Quote by Warren Earl Burger, United State

Neither the doctrine of separation of powers, nor the need for confidentiality of high level communications, without more, can sustain an absolute, unqualified presidential privilege of immunity from judicial process under all circumstances. The President's need for complete candor and objectivity from advisers calls for great deference from the courts. However, when the privilege depends solely on the broad, undifferentiated claim of public interest in the confidentiality of such conversations, a confrontation with other values arises. Absent a claim of need to protect military, diplomatic or sensitive national security secrets, we find it difficult to accept the argument that even the very important interest in confidentiality of Presidential communications is significantly diminished by production of such material for in camera inspection with all the protection that a district court will be obliged to provide.

Neither the doctrine of separation of powers, nor the need f

Summary

This quote is explaining that although the doctrine of separation of powers and the confidentiality of high-level communications are important, they do not justify an absolute and unqualified presidential privilege of immunity from judicial process. The courts should show deference to the President's need for candor and objectivity from advisers, but when the privilege is based solely on a broad claim of public interest in confidentiality, it conflicts with other values. Unless there is a need to protect important secrets related to military, diplomatic, or national security matters, the argument that preserving the confidentiality of presidential communications is significantly compromised by their production for court inspection is difficult to accept. Ultimately, these values must be balanced with the need for judicial oversight.

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By Warren Earl Burger, United State

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