HeinOnline has introduced yet another new database into its robust lineup of historical and government documents. Its newest database, Executive Privilege, examines this implied presidential power most frequently invoked in the name of national security. Executive privilege refers to the right of the president to retain the confidentiality of certain information, even in light of subpoenas and other oversight measures that might be implemented by members of the legislative and judicial branches of government. The use of the privilege can be traced back to George Washington, but throughout our nation’s history, there have been some notable examples of the assertion of executive privilege. Perhaps the most famous use of the privilege was by President Richard Nixon who invoked it in response to a congressional request during the Watergate investigation for audiotapes of conversations that took place in the Oval Office. More recently, President Donald Trump asserted the privilege with respect to documents and testimony during the investigation into Russian interference with the 2016 election. Other presidents to invoke the privilege include Dwight D. Eisenhower (Army-McCarthy hearings), Bill Clinton (Monica Lewinsky scandal), George W. Bush (forced resignation of certain U.S. Attorneys), and Barack Obama (gunwalking operation of Bureau of Alcohol, Tobacco, and Firearms).
The Executive Privilege database consists of documents and scholarly articles detailing the use of the privilege. Users can browse the documents by title, author, governmental branch, controversy, presidential administration, and the basis of the privilege. Examples of controversies include: 2020 Census, the Burr Conspiracy, Operation Fast and Furious, Presidential Tax Returns, Security Clearances, and Whitewater. The database features documents from administrations as early as that of Presidents Thomas Jefferson and James Monroe to as recent as Presidents Obama and Trump. Users of the Executive Privilege database can narrow their searches to the particular grounds upon which U.S. Presidents have invoked the privilege, such as immunity, presidential communications, state secrets, deliberative process, and others. Researchers can also find scholarly articles from law reviews and journals discussing the use of the executive privilege and its place in the scheme of separation of powers.
For information on acquiring remote access to HeinOnline, check out this blog post from September 15, 2020.