Y 4.674 : Ex 3 EXECUTIVE PRIVILEGE— 24 HEARINGS BEFORE THE SUBCOMMITTEE ON INTERGOVERNMENTAL RELATIONS OF THE COMMITTEE ON GOVERNMENT OPERATIONS NINETY-FOURTH CONGRESS FIRST SESSION ON S. 2170, S. 2378, S. 2420 SEPTEMBER 29 AND OCTOBER 23, 1975 Printed for the use of the Committee on Government Operations EXECUTIVE PRIVILEGE- HEARINGS BEFORE THE SUBCOMMITTEE ON OF THE COMMITTEE ON GOVERNMENT OPERATIONS NINETY-FOURTH CONGRESS FIRST SESSION ON S. 2170, S. 2378, S. 2420 SEPTEMBER 29 AND OCTOBER 23, 1975 Printed for the use of the Committee on Government Operations 78-872 O U.S. GOVERNMENT PRINTING OFFICE WASHINGTON: 1976 For sale by the Superintendent of Documents, U.S. Government Printing Office SUBCOMMITTEE ON INTERGOVERNMENTAL RELATIONS LEE METCALF, Montana JOHN L. MCCLELLAN, Arkansas WILLIAM V. ROTH, JR., Delaware ALVIN FROM, Staff Director LUCINDA T. DENNIS, Chief Clerk CONTENTS MONDAY, SEPTEMBER 29, 1975 Prof. Norman Dorsen, New York University School of Law, president, Society of American Law Teachers, and general counsel, American Hon. Henry A. Waxman, a Representative in Congress from the State of Prof. Raoul Berger, Harvard Law School, and author of "Executive Privilege: A Constitutional Myth" Antonin Scalia, Assistant Attorney General, Office of Legal Counsel, accompanied by Herman Marcuse, Office of Legal Counsel, Department Prof. Sam Dash, Georgetown University Law School. John H. F. Shattuck, national staff counsel, American Civil Liberties Union. "The Incarnation of Executive Privilege,' by Raoul Berger, "Congressional Subpoenas to Executive Officials," by Raoul Letter from Robert H. Jackson to Hon. Carl Vinson, chairman, 17 "Executive Privilege, the Congress and the Courts," by Norman Memorandum from Michael R. Lemov, chief counsel and Robert |