David Kurtz takes a closer look at the real need for Executive Privilege;
Money quote;
As long as we're going to be discussing the parameters of executive privilege in the weeks and months ahead, can we start by revisiting the now commonly accepted notion that the President can only get free and unfettered advice if those giving the advice know it will remain confidential?
Presidents do have a strong interest in this principle. But the President's interest, in this instance, is not in line with the public interest. In fact, executive privilege offers the President and his advisers a perverse disincentive to look after the public interest. Isn't the prospect of public exposure of hare-brained ideas, controversial proposals, and malfeasance and misdeeds the very sort of incentive the public wants looming over the President and his advisers, a dagger of accountability?
The concoction of cover-ups, frauds, and misadventures in the White House over the last 35 years is precisely what should be exposed to public scrutiny. The logic, such as it is, for executive privilege would apply equally to governors, mayors, and officials at all levels of government. Yet we don't usually grant such broad privileges to other government officials.
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