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Essay / The granting of executive privilege has been extremely controversial since the United States' beginnings as a democratic government. Many saw this power coming to greater public attention, particularly during the Nixon presidency and the infamous Watergate scandal, but the theory and use of executive privilege existed long before Nixon. As is the case in America, some argue in favor of executive privilege, while others see it in a more negative light. The intense controversy is what makes executive privilege so interesting to examine in deeper analysis. The theory of executive privilege gained its power through the evolution of time, a series of presidencies, and a number of specific circumstances that gave rise to some very notorious court cases. First, to understand examples of executive privilege, the concept itself must be defined. . Although there are different definitions of executive privilege, they are all ultimately quite similar. By one definition, executive privilege is “the right of the executive to withhold information from Congress or the judiciary—and thus, indirectly, from the people” (Magi 561). Another, very similar, definition is: “an implied power that allows presidents and senior executive branch officials to withhold information from Congress, the courts, and ultimately the public” (Rozell 550). Both definitions note that executive privilege involves withholding information from the other two branches of government and, ultimately, from the people as well. Sometimes it also involves the executive refusing a request to appear before the judiciary or legislature (Holt 237). However, most executive privilege conflicts are collisions of powers and will cause some sort of debate or argument, and perhaps even a legal dispute. Executive privilege has existed since Washington's first term as the first official president of the United States. During Washington's presidency, he set the stage for the use of executive privilege that would evolve over time into something far greater than its original purpose. Clinton and Nixon used executive privilege in a broader sense than Washington, and later Jefferson. They used executive privilege to cover up their wrongdoing and illegal activities. The outcome of the Nixon trial led to the formal recognition of executive privilege as a power vested in the president and other executive officials, but it also noted that the power of executive privilege does not outweigh the need to key information in a criminal investigation..
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