IRONY ALERT: Karl Rove Complains To Fox News About Obama's Assertion Of Executive Privilege
KARL ROVE, FOX NEWS CONTRIBUTOR: It's one thing to exert executive privilege over the actions of the President, and his aides, and the White House. It's another thing to exercise executive privilege with regard to aCabinet official, seemingly in a matter that according to the President up until now, had no connections with, no contact with, no communications with the White House. So I'm a little bit concerned about it. I think it's an overreach.
[...]
ROVE: This is a very long reach. I mean basically if the President is allowed to take the privilege that goes to the Executive Office of the President and extend it to a Cabinet department, then he can extend it to any branch of the government for any matter, even if there was no presidential or White House involvement. And I'm not certain that that's what the Founders thought about when they talked about executive privilege.
President Bush invoked executive privilege today for the first time in his administration to block a Congressional committee trying to review do ents about a decades-long scandal involving F.B.I. misuse of mob informants in Boston. His order also denied the committee access to internal Justice Department deliberations about President Bill Clinton's fund-raising tactics.
As noted by law professor Peter Shane, an expert on the separation of powers, executive privilege routinely encompasses "do ents generated anywhere in the executive branch":
Executive privilege is really an umbrella concept that encompasses a variety of privileges. History's most famous claim of executive privilege -- President Richard Nixon's unsuccessful attempt to withhold the "Watergate tapes" -- was an example of "presidential privacy" privilege. That privilege covers executive communications when the president is involved.
The executive branch, however, historically claims a much broader privilege, the so-called "deliberative privilege."
Deliberative privilege aims to protect do ents generated anywhere in the executive branch that embody only the executive's internal deliberations, not final policy decisions. The current dispute involves "deliberative privilege."
http://mediamatters.org/blog/201206210007

Reply With Quote
