Congressional Oversight vs. Executive Privilege

Federalism & Separation of Powers Practice Group

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The concepts of Congressional Oversight and Executive Privilege both have a long history in the government of the United States. But where is the dividing line when Congress demands information, whether for executive branch documents or the compelled testimony of executive branch officials, and the President and his appointees claim Executive Privilege? What is the legal test used to determine when a claim of Executive Privilege is appropriate and when it is not? Under what circumstances is this a political question and under what circumstances is this a question which the courts may address?

Panelists Include:

  • Mr. Chris Bartolomucci, Hogan & Hartson
  • Mr. Douglas R. Cox, Gibson, Dunn & Crutcher
  • Hon. Walter E. Dellinger III, O'Melveny & Myers and Former Interim United States Solicitor General
  • Dr. Louis Fisher, Constitutional Law Specialist, Law Library of the Library of Congress
  • Mr. M. Edward Whelan III, President, Ethics and Public Policy Center (Moderator)