Our constitutional system is defined by a balance between the public's need for transparency and the government's need to have a zone of secrecy around decision making. Both are important, yet they are mutually exclusive.

Every time a president invokes executive privilege, there are three relevant audiences he has to think about: the courts, Congress, and the public.

Americans can tolerate some secrecy, particularly when it is rooted in protection of the public's interests. But when the claims appear to hide wrongdoing, they begin to curdle.

Neal Katyal Quotes