Executive Privilege or Punishment? The Need to Define Legitimate Invocations and Conflict Resolution Techniques
Doherty, Mark P.
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This comment describes justifications for the doctrine of executive privilege and then examines various arguments against its legitimacy and use. This comment then reflects on several historical invocations of the privilege and the ensuing public, political, and judicial reactions. Finally, the author suggests that Congress implement guidelines for legitimate invocations of the executive privilege and outlines an effective system to safeguard this constitutional executive prerogative.