Passing on Privilege

Editorial explores why President Obama needs to rethink Bush's claims against Congress.

February 16, 2009

Editorial run in Legal Times.

Obama needs to rethink Bush's claims against Congress.

On the heels of the congressional subpoena issued to Karl Rove on Jan. 26, the Obama administration must now weigh in on the controversial—and consequential—dispute about the scope of executive privilege.

Questions about the privilege and the president’s power to withhold information from Congress and the public arose in the context of the much discussed, highly politicized forced resignations of several U.S. attorneys at the close of 2006.

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