- Generally, conversations between the President and his advisors are privileged.
- Policy justification: we want the President to speak freely with advisors.
- This general privilege does not provide blanket immunity from complying with a subpoena in criminal proceedings.
- Doing so would impede the judiciary from administering justice in criminal prosecutions.
- The need for criminal justice outweighs the need for executive privilege.
- The President's broad interest in confidentiality is not hindered by compliance with criminal subpoenas.
- Any breach of confidentiality must have a nexus to the President's constitutional powers.
- Exception: a need to protect military or diplomatic secrets or other confidential secrets.