President Obama, Attorney General Holder and executive privilege | Fox News: The claim of executive privilege, made by the president to keep testimony or documents from compelled revelation, is not an absolute one. Thus, the claim must state the basis for its invocation. In US v. Nixon (1974), the Supreme Court decision that came just two weeks before, and arguably precipitated, President Nixon’s resignation from the presidency, the Court articulated the only three constitutionally permissible bases for the presidential claim of executive privilege.
The only bases for the invocation of the privilege are the need to protect secret deliberations and communications intended ultimately for the president that pertain to (a) military, or (b) diplomatic, or (c) sensitive national security matters. Just because two or more people in the White House discussed a matter or reviewed documents does not clothe their discussion or their document review with executive privilege. The conversation or document review must be integral to advising the president on his official duties, and it must fit into one or more of (a) or (b) or (c) above.
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