Antedating of "Executive Privilege", complicit

Mullins, Bill Bill.Mullins at US.ARMY.MIL
Sun Jan 30 18:59:52 UTC 2005

>From the Hein Online legal journal database:

 22 Harv. L. Rev. 377 (1908-1909) p. 377

"When only attendance <i> ad testificandum </i> is required, executive privilege is not as well established either in reason or in practice, but as a general rule the court should assume that  the executive is acting properly and that his absence is due to his official duties or engagements rather than to contempt of court."

Note that this database also has some antedatings of "complicit" beyond what Fred has already posted, but they are all of the French word. The first English usage is 1935.

-----Original Message-----
From: American Dialect Society on behalf of Fred Shapiro
Sent: Sun 1/30/2005 8:30 AM
Subject: Antedating of "Executive Privilege"
executive privilege (OED 1940)

1912 Francis Wharton _A Treatise on the Law of Evidence in Criminal
Issues_ (ed. 10) 2323 (Making of Modern Law)  EXECUTIVE PRIVILEGE, against
testimony of public matters.

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