Legal Opinion

Applicability of Executive Privilege to Independent Regulatory Agencies

Department of Justice Office of Legal Counsel

Decided November 5, 1957Published

1Opinion of the Court

Applicability of Executive Privilege to Independent Regulatory Agencies A case cannot be made for absolute exclusion of the so-called independent regulatory agencies from the doctrine of executive privilege. Although free from executive control in the exercise of quasi-legislative and quasi-judicial functions, independent regulatory agencies frequently exercise important functions executive in nature. As to the latter functions, the doctrine of executive privilege is as much applicable to regulatory commissions as to the executive departments and officers of the government. November 5, 1957…

2Cases cited11 opinions

  1. Chicago & Southern Air Lines, Inc. v. Waterman Steamship Corp.Supreme Court of the United States · 1948
  2. Humphrey's v. United StatesSupreme Court of the United States · 1935
  3. Wiener v. United StatesSupreme Court of the United States · 1958
  4. Illinois Central Railroad v. Interstate Commerce CommissionSupreme Court of the United States · 1907
  5. Cole v. YoungSupreme Court of the United States · 1956

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