The Limits Of Executive Privilege
By Patrick Appel
Greenwald on yesterday's ruling:
[The] ruling should elevate the pressure on Bolten, Miers, Rove and other Bush officials to respond to Congressional inquiries regarding what they know about the firing of these U.S. Attorneys, but as a practical matter, its impact will be quite limited. Miers, Bolten and friends can still (and certainly will) assert privilege with respect to specific conversations and documents (the court only resolved whether they have immunity from Congressional subpoenas generally, not whether specific documents and conversations are privileged). This ruling simply means that Miers and Bolten must "respond" to the Subpoenas -- Miers can show up and refuse to answer most questions by relying on specific "privilege" assertions (that the court would then have to resolve), and Bolten can do the same with regard to documents. This administration has repeatedly demonstrated complete indifference to legal process.