Executive Privilege: the With-holding of Information by the Executive: Hearing Before the Subcommittee on Separation of Powers...92-1, on S. 1125, July 27, 28, and 29; August 4, 5, 1971
1971 - 635 pages
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accompanying action administration affairs agency appear appropriate Army asked asserted assistance Attorney authority believe bill Chairman claim committee communications concerning conduct confidential Congress congressional constitutional course Court decision Defense Department determine direct disclosure discussion documents duty effect example executive branch executive privilege exercise fact Federal files foreign functions furnish give given going head hearings House important individual inquiry interest invoked involved issue judicial Justice legislative letter limited material matter means ment military necessary operations opinion planning political position practice present President President's problem Professor protection question reason records referred refusal relations Representatives request respect responsibility secrecy secret Secretary Senator Ervin staff statement statute subcommittee supra thing tion treaty United Washington withhold witness
Page 24 - House shall exercise continuous watchfulness of the execution by the administrative agencies concerned of any laws, the subject matter of which is within the jurisdiction of such committee; and, for that purpose, shall study all pertinent reports and data submitted to the House by the agencies in the executive branch of the Government.
Page 563 - 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.
Page 539 - ... (B) statements of the general course and method by which its functions are channeled and determined, including the nature and requirements of all formal and informal procedures available; (C) rules of procedure, descriptions of forms available or the places at which forms may be obtained, and instructions as to the scope and contents of all papers, reports, or examinations...
Page 564 - 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 539 - Except to the extent that a person has actual and timely notice of the terms thereof, a person may not in any manner be required to resort to, or be adversely affected by, a matter required to be published in the Federal Register and not so published.
Page 107 - He shall, from time to time, give to the General Assembly information of the state of the Commonwealth, and recommend to their consideration such measures as he may judge expedient.
Page 25 - All departments and establishments shall furnish to the comptroller general such information regarding the powers, duties, activities, organization, financial transactions, and methods of business of their respective offices as he may from time to time require of them; and the comptroller general, or any of his assistants or employees, when duly authorized by him, shall for the purpose of securing such information have access to and the right to examine any books, documents, papers, or records of...
Page 516 - The legislative department derives a superiority in our governments from other circumstances. Its constitutional powers being at once more extensive, and less susceptible of precise limits, it can, with the greater facility, mask, under complicated and indirect measures, the encroachments which it makes on the co-ordinate departments.
Page 428 - ... to satisfy the court, from all the circumstances of the case, that there is a reasonable danger that compulsion of the evidence will expose military matters which, in the interest of national security, should not be divulged. When this is the case, the occasion for the privilege is appropriate, and the court should not jeopardize the security which the privilege is meant to protect by insisting upon an examination of the evidence, even by the judge alone, in chambers.
Page 135 - The rationale of the criminal cases is that, since the Government which prosecutes an accused also has the duty to see that justice is done, it is unconscionable to allow it to undertake prosecution and then invoke its governmental privileges to deprive the accused of anything which might be material to his defense.