LAW_404504_Week_Five - Problem of the Day#3 IRAC Issue The...

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Problem of the Day #3 IRAC Issue : The issue is whether the President’s right to safeguard or limit accessibility of certain sensitive documents and information, under the auspices of “executive privilege” confidentiality, prohibits any form of judicial review by a federal court. Rule: Article II of the Constitution allocates “the executive power” into a single person i.e “the President of the United States of America”. Provisions of Article II includes: 1). “Vesting Clause” 2). “Take-Care Clause” 3). “Appointments Clause” & “advice and consent.” There is no statute or procedural rule of evidence that protects the private communications of the President or his ranking officials. There is, however, implied Constitutional privilege against disclosure under the vesting clause. Arguments: An argument favoring disclosure, rejecting executive privilege, would include the fact that the politically insulated courts are best positioned to ensure the safe and fair administration of judicial review in the event of a criminal proceeding. This is especially important in this case, as

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