What is the law on 'Executive Privilege' and how
did Obama view it's use
'before' He himself invoked it?
One thing executive privilege can’t accomplish for Eric Holder is hiding his Department’s wrongdoing. Richard Nixon got that scolding from the Supreme Court in 1974 in the case named United States v. Nixon.
In that case, the Supreme Court held ..
"Neither the doctrine of separation of powers nor the need for confidentiality of high-level communications, without more, can sustain an absolute, unqualified Presidential privilege of immunity from judicial process under all circumstances."/quote]
Executive privilege cannot be used to cover up criminal wrongdoing, such as lying to Congress.
http://en.wikipedia.org/wiki/United_States_v._Nixon
In the Nixon case, the subpoenas came from a court, not from Congress. Congress arguably has more power than does a court to get to the bottom of matters involving governmental action.
This administration has not respected congressional oversight powers going back to the New Black Panther dismissal.
“Let me say as simply as I can, transparency and the rule of law will be the touchstones of this presidency. I will also hold myself as president to a new standard of openness…But the mere fact that you have the legal power to keep something secret does not mean you should always use it.â€
- Senator Barack Obama, 2008
“You know, there's been a tendency on the part of this administration to -- to try to hide behind executive privilege every time there's something a little shaky that's taking place. And I think, you know, the administration would be best served by coming clean on this. There doesn't seem to be any national security issues involved with the U.S. attorney question... I think the American people deserve to know what was going on there.â€
- Senator Barack Obama, 2008
“There may be a situation here in which a serious mistake was made and if that’s the case we will find out and hold someone accountable."
- President Barack Obama, 2011
