Executive privilege exists but may be trumped by other important interests such as the need to produce evidence in criminal cases.

• A. There is privilege, but it cannot be overridden by other interests
• B. There is no privilege in executive communications
• C. There is privilege, but trumped by other important interests such as producing evidence in criminal cases
• D. Executive privilege applies only to international matters

Answer: (C)

Executive privilege protects confidential communications of the President and senior executive officials, but it is not absolute. Courts balance the need to protect those communications against the public interest in obtaining evidence, especially in criminal cases. When the government shows that the information is essential to a criminal investigation or defense, the privilege can give way to the demand for evidence. That’s why the statement that there is privilege, but it can be trumped by other important interests such as producing evidence in criminal cases best captures how executive privilege operates in practice.