Linkmeister

Executive Privilege

That phrase got a bad name during the Nixon years, and for good reason. Mr. Nixon tried to withhold the infamous tapes made in his office, citing the principle of executive privilege. Now the current occupant of the White House is doing the same, this time refusing to release documents (including e-mails) about the Administration's response to Katrina. Not only that, it's refusing to allow employees of various agencies to testify before Congress about that response.

"There has been a near total lack of cooperation that has made it impossible, in my opinion, for us to do the thorough investigation that we have a responsibility to do," Senator Joseph I. Lieberman, Democrat of Connecticut, said at Tuesday's hearing of the Senate committee investigating the response. His spokeswoman said he would ask for a subpoena for documents and testimony if the White House did not comply.

In response to questions later from a reporter, the deputy White House spokesman, Trent Duffy, said the administration had declined requests to provide testimony by Andrew H. Card Jr., the White House chief of staff; Mr. Card's deputy, Joe Hagin; Frances Fragos Townsend, the domestic security adviser; and her deputy, Ken Rapuano.

Mr. Duffy said the administration had also declined to provide storm-related e-mail correspondence and other communications involving White House staff members. Mr. Rapuano has given briefings to the committees, but the sessions were closed to the public and were not considered formal testimony.

"The White House and the administration are cooperating with both the House and Senate," Mr. Duffy said. "But we have also maintained the president's ability to get advice and have conversations with his top advisers that remain confidential."

Odd form of "cooperation" that is, wouldn't you say?

If Alito is confirmed, expect to see more of this. He's deferential enough to the executive branch that any case against such privileges which might make it to SCOTUS would begin with at least one vote against it.