The NPR Politics Podcast

The Docket: What Is Executive Privilege And What Are Its Limits?

Nov 26, 2021
Dive into the intriguing concept of executive privilege as former President Trump cites it to shield communications from Congress regarding January 6th. Discover its historical roots dating back to Watergate and pivotal Supreme Court rulings. Explore the delicate balance between presidential confidentiality and accountability amid ongoing investigations. The discussion also touches on the evolving political landscape, showcasing how both parties navigate this complex legal terrain and the potential impact of the Supreme Court's conservative majority.
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ANECDOTE

Watergate Scandal

  • The Watergate scandal involved a break-in at the Democratic National Committee office and subsequent investigation of the Nixon administration.
  • This led to a Supreme Court case about executive privilege and Nixon's eventual resignation.
INSIGHT

Executive Privilege Established

  • Nixon's Supreme Court losses established executive privilege as a formal presidential power.
  • This power allows presidents to limit congressional oversight and keep communications confidential.
ANECDOTE

Nixon's Second Case

  • After resigning, Nixon tried to destroy remaining tapes and documents, leading to another Supreme Court case.
  • This case established that executive privilege can extend beyond a president's term.
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