Reading Room Document

Procedure for Claiming Executive Privilege

The document is a memorandum discussing the procedures for claiming Executive privilege and evaluating the practices of the past three administrations. The conclusions reached in the document are that Executive privilege should not be asserted without specific Presidential approval, and a screening process should be established to eliminate cases where the assertion of privilege would be clearly unwarranted. The document presents questions for review, such as whether the authority to invoke Executive privilege should be vested in the President or individual government witnesses, and the advantages and disadvantages of different methods of claiming Executive privilege. It also recommends a procedure for the invocation of Executive privilege, which includes consultation with the Attorney General and submission to the President for approval.

March 17, 1969