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.