Executive Privilege--secrecy in Government: Hearings Before the Subcommittee on Intergovernmental Relations of the Committee on Government Operations, United States Senate, Ninety-fourth Congress, First Session on S. 2170, S. 2378, S. 2420, September 29 and October 23, 1975
United States. Congress. Senate. Committee on Government Operations. Subcommittee on Intergovernmental Relations
U.S. Government Printing Office, 1976 - Executive privilege (Government information) - 647 pages
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action administration agency amendment appear applicable appropriate assertion Attorney authority bill Chief claim Committee communications concerning conclude conduct confidentiality Congress congressional constitutional counsel course criminal decide decision Department determine direct disclosure discretion discussion District Court documents duty effect enforcement established evidence executive branch executive privilege exercise fact Federal foreign function give given grand jury hearings held House impeachment important inquiry involved issue Judge judicial Judiciary jurisdiction Justice legislative letter limited material matter means ment necessary Nixon opinion particular political possible practice present President presidential principle procedure produce Professor protect public interest question reasons records refused relating reports request resolution respect responsibility rule Secretary secrets Senate Senator MUSKIE separation of powers Special Prosecutor specific statement statute Subcommittee subpoena Supreme Court tapes testimony tion United Washington withhold
Page 448 - Whoever, being an officer or employee of the United States or of any department or agency thereof, publishes, divulges, discloses, or makes known in any manner or to any extent not authorized by law...
Page 466 - No department, agency, or official exercising any functions under this Act shall publish or disclose information obtained hereunder which is deemed confidential or with reference to which a request for confidential treatment is made by the person furnishing such information unless the head of such department or agency determines that the withholding thereof is contrary to the national interest.
Page 119 - ... [T]he very nature of executive decisions as to foreign policy is political, not judicial. Such decisions are wholly confided by our Constitution to the political departments of the government, Executive and Legislative. They are delicate, complex, and involve large elements of prophecy. They are and should be undertaken only by those directly responsible to the people whose welfare they advance or imperil. They are decisions of a kind for which the Judiciary has neither aptitude, facilities nor...
Page 220 - It is important, likewise, that the habits of thinking in a free country should inspire caution, in those intrusted with its administration, to confine themselves within their respective constitutional spheres, avoiding in the exercise of the powers of one department to encroach upon another. The spirit of encroachment tends to consolidate the powers of all the departments in one, and thus to create, whatever the form of government, a real despotism.
Page 528 - Deciding whether a matter has in any measure been committed by the Constitution to another branch of government, or whether the action of that branch exceeds whatever authority has been committed, is itself a delicate exercise in constitutional interpretation, and is a responsibility of this Court as ultimate interpreter of the Constitution.
Page 221 - The head of each department is authorized to prescribe regulations not inconsistent with law, for the government of his department, the conduct of its officers and clerks, the distribution and performance of its business, and the custody, use, and preservation of the records, papers, and property appertaining to it.
Page 333 - House, or any joint committee established by a joint or concurrent resolution of the two Houses of Congress, or any committee of either House of Congress, wilfully makes default, or who, having appeared, refuses to answer any question pertinent to the question under inquiry...
Page 620 - Congress shall make no law . . . abridging the freedom of speech, or of the press; or the right of the people ... to petition the Government for a redress of grievances.
Page 17 - The power of the Congress to conduct investigations is inherent in the legislative process. That power is broad. It encompasses inquiries concerning the administration of existing laws as well as proposed or possibly needed statutes. It includes surveys of defects in our social, economic or political system for the purpose of enabling the Congress to remedy them. It comprehends probes into departments of the Federal Government to expose corruption, inefficiency or waste.
Page 517 - Absent a claim of need to protect military, diplomatic or sensitive national security secrets, we find it difficult to accept the argument that even the very important interest in confidentiality of Presidential communications is significantly diminished by production of such material for in camera inspection with all the protection that a District Court will be obliged to provide.