With respect to the testimony of Acting Director of National Intelligence McGuire before the Permanent Select Committee on Intelligence, U.S. House of Representatives on September 26, 2019, that as a member of the Executive Branch, Executive Privilege prevented him from sending the now infamous "Whistle-blower complaint to the Congressional Intelligence Committee's. By what legal theory does Executive Privilege override the plain wording of statute that:

"(c) Upon receipt of a transmittal from the Inspector General under subsection (b), the head of the establishment shall, within 7 calendar days of such receipt, forward such transmittal to the intelligence committees, together with any comments the head of the establishment considers appropriate."

This question is limited to the Directors responsibility to Executive Privilege and not other legal reasons opined by the Office of Legal Counsel in DoJ. Thanx

1 Answer 1


Executive privilege is a constitutional doctrine rooted in the separation of powers. Because it’s based on the Constitution, Congress cannot limit it by statute any more than Congress could limit the President’s authority to veto laws.

  • Thanx, that’s what I was looking for, a definitive criteria including the implicit with the explicit Constitution notwithstanding “Laws of the United States which shall be made in Pursuance thereof;” in the Supremacy Clause. Sep 29, 2019 at 13:59

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