Reading Room Document
Administration's Policy on Assertion of Executive Privilege
This opinion examined past policies on executive privilege and concluded that the privilege “should be invoked only where necessary and only after a thorough inquiry into the actual need for doing so.” It also advised that the only the president should invoke the privilege directly. The opinion departed from the Nixon administration’s position on privilege and recommended a recalibration toward “greater harmony with Congress.”
The OLC's Opinions
Opinions published by the OLC, including those released in response to our FOIA lawsuit