The Executive's Privilege

Research output: Contribution to journalArticle

1 Scopus citations

Abstract

Both the executive branch and Congress claim the final word in oversight disputes. Congress asserts its subpoenas are legally binding. The executive branch claims the final authority to assert executive privilege and, accordingly, to refuse to comply with a subpoena without consequence. These divergent views stem in large part from the relative absence of any judicial precedent, including not a single Supreme Court decision on the privilege in the context of congressional oversight. In that vacuum—unconstrained by precedent—the executive branch has developed a comprehensive theory of executive privilege to support and implement prophylactic doctrines that render Congress largely powerless in oversight disputes.

Original languageEnglish
Pages (from-to)1-91
Number of pages91
JournalDuke Law Journal
Volume70
Issue number1
StatePublished - Oct 2020

Bibliographical note

Publisher Copyright:
Copyright © 2020 Jonathan David Shaub.

ASJC Scopus subject areas

  • Law

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