Keywords
Politics, deliberative process privilege, executive
Abstract
Can any employee of an executive agency assert the deliberative process privilege in order to withhold information in response to a valid request? This Note examines the agency head requirement for assertion of the deliberative process privilege and concludes that only executive officials possessing policy-making authority may invoke the privilege. Such privilege determinations must come from a policy-making official in order to curb abuse and maintain the integrity of executive decisions. Recognition of such a policy-making distinction with regard to the agency head requirement will serve both the Executive’s and the public’s interest in ensuring effective governance.
Recommended Citation
Shilpa Narayan,
Proper Assertion of the Deliberative Process Privilege: The Agency Head Requirement,
77 Fordham L. Rev. 1183
(2008).
Available at: https://ir.lawnet.fordham.edu/flr/vol77/iss3/6