Definition
Executive privilege protects some presidential and executive communications from disclosure, especially where confidentiality supports candid advice, diplomacy, national security, or law enforcement.
Political Dictionary
Executive Privilege
Executive privilege is the claimed authority to withhold certain executive-branch communications.
Why It Matters
It balances executive confidentiality against congressional oversight, judicial needs, and public accountability.
How It Works
The executive asserts the privilege, and disputes may be negotiated or litigated. The privilege is not absolute.
History
Presidents asserted forms of the privilege from the founding era. The Supreme Court recognized a qualified privilege in United States v. Nixon.
Example
A president may resist disclosure of confidential adviser discussions during a congressional investigation.
Common Misconceptions
- Executive privilege is explicitly named in the Constitution.
- It blocks every subpoena.
- Only presidents may invoke any form of executive confidentiality.
Related Terms
Related Topics
See Also