Protective Assertion of Executive Privilege Regarding White House Counsel’s Office Documents Executive privilege may properly be asserted with respect to the entire set of W hite House Counsel’s Office documents currently being withheld from the Committee on Government Reform and Over­ sight o f the House o f Representatives, pending a final Presidential decision on the matter. This would be a protective assertion of executive privilege designed to ensure the President’s ability to make a final decision, after consultation with the Attorney General, as to which specific docu­ ments are deserving o f a conclusive claim o f executive privilege. May 8, 1996 THE PRESIDENT THE W HITE HOUSE My Dear M r. President: You have requested my legal advice as to whether executive privilege may properly be asserted in response to a subpoena issued to the Counsel to the President by the Committee on Government Reform and Oversight of the House of Representatives. The subpoena covers a large volume of confidential White House Counsel’s Office documents. The Counsel to the President notified the Chairman of the Com­ mittee today that he was invoking the procedures of the standing directive gov­ erning consideration of whether to assert executive privilege, President Reagan’s memorandum of November 4, 1982, and that he specifically requested, pursuant to paragraph 5 of that directive, that the Committee hold its subpoena in abeyance pending a final Presidential decision on the matter. Memorandum for the Heads of Executive Departments and Agencies, Re: Procedures Governing Responses to Congressional Requests fo r Information at 2 (Nov. 4, 1982). This request was necessitated by the deadline imposed by the Chairman, the volume of documents that must be specifically and individually reviewed for possible assertion of privi­ lege and the need under the directive to consult with the Attorney General, on the basis of that review, before presenting the matter to the President for a final determination. The Chairman rejected the request and indicated that he intends to proceed with a Committee vote on the contempt citation tomorrow. Based on these circumstances, it is my legal judgment that executive privilege may properly be asserted with respect to the entire set of White House Counsel’s Office documents currently being withheld from the Committee, pending a final Presidential decision on the matter. This would be a protective assertion of execu­ tive privilege designed to ensure your ability to make a final decision, after con­ sultation with the Attorney General, as to which specific documents are deserving of a conclusive claim of executive privilege. Sincerely, JANET RENO Attorney General 1