Morning Jolt: Why Do We Have Executive Privilege?

June 13 2017

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Why Do We Have Executive Privilege?

Jim Geraghty

When Attorney General Jeff Sessions appears before the Senate Select Committee on Intelligence today, he may cite executive privilege to avoid answering certain questions. You can expect congressional Democrats and their allies in the media to scream bloody murder about this, and contend this is an inappropriate claim to this power.

Why do we have executive privilege?

It's been invoked going all the way back to George Washington; President Dwight Eisenhower summarized it pretty simply: "Any man who testifies as to the advice he gave me won't be working for me that night." The theory behind this unique presidential power is simple: the president needs the best advice possible, and this means both the president and his advisers need to be able to speak to each other and discuss matters of state with confidentiality. Sometimes the right course of action is not the popular one; those who speak to the president may not want their actual perspective revealed to the public.

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