Glossary

Executive privilege

The president's qualified power to keep certain internal executive communications confidential from Congress and the courts.

Also called: presidential privilege, presidential communications privilege

Executive privilege is the doctrine that the president and close advisers may withhold certain information, such as confidential deliberations and advice, from Congress, the courts and the public. It is not mentioned in the Constitution; it is inferred from the separation of powers and the president's need for candid advice.

The Supreme Court recognized the privilege but held it is not absolute in United States v. Nixon (1974), ruling that a general claim of confidentiality must yield to a specific need for evidence in a criminal trial. Courts distinguish a presidential communications privilege from a broader deliberative-process privilege covering agency decision-making. In Trump v. Mazars (2020) the Court set out factors for congressional subpoenas seeking a president's personal records.

Disputes over executive privilege typically arise when Congress issues a congressional subpoena in an oversight investigation and the White House refuses to comply. Such conflicts are often settled by negotiation, but they can lead to Contempt of Congress votes and lengthy litigation. Both parties have asserted the privilege when in power and criticized it when in opposition.

Last reviewed November 8, 2026

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Related terms

Separation of powers The constitutional division of government into legislative, executive and judicial branches, each with its own distinct powers. Congressional subpoena A legal order from a congressional committee compelling someone to testify or produce documents for an investigation. Contempt of Congress A finding that a person defied Congress, such as by ignoring a subpoena, which can be punished criminally or enforced in court. Checks and balances The constitutional design giving each branch of government ways to limit the others, so that no branch dominates.