Katie Couric's Notebook: Executive Privilege
We've been hearing a lot about "executive privilege" this week. And it has a long and interesting history.
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All Blog Posts from Couric & Co.
Read all 'executive privilege' posts in Couric & Co.
July 13, 2007 5:23 PM
July 11, 2007 10:38 AM 
Lawyer Andrew Cohen analyzes legal affairs for CBS News and CBSNews.com.
I had a bad day at the Legal Analysis Office Tuesday and since we are all about openness here at CBS I figured I might as well share with you what happened. I mostly blame myself but I also blame the Congress, the White House, the Attorney General of the United States, the Supreme Court and the granddaddy of them all, George Washington, who first conjured up the idea of “executive privilege.”
First, I thought that former White House director Sara Taylor and former White House counsel Harriet Miers (both of whom will appear this week on Capitol Hill under subpoena by Congress over the U.S. Attorney scandal) could assert the privilege on behalf of the White House or even on their own behalf. This is wrong. If there is a privilege here, it is the responsibility of the President to assert it. It’s up to everyone else to either recognize it or fight it.
Then, I thought that the White House could require former Miers and Taylor to observe the secrecy President Bush has commanded through the assertion of an executive privilege covering communications at the White House. Again, I was wrong. The President can “instruct” the women not to talk; he may “urge” them not to talk; but he cannot as of this moment legally force them to remain silent.
You surprised by that? I was...
Executive Privilege: Taylor-made
(CBS)
I had a bad day at the Legal Analysis Office Tuesday and since we are all about openness here at CBS I figured I might as well share with you what happened. I mostly blame myself but I also blame the Congress, the White House, the Attorney General of the United States, the Supreme Court and the granddaddy of them all, George Washington, who first conjured up the idea of “executive privilege.”
First, I thought that former White House director Sara Taylor and former White House counsel Harriet Miers (both of whom will appear this week on Capitol Hill under subpoena by Congress over the U.S. Attorney scandal) could assert the privilege on behalf of the White House or even on their own behalf. This is wrong. If there is a privilege here, it is the responsibility of the President to assert it. It’s up to everyone else to either recognize it or fight it.
Then, I thought that the White House could require former Miers and Taylor to observe the secrecy President Bush has commanded through the assertion of an executive privilege covering communications at the White House. Again, I was wrong. The President can “instruct” the women not to talk; he may “urge” them not to talk; but he cannot as of this moment legally force them to remain silent.
You surprised by that? I was...
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