§ 42.05 Executive Privilege

• Jurisdiction: United States

§ 42.05 Executive Privilege

In United States v. Nixon,⁴⁵ the Supreme Court recognized a limited presidential privilege, although it also found that the privilege had to give way in that case: "In this case we must weigh the importance of the general privilege of confidentiality of Presidential communications in performance of the President's responsibilities against the inroads of such a privilege on the fair administration of criminal justice. The interest in preserving confidentiality is weighty indeed and entitled to great respect. However, we cannot conclude that advisers will be moved to temper the candor of their remarks by the infrequent occasions of disclosure because of the possibility that such conversations will be called for in the context of a criminal prosecution."⁴⁶

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Notes:

^[45] 418 US. 683 (1974).

^[46] Id. at 711-12. See also In re Sealed Case, 121 F.3d 729 (D.C...