum Trump’s personal attorneys sent to Mueller on Jan. 29, 2018, they indicated the president would “waive [] the obviously applicable privileges where appropriate” and allow the special counsel’s office to interview close presidential advisers in the course of its obstruction investigation. They did so, it appears, in order to bolster their legal argument that Trump himself need not testify because any information he could convey would now be “practically available from another source.” Accordingly, Trump allowed McGahn to testify for over 30 hours about confidential conversations, “waiving” any potential executive privilege.

What is executive privilege?

Executive privilege is a doctrine that enables the president to withhold certain information from disclosure to the public or even Congress. The doctrine is based upon constitutional principles of separation of powers, and it is designed to enable the president to receive candid advice from advisers, as well as to safeguard information the disclosure of which might threaten national security.

What is attorney client privilege?

Rather, it is a judge-made exception to the general evidentiary principle of full disclosure in the context of court proceedings. 60 The historic congressional discretionary practice is reflective of the widely divergent nature of the judicial and legislative forums. The attorney-client privilege is the product of a judicially developed public policy designed to foster an effective and fair adversary system. Courts view the privilege as a means to foster client confidence and encourage full disclosure to an attorney. Free communication, the argument goes, facilitates justice by promoting proper case preparation. 61 Full factual disclosure can also help an attorney more accurately assess the strength of a client’s case, and discourage frivolous litigation when the case is weak. 62

How does the President maintain the confidentiality of documents?

Presidential claims of a right to preserve the confidentiality of information and documents in the face of legislative demands have figured prominently, though intermittently, in executive-congressional relations since at least 1792. In that year, President Washington discussed with his cabinet how to respond to a congressional inquiry into the military debacle that befell General St. Clair’s expedition. 1 Few such inter-branch disputes over access to information have reached the courts. The vast majority of such disputes are usually resolved through political negotiation. 2 In fact, it was not until the Watergate-related lawsuits in the 1970s seeking access to President Nixon’s tapes that the existence of a presidential confidentiality privilege was recognized by a court. 3 It then became judicially established as necessary to protect the president’s status in our constitutional scheme of separated powers.

Which entities invoke common law privilege?

Other than private persons, entities that often invoke claims of common law privilege include departments and agencies, the White House, and private organizations. However, their assertion of privilege does not necessarily provide a shield from congressional inquiry.

What is the presidential communications privilege?

The presidential communications privilege is a subcategory of executive privilege that protects the core communications of advisers closest to the president. There is a great deal of confusion about the actual scope of the presidential communications privilege.

What powers does the President have?

The privilege is limited to the core constitutional powers of the president, such as the power to appoint and remove executive officials, the commander-in-chief power, the sole authority to receive ambassadors and other public ministers, and the pardon power.

What is the significance of the 2008 ruling in House Committee on the Judiciary v. Miers32?

The 2008 district court ruling in House Committee on the Judiciary v. Miers32 sheds further light on the limits of the presidential communications privilege. The case involved subpoenas issued by the House Judiciary Committee to compel testimony by close presidential advisers in an investigation of the removal and replacement of nine U.S. attorneys. The Bush administration had invoked executive privilege and ordered the advisers not to appear, testify, or provide documents in response to the subpoenas. Although the case was settled in March 2009, after the change in administration and before the appeal was heard, the settlement provided that the district court decision rejecting the executive’s broad privilege claims would stand as precedent.

What is executive privilege?

Executive privilege is an implied presidential power that is recognized by the courts, most famously in the U.S. v. Nixon (1974) Supreme Court case. There are generally four areas that an executive branch claim of privilege is based: 1) presidential communications privilege; 2) deliberative process privilege; 3) national security, ...

When was executive privilege first used?

The first use of this authority occurred in 1792, when Congress demanded from the Washington administration information regarding the failure of a U.S. military expedition.