Claiming Executive Privilege: Clinton Did It Too!

Executive Privilege Invoked For Two Aides
By Susan Schmidt
Washington Post Staff Writers
Saturday, March 21, 1998; Page A01

President Clinton has invoked executive privilege in an effort to keep two of his top aides from having to testify fully in independent counsel Kenneth W. Starr's investigation of the Monica S. Lewinsky matter, sources said yesterday.

A team of lawyers for the president, along with Starr and seven prosecutors, presented oral arguments during a closed hearing before U.S. Chief Judge Norma Holloway Johnson yesterday afternoon. Attorneys for Clinton also asserted the attorney-client privilege in their effort to prevent Starr from questioning White House aides, according to sources knowledgeable about the proceedings.

By claiming executive privilege, Clinton is setting the stage for a constitutional battle over the president's ability to protect the secrecy of his discussions with close advisers. The privilege was established on the theory that certain conversations should remain private to ensure the president receives candid and uncensored advice. But it is rarely invoked, and ultimately, if no compromise is reached, the disagreement could reach the Supreme Court and clarify what have long been imprecise rules governing president confidentiality.

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http://www.washingtonpost.com/wp-srv/politics/special/clinton/stories/privilege032198.htm

President Is Denied Executive Privilege
By Peter Baker and Susan Schmidt
Washington Post Staff Writers
Wednesday, May 6, 1998; Page A01

A federal judge has ruled that President Clinton cannot use the power of his office to block prosecutors from questioning his senior aides, rejecting Clinton's assertion of executive privilege in the Monica S. Lewinsky investigation, lawyers familiar with the decision said yesterday.

In a ruling issued under court seal Monday, Chief U.S. District Judge Norma Holloway Johnson concluded that independent counsel Kenneth W. Starr's need to collect evidence in his obstruction of justice probe outweighs Clinton's interest in preserving the confidentiality of White House discussions, the lawyers said.

The decision made Clinton the first president to take a claim of executive privilege to court and lose since the dramatic Watergate showdown in 1974, when the Supreme Court unanimously ordered Richard M. Nixon to turn over the secret Oval Office tapes that ultimately led to his resignation. Clinton's case also seems headed for the high court as sources indicated that the White House likely will appeal.

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http://www.washingtonpost.com/wp-srv/politics/special/clinton/stories/starr050698.htm