Final answer:
If the president were to use executive privilege to withhold information from all criminal investigations, it would violate the principle of checks and balances and undermine the concept that no one, not even the president, is above the law.
Step-by-step explanation:
If the president could use executive privilege to withhold records of presidential communications from all criminal investigations, this would violate the concept of checks and balances. The president's ability to use executive privilege has been recognized since the administration of George Washington, primarily for matters of national security and to secure candid advice from advisors. However, the Supreme Court has set limits to this power to prevent its misuse, ensuring that executive privilege may not be used to avoid prosecution or some civil court suits as established in landmark cases such as United States v. Nixon.
In the case of United States v. Nixon, President Richard Nixon was ordered to hand over tapes recorded in the Oval Office, which he initially refused by asserting executive privilege. His resignation followed the increasing pressure to release the tapes, which demonstrates that the power of executive privilege is not absolute and is subject to judicial review. Asserting such privilege in all criminal investigations without proper justification would be antithetical to the principle that no one is above the law, including the president. This balance of executive confidentiality and accountability to the law is crucial for the functioning of a democratic government.