HomePoliticsThe 2024 Executive Power...

The 2024 Executive Power Survey – Executive Secrecy


2024 Executive Power Survey

Where the Presidential Candidates Stand on Executive Secrecy

Presidents of both parties have claimed that executive privilege applies not only to their own internal White House communications, but also to internal deliberations within government departments and agencies that do not involve the president.

Does executive privilege extend to agency deliberations that did not involve the White House? Does Congress have legitimate constitutional authority to issue subpoenas compelling disclosure of information about potential wrongdoing?

I have long believed in the importance of Congress’s oversight power in informing legislation, and also in holding the executive branch accountable. Yet, I also recognize the importance of the longstanding executive branch interest in maintaining the confidentiality of certain documents that do not directly involve the White House, including documents generated in the course of the deliberative process.

In the vast majority of cases, any tension between those two interests can be resolved through the long-recognized accommodations process, and I have directed members of my administration to aggressively engage in that process in order to reach agreement with Congress regarding its legitimate requests whenever possible.

Headshot of Robert F. Kennedy Jr.

Assertion of executive privilege is qualified, not absolute. The “necessary and proper” clause of the U.S. Constitution, Article I, Section 8, reified in McCulloch v. Maryland 17 U.S. (4 Wheat.) 316 (1819) extended Congress’s enumerated powers into the realm of implied powers. See also Watkins v. United States and Barenblatt v. United States with respect to congressional investigative powers. However, Congress does not have the power to vitiate the First, Fourth, Fifth Amendments.

Since I am in favor of bringing more transparency to government, I would do my best to cooperate with all reasonable requests by Congress.

Headshot of Marianne Williamson

Unlike the express “speech or debate” clause privileging congressional deliberations, executive privilege is a constitutionally atextual and substantially invented concept vis-à-vis Congress. The Supreme Court has never sustained the privilege regarding congressional oversight of the executive, and the House Judiciary Committee voted for an article of impeachment against President Nixon for resisting a congressional subpoena.

Congressional oversight of the executive branch, including the investigation of crime or other wrongdoing, has been legitimate at least for a century, beginning with the Teapot Dome scandal and the Supreme Court’s decisions in Sinclair v. United States and McGrain v. Daugherty.

Headshot of Asa Hutchinson

Executive privilege is a crucial tool to protect sensitive communications within the executive branch, especially those involving the president and close advisers. I would consult with my White House counsel and Department of Justice to determine further application of executive privilege.

Congress has legitimate constitutional authority to issue subpoenas and conduct oversight investigations, but there must be common sense and constitutional limits. Just as the president should not interfere with specific ongoing criminal cases being investigated by the F.B.I., Congress should be limited to policy oversight and not influencing the outcome of a particular case.

Headshot of Mike Pence

While Congress does have legitimate legal authority to issue subpoenas compelling disclosure of information, it has often abused this power. George Washington appropriately invoked executive privilege to protect against disclosure of the executive’s internal deliberations on the Jay Treaty, including communications that did not directly involve the president, and courts have recognized that executive privilege serves important separation-of-powers interests.

In precedent-setting litigation, I successfully invoked the “speech or debate” clause, a parallel authority that applied to Congress, against the Biden Justice Department to protect my internal deliberations with my staff as president of the Senate.

Headshot of Francis Suarez

I will uphold the scope and substance of executive privilege claimed by my predecessors. While the subpoena power is an important tool for Congress, it must be balanced against the constitutional prerogatives of the president in order to maintain the separation of powers.

Headshot of Doug Burgum

Has not responded to this question.

Headshot of Chris Christie

Has not responded to this question.

Headshot of Ron DeSantis

Has not responded to this question.

Headshot of Nikki Haley

Has not responded to this question.

Headshot of Will Hurd

Will Hurd

Former United States representative

Has not responded to this question.

Headshot of Vivek Ramaswamy

Has not responded to this question.

Headshot of Tim Scott

Has not responded to this question.

Headshot of Donald J. Trump

Has not responded to this question.



Source link

Most Popular

LEAVE A REPLY

Please enter your comment!
Please enter your name here

More from Author

Read Now

Team India Squad for T20 World Cup 2024 Announced: Here’s India’s official team for T20 WC – Republic World

India T20 World Cup squad announcement | Image:APTeam India's squad for the upcoming ICC T20 World Cup 2024 has been announced. On Tuesday, the selection committee led by chief selector Ajit Agarkar convened in Ahmedabad and zeroed in on a 15-member unit, which they deem is the...

Justice Minallah says state has to protect judges, independence of judiciary

Justice Athar Minallah on Tuesday said the state had to protect the judges and the judiciary’s independence as the Supreme Court took up a suo motu case pertaining to allegations of interference in judicial affairs.A six-member bench resumed...

Stock futures slip slightly as investors look ahead to Fed decision, megacap earnings: Live updates

Traders work on the floor of the New York Stock Exchange during morning trading on February 29, 2024 in New York City. Michael M. Santiago | Getty ImagesU.S. stock futures fell slightly Tuesday morning after a positive start to the week, as investors brace for megacap earnings,...

Europe’s Economic Laggards Have Become Its Leaders

Something extraordinary is happening to the European economy: Southern nations that nearly broke up the euro currency bloc during the financial crisis in 2012 are growing faster than Germany and other big countries that have long served as the region’s growth engines.The dynamic is bolstering the...

Trump’s Plans for the Fed Make No Sense, Even for Him

A second Trump administration might be very different from the first, and that includes how the president treats the Fed. Donald Trump complained a lot about the US Federal Reserve when he was president, jawboning for lower interest rates and questioning its competence. Yet at the...

Police to launch raids to find migrants to deport to Rwanda, Cabinet Minister claims

Police will mount raids to find missing migrants so they can be deported to Rwanda, a Cabinet minister has said.Health Secretary Victoria Atkins was commenting on reports that the Home Office has lost contact with thousands of people who are set to be removed from the...

The French #Metoo Scandal Unraveling in Weinstein’s Shadow

French actor Gérard Depardieu was ordered to stand trial for allegedly sexually assaulting two women on a film set three years ago, marking the latest legal escalation for the 75-year-old movie star who has become a central figure in France’s #MeToo movement.The announcement coincides with a...

Hong Kong Bitcoin and Ether ETFs Have Soft Debut

Please note that our privacy policy, terms of use, cookies, and do not sell my personal information has been updated.CoinDesk is an award-winning media outlet that covers the cryptocurrency industry. Its journalists abide by a strict set of editorial policies. In November 2023, CoinDesk was acquired...

Customization Overview | Halo Infinite CU32

Operation: Banished Honor arrives on April 30 and you’re gonna want to look the part! After all, the Banished welcome all who pledge their service to Atriox, and your new allegiance and mindset demands a new outfit, so let’s find out more about the customization that...

T20 World Cup 2024 Squads: From India To Australia, Check Here Team-Wise Full Players List, Venues, Fixture, Timings And More

ICC T20 World Cup 2024 Cricket Matches Full Schedule: The T20 World Cup 2024 promises to be an exhilarating showcase of cricketing talent from around the globe. With teams from various nations competing for the prestigious title, fans can expect intense matches filled with thrilling moments...

How the Twins’ summer sausage celebration got made: It sparked the offense, but should they eat it?

CHICAGO — With Abe Froman unavailable, I called sausage expert Elias Cairo to address Rocco Baldelli’s concerns about a potentially hazardous pre-encased meat currently residing in the Minnesota Twins clubhouse.Nearly a week after it arrived and with the package showing visible signs of wear, tear and...