Advantage of Executive (Cyber) Privilege

What's the biggest advantage of taking the job of cybersecurity coordinator at the White House? Being able to turn your nose up at Congress, apparently.

What's the biggest advantage of taking the job of cybersecurity coordinator at the White House? Being able to turn your nose up at Congress, apparently.

During a Senate hearing to discuss a cybersecurity bill he introduced with Sens. Thomas Carper, D-Del., and Susan Collins, R-Maine, on Thursday, Joe Lieberman, I-Conn., noted in opening testimony that Cyber Coordinator Howard Schmidt has been invited to testify before the Homeland Security and Government Affairs Committee on numerous occasions, but Schmidt has always refused, citing executive privilege. Lieberman used this fact to argue for a Senate appointed director of cybersecurity, which is among the provisions included in the bill.

Certainly, there are cases where the president and other members of the executive branch may need to resist interventions by the legislative and judicial branches, which executive privilege provides. However, one would hope these cases would be few and far between, and that executive privilege wouldn't be used to balk at legitimate efforts to get some grasp on the security issues facing federal computer networks. That may not be the White House's intention in keeping Schmidt from offering his perspective to Congress, but that's ultimately the message sent.

The White House also has blocked access by the press to Schmidt, whom I for one counted among my most valuable sources prior to his appointment.

Is this what President Obama meant by transparency?

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