Executive Privilege and Inspectors General

Abstract

Inspectors general were created by statute to bring internal accountability to the executive branch and assist Congress with its oversight responsibilities. That status — housed in the executive branch with a congressional assistance mandate — often places inspectors general on the horns of a separation-of-powers dilemma. How congressional committees and courts address executive privilege claims will shape the legal consequences facing agencies and departments when considering whether to provide records to an inspector general. Those consequences, in turn, will materially affect the effectiveness of the inspectors general corps.

Keywords: executive privilege, inspectors general, congressional oversight, congressional investigations