Antedating of "Executive Privilege"

[Fred Shapiro]

executive privilege (OED 1940)

1909 _Harvard Law Review_ XXII. 377  When only attendance _ad
testificandum_ 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.

Fred Shapiro


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Fred R. Shapiro                             Editor
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  Access and Lecturer in Legal Research     Yale University Press,
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