The term executive privilege is defined by the Columbia Encyclopedia,
Sixth Edition (2001) as the "exemption of the executive branch of
government, or its officers, from having to give evidence, specifically, in
U.S. law, the exemption of the president from disclosing information to
congressional inquiries or the judiciary." That's a fairly broad
definition because there is no explanation of what information need not be
disclosed, and, in fact, determining that has often been a matter for the
courts. The same source notes that claims of executive privilege are
usually invoked to protect confidential or diplomatic operations and may
also be involved to protect the private discussions between the president
and his close aides. Although the courts have been inclined to support
claims of executive privilege, those claims are often not honored when it
is a case that is or might become criminal, such as that of President
Richard M. Nixon invoking executive privilege after the Watergate break-in.
Another area that often causes the courts to refuse claims of executive
privilege is when an investigation is leading toward an impeachment, as
with Bill Clinton. (Columbia Encyclopedia, 2001)
The way the claim of executive privilege is being used during the
Bush administration makes it seem that the concept is little more than the
Fifth Amendment for those in high political office regarding what they've
done that the American public might have a legitimate need to know. In
short, the way it has been invoked lately has made it appear that the
administration wants some protection from self-incrimination.
While many observers note that the Bush administration operates in
secrecy, a report a year and a half ago in Presidential Studies Quarterly
noted that "even before September 11, 2001, the administration had sought
to limit press and public access to some information, includin...