Executive privilege was meant to prevent intrusive inquiries by Congress, not oversight, writes The Times Editorial Board.
For the second time in five weeks, President Trump has invoked executive privilege to block Democrats in the House of Representatives from obtaining important documents and testimony. If he doesn’t back down and agree to give lawmakers the material they’re seeking, the courts may have to rein in executive privilege to prevent him and his successors from evading legitimate oversight.
Presidents as far back as George Washington have withheld material from Congress to protect sensitive national security information or shield internal discussions from the sort of scrutiny that would deter candid, thorough debates. The courts have often upheld those moves under the separation-of-powers doctrine, but not always; for example, the Supreme Court held in United States vs.
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