Executive Privilege
The term executive privilege is defined by the Columbia Encyclopedia,Sixth Edition (2001) as the "exemption of the executive branch ofgovernment, or its officers, from having to give evidence, specifically, inU.S. law, the exemption of the president from disclosing information tocongressional inquiries or the judiciary." That's a fairly broaddefinition because there is no explanation of what information need not bedisclosed, and, in fact, determining that has often been a matter for thecourts. The same source notes that claims of executive privilege areusually invoked to protect confidential or diplomatic operations and mayalso be involved to protect the private discussions between the presidentand his close aides. Although the courts have been inclined to supportclaims of executive privilege, those claims are often not honored when itis a case that is or might become criminal, such as that of PresidentRichard M. Nixon invoking executive privilege after the Watergate break-in. Another area that often causes the courts to refuse claims of executiveprivilege is when an investigation is leading toward an impeachment, aswith Bill Clinton. (Columbia Encyclopedia, 2001)
" (Baker, 2003) The claim of the White Housewas that it had been concerned with the erosion of executive privilege inprevious administrations. But considering the magnitude of failure of the government's anti-terrorist program, if any, and its intelligence gathering function thatresulted in the Twin Towers disaster, it is reasonable to ask who knew whatbefore it happened. (Toedtman, 2004) Rice had testified under oath in private, so she did run a perjuryrisk if anything she said was later found to be untrue. Gonzales, in announcing thereversal, still wanted written assurances from the committee that Rice'stestimony would not set precedent. Infact, New York Times columnist Maureen Dowd, on hearing of his choice tohead the 9/11 commission, said, you appoint Kissinger only 'if you want tokeep others from getting to the bottom of something. " (Montopoli, 2003)One of the wives of a Twin Towers victim, originally happy that acommission was going to investigate, said she was relieved, "And then Bushbrings Henry Kissinger into the room. Nixon,for all the bad press he has received, was more forthcoming than thecurrent Bush administration. Libya was certainly asecurity issue during Carter's term, and the Iran-Contra dealings hadnational security implications. But Bush had already used executive privilege. While many observers note that the Bush administration operates insecrecy, a report a year and a half ago in Presidential Studies Quarterlynoted that "even before September 11, 2001, the administration had soughtto limit press and public access to some information, including refusing torelease the Reagan administration papers in January 2001, as stipulated inthe Presidential Records Act. "Two years ago,the Bush administration refused to let then-Homeland Security Adviser TomRidge testify before a Senate Appropriations Committee because he was anadviser to the president, not a cabinet secretary. The obvious conclusion to that would be this: it won't as long as theinvestigation ends up being part of a criminal investigation, like the onesin which Clinton's and Nixon's advisers were permitted to testify.
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Acceptance Essays
