The Problem of Executive Privilege

Professor Cass Sunstein neatly sums up the arguments and problems with the battle between the Bush Administration and Congress over executive privelege.

IN THEIR struggle over documents relating to the replacement of US attorneys, the president and Congress have downplayed a critical point: The doctrine of executive privilege remains a constitutional wilderness, and courts have done little to sort out the problem.

Because the law is so wide open, both President Bush and the congressional Democrats have made plausible arguments. In any judicial proceeding, the outcome would be hard to predict; neither side has reason for great confidence.

Sunstein lays out the arguments well and in a balanced fashion.

For those unfamiliar with the hubbub should read it.