Does the shielding provided by Executive Privilege...

[LanternWaste]

Does the shielding provided by Executive Privilege carry over from one administration to the next? In other words, if a current member of the Executive Staff is being shielded by executive privilege in the here and now, will that privilege still exist when Sen. Obama becomes President?

Is it up to the discretion of the sitting President? :shrug:




Thank in advance and sorry-- I obviously skipped a few days of my government class in HS to make out with a girl wearing a fuzzy pink sweater and Gloria Vanderbilt's-- I had priorities, you know :P

[Tandalayo_Scheisskopf]

1. Fuzzy Pink Sweaters and GV's...

when properly filled, always trump government.

[Igel]

2. Interesting question.

Since the courts avoid the entire issue, it's one that'll probably never be properly addressed. It's a political, not a legal, issue.

I'd argue that it should carry over, for two reasons.

First, if the goal is to ensure that a president gets unfettered, uninhibited advice, which often includes insane scenarios that are rejected but which have to be considered, or which might mean people offer suggestions that would be embarrassing in many ways if it were known who suggested them, there's little difference in having that information come out weeks or years later. Assuming the person's still alive and engaged in similar kinds of professional activities.

Second, while executive privilege isn't in the Constitution, it seems to be modelled in some ways on the Constitutional provision granting legislative papers (etc.) privilege from search and seizure. Does the privilege expire when a bill is finalized, and the papers no longer "strategic" but merely historical? How about when the Congressional session is over? Or perhaps when the Congressperson's out of office? No, s/he can make the papers public, but they stay confidential for a while.

This is a different argument from saying that everything squeezed under the mantle of "executive privilege" properly belongs there. While this is an absurdly obvious--even a ridiculously trite--point, for some reason I thought it necessary to point it out.

[LanternWaste]

3. It's no where to be found!

I've pretty much came across your points whilst looking for the answer (except for your second paragraph...)

And dammit-- the answer no where to be found!


"This is a different argument from saying..."
Quite. That *was* the topic of convo at the old Waste Apartment last night and thus led us down the path of the question I posed. I may have to dust off some old college text-books, but even then I'll be surprised if I stub my foot on an answer.

[dkofos]

4. No. Only the repubes get to claim Executive Privilege.

But they are allowed to wiretap the corporations, media, lobbyists,
and the RNC. I guess we have to thank bush for this.