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Executive Privilege

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A number of people have pointed to Charlie Savage’s great article on the responses of Presidential candidates to a bunch of questions about executive power. I’m really glad Savage asked these questions, as I’ve presented forms of these questions (specifically as it related to the underpinnings of Bush’s illegal wiretap program, which was put into place under Bill Clinton) to Hillary’s campaign and gotten no response.

That said, most of the questions either explicitly or implicitly ask candidates whether they repudiate certain of Bush’s acts, so I’m not sure they help Democratic voters distinguish between primary candidates. The exception is the question on Executive Privilege. Here are the Democrats’ answers on the the question addressing executive privilege.

Does executive privilege cover testimony or documents about decision-making within the executive branch not involving confidential advice communicated to the president himself?

Obama

With respect to the “core” of executive privilege, the Supreme Court has not resolved this question, and reasonable people have debated it. My view is that executive privilege generally depends on the involvement of the President and the White House.

Hillary

I fundamentally believe that our constitutional system depends upon each branch striving to accommodate the interests of the other, and the President should seek to accommodate legitimate congressional requests for information. I also believe in an open transparent government that fulfills its obligation to share as much information as possible with the public. But it is settled law that certain limited "communications made by presidential advisors in the course of preparing advice for the President, come under the presidential communications privilege, even when these communications are not made directly to the President."

Edwards

I support the constitutional separation of powers and the doctrine of executive privilege, as guided by judicial review. Unlike the current president, however, I will not invoke executive privilege merely to advance partisan ends. Read more →

Senator Dodd Tries to Save the Constitution

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Senator Dodd is on the Senate floor, explaining why, later today, he will filibuster immunity for the telecoms. Via email, here he is knocking down the claim that AT&T will go out of business if the suits go forward.

"State secrets," "patriotic duty"—those, as weak as they are, are the arguments the president’s allies use when they’re feeling high-minded! When their thoughts turn baser, they make their arguments in dollar signs.
 
Here’s how Mike McConnell put it:
 
"If you play out the suits at the value they’re claimed, it would bankrupt these companies. So…we have to provide liability protection to these private sector entities."
 
Mike McConnell is quickly becoming an accidental truth-teller! Notice how the president’s own Director of National Intelligence concedes that if the cases went to trial, the telecoms would lose. I don’t know if that’s true, Mr. President—but we can thank Adm. McConnell for telling us how he really feels.
 
Of course, it’s an exaggeration to claim that that these companies would surely go bankrupt, even if they did lose. Read more →