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Mr Obama has not once claimed executive privilege to avoid turning over information to Congress.
There is no reason – other than maintaining privilege – to avoid presenting subject and course choices clearly, logically and transparently.
For example, the Bush administration has invoked the state-secrets privilege to avoid disclosing information about its surveillance program being sought in a civil lawsuit.
The bank's lawyers sharply rejected an assertion by the attorney general's office that the bank was hiding behind attorney-client privilege to avoid disclosing crucial facts.
Mr. Bailey also said that Mr. Turner and Mr. Hoover might choose to "invoke the Fifth Amendment privilege," to avoid self-incrimination.
The former White House counsel, Bernard Nussbaum, tried to invoke executive privilege to avoid handing over some of Foster's papers; but these were private presidential papers, such as tax returns, and therefore not covered by the privilege.
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The law on the legal privilege of journalists to avoid being compelled to testify in a criminal inquiry is notoriously sketchy, but the courts have repeatedly recognized that reporters' work is entitled to a degree of protection.
But Robert Stewart refused to help his son, instead asserting his Fifth Amendment privilege against self-incrimination to avoid testifying.
Moreover, citing a 1972 Supreme Court ruling, he said there was no reporters' privilege in federal law to avoid testifying.
He asserted broad claims of executive privilege, urged the court to avoid "political questions" related to Watergate and said the justices should stay their hand until the impeachment process had run its course.
All too often in the past, the judges pointed out, secrecy privileges have been used to avoid embarrassing the government, not to protect real secrets.
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