Executive privilege is the constitutional attitude that empower the president and many executive branch officers to withhold information from Congress, the courts, and eventually down to the individual level. Yet, this presidential power is debatable because it is nowhere mentioned in the U.S. Constitution. Uncertainty, without any hesitations, the president and his staff have confidential desires and that these decisions shall be able to secretly deliberate without fear that any of their words may leak out to the public. The question is rather if the president and his staff have the right to withhold evidence and documents in the face of judicial proceedings or congressional investigations.
Executive privilege is a right that had been claimed in the past by the majority of the Unites States presidents and other high ranked officials of the executive branch of government to withhold information that has been requested or subpoenaed by the Congress, courts or individuals. This "right"" called the "executive privilege"" is indirectly granted to the president in the Constitution. As an alternative, it has traditionally been thought to be a right understood by the constitutional principle of separation of powers among the three branches of government. Rights of executive privilege lead to tension among the executive and legislative branches. The Supreme Court has particularly been reticent to intervene and rule in favor of one or the other 'til both have drained all other efforts at resolution. Is executive privilege a problematic issue to the separation of powers section and lacking a definite solution?.
No president had ever mentioned the phrase "executive privilege " until the Dwight D. Eisenhower administration, in 1953 (Feingold & McKenna, 2014). The expression was not a part of the common language. However, most of the presidents, going back to George Washington, have implemented in some form or another the executive privilege.