“Conservative jurists have ferociously criticized the idea of “unenumerated” constitutional rights (such as a right to abortion)… Yet the right to executive privilege is not mentioned in the Constitution, either, and its historical pedigree is dubious.” https://t.co/KHTiphKzts

— Max Boot (@MaxBoot) May 12, 2019

“…Article I vests in legislators a right to “not be questioned” about “any Speech or Debate in either House.” This “speech and debate” protection gives members of Congress the ability to decline to testify in court, or to produce documents related to their lawmaking responsibilities, without fear of being held in contempt. Courts have rightly read the language broadly to encompass privilege claims by legislators’ aides and even to prohibit FBI searches of lawmakers’ offices during corruption investigations.

In stark contrast, Article II, which governs the executive branch, conspicuously lacks parallel language about a privilege. This is not because the framers were sketching the presidency with broad strokes, failing to include details comparable to those in Article I. For example, Article II outlines the president’s right to seek Cabinet heads’ written opinion about the departments they oversee, and even explains the process by which the president can make temporary appointments when the Senate is in recess. If the founders thought something like executive privilege existed, it seems they would have said so.”