Reading Room Document

Executive Privilege

The document discusses the concept of executive privilege and its historical basis, as well as the problems faced by the Executive Branch in responding to congressional demands for information. It concludes that the lack of coordination, clear rules, and belligerence from some members of Congress are the primary issues. The document presents two possible approaches to address these problems: adopting a firmer attitude towards executive privilege or reissuing the Nixon Memorandum as the "Reagan Memorandum" with modifications and improvements. The questions presented for review include the need for clearer legal rules to guide decision-making, the lack of coordination in responding to congressional demands, and the potential political damage of adopting a firmer attitude towards executive privilege.

October 9, 1981