THE KEY TO THE CLAIM...:

Bush claims privilege over subpoenas (TERENCE HUNT, 6/29/07, The Associated Press)

President Bush, in a constitutional showdown with Congress, claimed executive privilege Thursday and rejected demands for White House documents and testimony about the firing of U.S. attorneys. [...]

Over the years, Congress and the White House have avoided a full-blown court test about the constitutional balance of power and whether the president can refuse Congress’ demands.

Lawmakers could vote to cite witnesses for contempt and refer the matter to the local U.S. attorney to bring before a grand jury.

Since 1975, 10 senior administration officials have been cited but the disputes were all resolved before getting to court.

...is that the Executive should refuse to appear before the Judiciary as well.

Posted by Orrin Judd at June 29, 2007 9:39 AM