executive Privledge

Definition

Presidential privilege that exempts them from divulging information communicated between them and their executive staff. Is based in an assumption of confidentiality rights.

Explanation

this idea is also based in the separation of powers and statecraft, and to prevent officials digging around in other branches. Advisors need to be confident that they can give the President their candid advice.

Significance

this idea was heavily criticized and challenged during the Watergate scandal, and the SCOTUS decided against executive privilege. They acknowledged that while there is a sound basis for this privilege, the president has no absolute rights to it.

Example

Nixion withholding Oval Office audio tapes during Watergate (challenged in US v. Nixon), and Nixon impoundment of funds which led to the budget and impoundment control act of 1974