EXECUTIVE PRIVILEGE
JURIST legal news archive...




Drone Strikes Threaten Habeas Corpus: A Proposed Solution
March 13, 2013
JURIST Guest Columnist Anthony D'Amato of the Northwestern University School of Law says that habeas corpus rights are too important for the executive branch to ignore, even in a time of war...US President Barack Obama asserts that he has the constitutional privilege and power to order the killing o....... [more]

Deliberative Process Privilege in Corona's Impeachment
February 29, 2012
JURIST Columnist Edsel Tupaz of Tupaz & Associates, and Guest Columnist Ira Paulo Pozon of the Office of the Vice President of the Philippines, argue that the deliberative process privilege has been misapplied by Philippine courts to encompass officials beyond the executive branch and should not....... [more]

US Senate judiciary panel approved contempt citations against White House aides
December 13, 2010
On December 13, 2007, the US Senate Judiciary Committee voted 12-7 to report contempt of Congress resolutions to the full Senate for White House Chief of Staff Josh Bolten and former Deputy Chief of Staff Karl Rove over their refusal to testify before the committee as part of its investigation into....... [more]

Legislation is still required to strengthen new policy on use of state secrets privilege
October 4, 2009
Julian Sanchez: The administration's new policy on invocation of the state secrets privilege does set a higher transparency standard, but that's largely because their predecessors had to enlist Otto Lidenbrock to get it to the low point it hit in the last administration. But to the ex....... [more]

New state secrets policy is first step towards legislation to check executive discretion in blocking litigation
September 24, 2009
Sharon Bradford Franklin: On September 23, 2009, Attorney General Eric Holder announced that the executive branch has adopted a new policy on invocation of the state secrets privilege- a doctrine which protects against disclosure of national security secrets in litigation. The new policy ti....... [more]

Federal judge grants lawyers security clearance in ex-DEA agent civil suit
August 28, 2009
A judge in the US District Court for the District of Columbia on Wednesday ordered the government to grant security clearance to lawyers on both sides of the civil suit brought by former Drug Enforcement Administration (DEA) agent Richard Horn. In ruling on the government's attempt to exert priv....... [more]

Checking State Secrets
June 4, 2009
JURIST Special Guest Columnist Asa Hutchinson, former US Congressman (R-AR), DEA director, DHS under secretary for Border and Transportation Security and currently a member of the Constitution Project's Liberty and Security Committee, says that while President Obama's stated intent to limit....... [more]

Federal judge revives Islamic charity warrantless wiretapping lawsuit
January 6, 2009
A judge in the US District Court for the Northern District of California on Monday ruled that a lawsuit brought by an Islamic charity that alleged it was the subject of an illegal wiretap by the National Security Agency (NSA) may proceed. Judge Vaughn Walker had previously dismissed the suit, findi....... [more]

DC Circuit grants permanent stay blocking forced testimony on US Attorney firings
October 7, 2008
The US Court of Appeals for the District of Columbia Circuit on Monday stayed a district order requiring senior Bush administration officials to give the House Judiciary Committee information about the forced resignations of nine US attorneys. In July, a federal district judge rejected claims of ex....... [more]

Congress can restore proper balance among branches of government
October 3, 2008
Jessica Knight: The Senate Judiciary Committee recently held a hearing on restoring the rule of law to its rightful, central place in our system of government. It focused on the U.S. Constitution as the cornerstone document that supports all other laws, and the need for Congress to actively p....... [more]

Federal judge rejects White House privilege claims in Miers subpoena case
July 31, 2008
A judge in the US District Court for the District of Columbia Thursday rejected arguments that senior White House officials are protected from congressional subpoena by executive privilege, ruling that former White House legal counsel Harriet Miers must testify before a House committee regarding the....... [more]




WEBSITES

    Exec. Privilege Backgrounder [Brennan Center for Justice]

    Politics of Exec. Privilege [LOC - PDF]

    Exec. Privilege Report [CRS Report - PDF]

    History of Exec. Privilege [FindLaw]

    Exec. Privilege [Wikipedia]