Executive privilege does not apply when the president is under a criminal investigation.

Executive privilege.

"No, the Executive Privilege is the right of the President, but not only him or her. The other official leaders and congress men may have this privilege as well."

executives privilege

With executive privilege, the president is allowed to overstep congressional authority, and not answer to Congress's efforts to question his or her actions. With the series of checks and balances that are established in the Constitution, this particular privilege is puzzling. Some believe that executive privilege is a fallacy, and that congressional approval is absolute.