Reading Room Document
The President's Executive Privilege to Withhold Foreign Policy and National Security Information
The document discusses the constitutional privilege of the Executive to withhold information from Congress on the basis of national security or foreign policy considerations. It outlines the historical context of this privilege and provides examples of past disputes between the Executive and Congress. The conclusion reached in the document is that the President has the power to withhold information from the Senate in the field of foreign relations or national security if disclosure would be incompatible with the public interest. The document presents a concise summary of the questions presented for review, including instances in which Presidents withheld military and diplomatic information from the Senate on the ground that its disclosure would not be compatible with the public interest.
The OLC's Opinions
Opinions published by the OLC, including those released in response to our FOIA lawsuit