EXECUTIVE PRIVILEGE
SECRECY IN GOVERNMENT
FREEDOM OF INFORMATION

HEARINGS

BEFORE THE

SUBCOMMITTEE ON

INTERGOVERNMENTAL RELATIONS,

United State. Con OF THE). Senate
COMMITTEE ON

GOVERNMENT OPERATIONS,

AND THE

SUBCOMMITTEES ON SEPARATION OF POWERS

AND

ADMINISTRATIVE PRACTICE AND PROCEDURE

OF THE

COMMITTEE ON THE JUDICIARY
UNITED STATES SENATE

NINETY-THIRD CONGRESS

FIRST SESSION

ON

S. 858, S. Con. Res. 30, S.J. Res. 72, S. 1106, S. 1142, S. 1520, S. 1923, and S. 2073

APRIL 10, 11, 12; MAY 8, 9, 10, 16; JUNE 7, 8, 11, 26, 1973

For sale by the Superintendent of Documents, U.S. Government Printing Office
Washington, D.C. 20402 - Price $4

COMMITTEE ON GOVERNMENT OPERATIONS

SAM J. ERVIN, JR., North Carolina, Chairman

JOHN L. MCCLELLAN, Arkansas
HENRY M. JACKSON, Washington
EDMUND S. MUSKIE, Maine

ABRAHAM RIBICOFF, Connecticut
LEE METCALF, Montana

JAMES B. ALLEN, Alabama

LAWTON CHILES, Florida
SAM NUNN, Georgia

WALTER D. HUDDLESTON, Kentucky

KF26

.

CHARLES H. PERCY, Illinois
JACOB K. JAVITS, New York
EDWARD J. GURNEY, Florida
WILLIAM B. SAXBE, Ohio
WILLIAM V. ROTH, JR., Delaware
BILL BROCK, Tennessee

G655

19736

vol. 3

ROBERT BLAND SMITH, Jr., Chief Counsel and Staff Director

SUBCOMMITTEE ON ADMINISTRATIVE PRACTICE AND PROCEDURE
EDWARD M. KENNEDY, Massachusetts, Chairman

PHILIP A. HART, Michigan
BIRCH BAYH, Indiana

QUENTIN N. BURDICK, North Dakota
JOHN V. TUNNEY, California

STROM THURMOND, South Carolina
CHARLES MCC. MATHIAS, JR., Maryland
EDWARD J. GURNEY, Florida

JAMES F. FLUG, Chief Counsel
THOMAS M. SUSMAN, Assistant Counsel
HARRIET ANN LANDMAN, Staff Assistant

CONTENTS

EXECUTIVE PRIVILEGE

PART 1-LAW REVIEW ARTICLES AND STATEMENTS OF LEGAL

Berger, Raoul:

SCHOLARS

"Executive Privilege v. Congressional Inquiry," article from the UCLA

Law Review, 1965.......

Dorsen, Prof. Norman:

"Executive Privilege, the Congress and the Courts," by Professor

Dorsen and John H. F. Shattuck___

Letter to Senator Ervin from Senator Barry M. Goldwater, dated April
23, 1973...

Goldwater, Hon. Barry M.:

"The President's Constitutional Primacy in Foreign Relations and

National Defense," article from the Virginia Journal of International

Law, by Senator Goldwater....

PART 2-PRESIDENTIAL AND ADMINISTRATION STATEMENTS

"Executive Privilege," excerpt of President Nixon's news conference of

January 31, 1973, from Presidential Documents, Vol. 9, No. 5, 1973..

"Executive Privilege," statement by President Nixon of March 12, 1973,

from Presidential Documents, Vol. 9, No. 11, 1973-

"Testimony of White House Counsel Before Congressional Committee,'

excerpt of President Nixon's news conference of March 15, 1973, from

Presidential Documents, Vol. 9, No. 11, 1973----

Letter to Dr. Jeremy J. Stone, director, Federation of American Scientists

from John W. Dean III, counsel to the President, dated April 20, 1972,

thanking him for a copy of the FAS Newsletter with an article on execu-

tive privilege..

Letter to Senator Eastland from John W. Dean III, Counsel to the Presi-

dent, dated April 10, 1973, re Peter M. Flanigan's refusal to appear

before the Judiciary Committee..

Letter to President Nixon from Senator Ervin, dated April 21, 1972, re

John Dean's letter of April 10, 1972, informing the Senate Judiciary

Committee of Peter M. Flanigan's initial refusal to appear before them.

Letter to Senator Ervin from William E. Timmons, assistant to the
President, dated April 25, 1972, acknowledging his letter of April 21,
1972____

Letter to Senator Ervin from John W. Dean III, counsel to the President,

dated June 30, 1972, responding to a recent letter seeking information

of all instances in which members of the White House staff or a White

House employee either declined or did appear and testify before a

congressional committee...

Letter to Hon. Elmer B. Staats, Comptroller General of the United States

from John W. Dean III, counsel to the President, dated November 20,

1972, re a request for permission to examine certain records and docu-

ments...

Letter to Hon. Richard G. Kleindienst, Attorney General of the United

States from Senator Ervin, dated April 20, 1973, re list of questions

concerning executive privilege that he would like to have answered

(list of questions included).

Letter to Senator Ervin from Hon. Richard G. Kleindienst, Attorney

General, dated May 15, 1973, with answers to questions on executive

privilege which were requested in a letter from Senator Ervin, dated

April 20, 1973...

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