Maryland Law Review Volume 60 | Issue 1 Article 11 Paradise Losts: the Clinton Administration and the Erosion of Executive Privilege Jonathan Turley Follow this and additional works at: http://digitalcommons.law.umaryland.edu/mlr Part of the President/Executive Department Commons Recommended Citation Jonathan Turley, Paradise Losts: the Clinton Administration and the Erosion of Executive Privilege, 60 Md. L. Rev. 205 (2001) Available at: http://digitalcommons.law.umaryland.edu/mlr/vol60/iss1/11 This Conference is brought to you for free and open access by the Academic Journals at DigitalCommons@UM Carey Law. It has been accepted for inclusion in Maryland Law Review by an authorized administrator of DigitalCommons@UM Carey Law. For more information, please contact
[email protected]. PARADISE LOST: THE CLINTON ADMINISTRATION AND THE EROSION OF EXECUTIVE PRIVILEGE JONATHAN TuRLEY* INTRODUCTION In Paradise Lost, Milton once described a "Serbonian Bog ... [w]here Armies whole have sunk."' This illusion could have easily been taken from the immediate aftermath of the Clinton crisis. On a myriad of different fronts, the Clinton defense teams advanced sweep- ing executive privilege arguments, only to be defeated in a series of judicial opinions. This "Serbonian Bog" ultimately proved to be the greatest factor in undoing efforts to combat inquiries into the Presi- dent's conduct in the Lewinsky affair and the collateral scandals.2 More importantly, it proved to be the undoing of years of effort to protect executive privilege from risky assertions or judicial tests.' In the course of the Clinton litigation, courts imposed a series of new * J.B. & Maurice C.