POLITICS

10 Presidents Who Invoked Executive Privilege in Recent History

Updated: June 20, 2012 | 2:37 p.m.
June 20, 2012 | 11:00 a.m.

1. Kennedy

Ap Photo

President Kennedy invoked the privilege twice. The first time was in reference to speeches requested by a Senate subcommittee investigating Cold War military education. Then, during a congressional investigation into the Bay of Pigs, he directed military adviser General Maxwell Taylor not to testify.

2. Johnson

AP Photo

Three instances occurred during Johnson's presidency in which executive branch officials refused to supply testimony or information involving presidential actions. President Johnson, however, did not invoke the privilege himself nor did the officials claim that president ordered their actions.

3. Nixon

AP Photo/Charlie Tasnadi

President Nixon asserted the privilege six times. Half of the instances occurred with respect to the Watergate scandal.

4. Ford

AP Photo

Under President Ford, Secretary of State Henry Kissinger was directed to withhold subpoenaed documents relating to State Department recommendations to the National Security Council on covert affairs.

5. Carter

AP Photo/Barry Thumma

President Carter invoked executive privilege to thwart an attempt by the General Accounting Office to investigate the claim that a coal strike could result in 3.5 million jobs lost if not resolved. GAO called the claim "interesting if true."

6. Reagan

AP PHOTO

Reagan ordered executive officials to invoke the privilege three times with respect to an investigation of Canadian oil leases, Superfund practices, and memos that Supreme Court Justice William Rehnquist wrote while he was an assistant attorney in the Justice Department.

7. George H. W. Bush

AP Photo/Doug Mills

President Bush directed Defense Secretary Dick Cheney not to comply with a congressional subpoena for documents related to a Navy aircraft program.

8. Clinton

AP Photo/Doug Mills

It's not completely clear how many times Clinton formally invoked or directed an official to invoke privilege, because the president ended the policy of putting orders in writing. Clinton was, however, the only president since Nixon to claim executive privilege and lose in court. This occurred when a federal judge ruled that aides could be called to testify in the Monica Lewinsky trial.

9. George W. Bush

AP Photo/LM Otero

President Bush's most notable executive privilege claim was in August 2007. In what was his fourth claim in approximately a month, Bush rejected a subpoena that would have required White House adviser Karl Rove to testify before the Senate Judiciary Committee concerning U.S. attorneys fired by the administration.

10. Obama

AP Photo/Susan Walsh

The White House granted executive privilege to Attorney General Eric Holder over confidential documents related to "Fast and Furious."

In 2007, Obama accused Bush of hiding behind the power of executive privilege. The video can be seen below.

Want to stay ahead of the curve? Sign up for National Journal’s AM & PM Must Reads. News and analysis to ensure you don’t miss a thing.

Leave A Comment
The National Journal Group has the right (but not the obligation) to monitor the comments and to remove any materials it deems inappropriate.
Comments powered by Disqus
Follow National Journal
Latest on Membership
Weekly Update National Journal Toolbox 5-16-13
May 16, 2013
Presentation Center No Partisans at the Pump
May 23, 2013
Expert Opinions
Energy Experts

What's at Stake with Natural-Gas Exports?

7:32 a.m.

Latest Response by Margo Thorning: Capitalize on Robust U.S. Natural Gas Sources

Energy Experts

What's at Stake with Natural-Gas Exports?

7:29 a.m.

Latest Response by Marty: Pick Up the Pace on Export Approvals

Energy Experts

What's at Stake with Natural-Gas Exports?

7:26 a.m.

Latest Response by Jonathan Silver: Nat Gas: Exports are Not the Only Issue

More Expert Opinions »
Columns
Charlie Cook: The Cook Report

Republicans Should Go Easy on Obama, At Least in Public

May 16, 2013
As a tactical matter, a subterranean campaign will score more direct hits on the president.
Ronald Brownstein: Political Connections

How the White House Scandals Could Hurt Republicans, Too

May 16, 2013
By enraging the base and strengthening the faction least willing to compromise with Obama, the IRS and Benghazi affairs could hurt a GOP shot at the presidency.
Norm Ornstein: Washington Inside Out

Eric Cantor’s Caucus Thwarts His Push for an Alternative Agenda

May 16, 2013
Cantor has learned that the tea-party movement he helped foster won’t fall in line behind his efforts to push an alternative conservative agenda.
More Columns »