IP: RE: Bush envokes executive privilege

[David Farber <dave () farber net>]

> From: "Falk, Donald M." <DFalk () mayerbrown com>
> To: <farber () cis upenn edu>
>
> Without having any insight into what was requested and what was
> withheld, and whether as a consequence this was a sensible exercise of
> executive privilege, any president who was afraid to assert executive
> privilege as to documents reflecting decision-making processes about
> criminal investigations would not be up to the job.  That is core
> executive privilege material, and the tradition of withholding similar
> material goes back well before Reagan.  The privilege for this kind of
> deliberative material is rooted in the constitutional separation of
> powers (which, of course, may collide with the constitutional system of
> checks and balances).  Memory fails now -- I would have known 10 years
> ago -- but I think Washington and I'm fairly sure Jefferson asserted
> executive privilege in similar circumstances.  That is not to say that
> Presidents don't waive the privilege when appropriate, and it may be
> appropriate to do so here.
>
> Donald M. Falk
> Mayer, Brown & Platt
> 555 College Avenue
> Palo Alto, California 94306
> 650.331.2030
> 650.331.2060 (fax)
>
> Be sure to check out www.appellate.net

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