10 Presidents Who Invoked Executive Privilege in Recent History
1. Kennedy
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President Kennedy invoked the privilege twice. The first time was in reference to speeches requested by a Senate subcommittee investigating Cold War military education. Then, during a congressional investigation into the Bay of Pigs, he directed military adviser General Maxwell Taylor not to testify.
2. Johnson
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Three instances occurred during Johnson's presidency in which executive branch officials refused to supply testimony or information involving presidential actions. President Johnson, however, did not invoke the privilege himself nor did the officials claim that president ordered their actions.
3. Nixon
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President Nixon asserted the privilege six times. Half of the instances occurred with respect to the Watergate scandal.
4. Ford
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Under President Ford, Secretary of State Henry Kissinger was directed to withhold subpoenaed documents relating to State Department recommendations to the National Security Council on covert affairs.
5. Carter
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President Carter invoked executive privilege to thwart an attempt by the General Accounting Office to investigate the claim that a coal strike could result in 3.5 million jobs lost if not resolved. GAO called the claim "interesting if true."
6. Reagan
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Reagan ordered executive officials to invoke the privilege three times with respect to an investigation of Canadian oil leases, Superfund practices, and memos that Supreme Court Justice William Rehnquist wrote while he was an assistant attorney in the Justice Department.
7. George H. W. Bush
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President Bush directed Defense Secretary Dick Cheney not to comply with a congressional subpoena for documents related to a Navy aircraft program.
8. Clinton
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It's not completely clear how many times Clinton formally invoked or directed an official to invoke privilege, because the president ended the policy of putting orders in writing. Clinton was, however, the only president since Nixon to claim executive privilege and lose in court. This occurred when a federal judge ruled that aides could be called to testify in the Monica Lewinsky trial.
9. George W. Bush
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President Bush's most notable executive privilege claim was in August 2007. In what was his fourth claim in approximately a month, Bush rejected a subpoena that would have required White House adviser Karl Rove to testify before the Senate Judiciary Committee concerning U.S. attorneys fired by the administration.
10. Obama
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The White House granted executive privilege to Attorney General Eric Holder over confidential documents related to "Fast and Furious."
In 2007, Obama accused Bush of hiding behind the power of executive privilege. The video can be seen below.
