Neri Vs. Senate - Use of Executive Privilege in Concealing A Crime

Use of Executive Privilege in Concealing A Crime

Respondent Committees argue that a claim of executive privilege does not guard against a possible disclosure of a crime or wrongdoing. The Court does not contest this. It has been settled that the specific need for evidence in a pending criminal trial outweighs the President’s generalized interest in confidentiality. However, the present case DOES NOT INVOLVE A CRIMINAL PROCEEDING where the information sought from Neri would help in meeting the demands of fair administration of criminal justice. Instead, the present controversy arose from a legislative inquiry. There is a clear difference between Congress' legislative tasks and the responsibility of a criminal court. While fact-finding by a legislative committee is undeniably a part of its task, legislative judgments normally depend more on the predicted consequences of proposed legislative actions and their political acceptability, than on precise reconstruction of past events; Congress frequently legislates on the basis of conflicting information provided in its hearings. In contrast, the responsibility of the criminal court turns entirely on its ability to determine whether there is probable cause to believe that certain named individuals did or did not commit specific crimes.

Read more about this topic:  Neri Vs. Senate

Famous quotes containing the words executive, privilege, concealing and/or crime:

    It’s given new meaning to me of the scientific term black hole.
    Don Logan, U.S. businessman, president and chief executive of Time Inc. His response when asked how much his company had spent in the last year to develop Pathfinder, Time Inc.’S site on the World Wide Web. Quoted in New York Times, p. D7 (November 13, 1995)

    The privilege to die—
    Emily Dickinson (1830–1886)

    This laudable quality is commonly known by the name of Manners and Good- breeding, and consists in a Fashionable Habit, acquir’d by Precept and Example, of flattering the Pride and Selfishness of others, and concealing our own with Judgment and Dexterity.
    Bernard De Mandeville (1670–1733)

    Although good early childhood programs can benefit all children, they are not a quick fix for all of society’s ills—from crime in the streets to adolescent pregnancy, from school failure to unemployment. We must emphasize that good quality early childhood programs can help change the social and educational outcomes for many children, but they are not a panacea; they cannot ameliorate the effects of all harmful social and psychological environments.
    Barbara Bowman (20th century)