Biden, Trump Test Executive Privilege With Claims

The 2024 election cycle has reignited debates surrounding presidential power and the level of independence the executive branch enjoys from other branches of government. One issue that has come under scrutiny is executive privilege, which pertains to the president’s ability to withhold communications from other branches. This has been a contentious topic, not just for President Joe Biden but also for former President Donald Trump. The concept behind executive privilege is that presidents should have the freedom to speak candidly with advisers without fear of retaliation over the content of their comments. According to W. Burlette Carter, a law professor at George Washington University, executive privilege is designed to provide presidents with the broadest possible freedom to speak and act in pursuit of the public good. Carter explained via email to The Epoch Times, “Executive privilege is designed to allow presidents the broadest freedom to speak and act in the presidency in pursuit of the public good.” However, opponents of executive privilege argue that this freedom can be abused. Withholding communications can have negative implications on the accountability and transparency of the executive branch. Critics believe that executive privilege could be used as a shield for presidents to hide any wrongdoing or malfeasance. The controversy over executive privilege dates back to the Nixon administration, where Nixon asserted it during the Watergate scandal. Nixon’s claim of executive privilege was challenged, and the Supreme Court ultimately ruled in United States v. Nixon that the privilege was not absolute and could not be used to block the subpoena of evidence in a criminal case. In recent years, executive privilege has become a topic of controversy once again. For example, during Trump’s presidency, he claimed executive privilege in several instances, such as when the House Judiciary Committee subpoenaed documents related to the Mueller investigation. However, Trump’s use of executive privilege was met with widespread criticism and ultimately did not prevent certain documents from being released to Congress. Now, with the Biden presidency in full swing, executive privilege is once again in the spotlight. A recent report from the Department of Justice’s Office of Legal Counsel (OLC) stated that President Biden could claim executive privilege to prevent certain documents related to the January 6th Capitol riot from being released to Congress. However, the OLC report did not provide a definitive answer on whether executive privilege should be asserted in this specific instance. Executive privilege is just one of many debates surrounding presidential power. The 2024 election cycle will likely continue to reignite discussions about presidential independence and accountability. As Carter explained, “Presidents must weigh in on several issues beyond just the interests of the elected administration, such as national security and certain foreign relations, but where to draw the line in these situations is not always clear.” In conclusion, executive privilege has been a contentious issue for decades, with valid arguments presented on both sides. Supporters of the privilege argue that it is necessary to ensure that presidents can speak candidly with advisers without fear of reta liation. However, opponents believe that the privilege can be abused and used to protect wrongdoing. With the 2024 election cycle approaching, debates surrounding presidential power and accountability are expected to continue