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In recent decades, every president since Richard Nixon has used the executive privilege to withhold certain information from another branch of government.  Indeed, the privilege has been invoked 25 times since 1980.

In recent decades, every president since Richard Nixon has used the executive privilege to withhold certain information from another branch of government.  Indeed, the privilege has been invoked 25 times since 1980.

But the executive privilege is not an absolute power.  Its strength is the greatest when the privilege is used to keep secret information about foreign affairs within the scope of the president's duties as Commander in Chief.  President George Washington's initial use of the privilege (before he turned over the documents to the House of Representatives) had to do with "foreign" relations: military issues between the United States and hostile American Indians.

But the executive privilege is not an absolute power.  Its strength is the greatest when the privilege is used to keep secret information about foreign affairs within the scope of the president's duties as Commander-in-Chief.  President George Washington's initial use of the privilege (before he turned over the documents to the House of Representatives) had to do with "foreign" relations: military issues between the United States and hostile American Indians.

When the documents do not relate to foreign affairs, courts have ordered a president to produce them to the courts.  ''See, e.g.'', ''United States v. Nixon'' (1974), in which a unanimous U.S. Supreme Court rejected a claim by President Nixon to executive privilege.  The Court ordered the President to stop withholding documents that the President wanted to keep secret.  The documents related to a criminal case that ultimately caused President Nixon to resign, rather than be impeached by Congress.

When the documents do not relate to foreign affairs, courts have ordered a president to produce them to the courts.  ''See, e.g.'', ''United States v. Nixon'' (1974), in which a unanimous U.S. Supreme Court rejected a claim by President Nixon to executive privilege.  The Court ordered the President to stop withholding documents that the President wanted to keep secret.  The documents related to a criminal case that ultimately caused President Nixon to resign, rather than be impeached by Congress.