Executive privilege is a kind of legal immunity enjoyed by the sitting President of the United States. This privilege allows the president (and only the president) to withhold information from Congress and the public. While not written in the Constitution, this privilege is derived from an interpretation of the constitutional separation of powers doctrine and the supremacy of each branch of government over the other in their own sphere.

Presidents have claimed executive privilege to ensure executive branch officials can speak confidentially and candidly regarding their responsibilities in office. However, the Supreme Court's decision in United States v. Nixon found that the president's ability to invoke the privilege is "qualified" (as opposed to absolute), meaning that it must be justified and is subject to limitation. Usually, the privilege protects only that information that protects military, diplomatic or sensitive national security secrets.

Those who assert executive privilege in discussions with Congress without an appropriate claim to it may face held in contempt of Congress and face criminal charges. In practice, courts rarely get involved in these disputes. Instead, when a witness (someone providing testimony to Congress) invokes executive privilege to withhold information they consider confidential and Congress considers necessary to fulfill their oversight responsibilities, the two sides will negotiate an appropriate level of disclosure.