What is executive privilege?

Executive privilege refers to the power of the President and other members of the executive branch to withhold information from Congress, the courts, and ultimately the public. This concept is rooted in the need for confidentiality in discussions within the executive branch, particularly when it involves national security or sensitive information related to the functioning of government. The rationale behind this privilege is that it allows for open and honest communication among executive officials, which is deemed essential for effective governance.

While it is not an absolute privilege and can be challenged in courts or by Congress, executive privilege serves as an important aspect of the separation of powers doctrine, helping to delineate the boundaries between the branches of government. Other options, such as the right to punish employees, make treaties, or veto legislation, describe distinct powers or functions of the executive but do not encapsulate the concept of executive privilege.