question. don t privileges needs to be asserted in order to apply? well, privileges are recognized once they are asserted? i think as a general pron six fair enough. i m asking a general proposition. you would assert the attorney/client privilege. yes. and who asserts executive privilege? ordinarily well, that is a complicated question, senator, actually. who does it come back to? ultimately, who asserts executive privilege? so it depends what you are talking about. what kind of executive branch document you are talking about. it depends. in my experience ultimately, it s the president? there is not as much precedent on that. there is some. the supreme court, this was the supreme court in the united states v. richard nixon isn t it fair to say that executive privilege belongs to the president of the united states, the chief he cexecutive? . it can belong to the former president in the case of former