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.
Proper Assertion of the Deliberative Process Privilege: The Agency Head Requirement,
77 Fordham L. Rev. 1183
Available at: http://ir.lawnet.fordham.edu/flr/vol77/iss3/6