some W.H. aids might start vanishing into thin air?
http://www.washingtontimes.com/news/2008/jul/31/federal-judge-rejects-executive-privilege-two-whit/
Words from the judge
"Presidential autonomy, such as it is, cannot mean that the Executive's actions are totally insulated from scrutiny by Congress. That would eviscerate Congress's historical oversight function," Judge Bates wrote.
The White House claim of "absolute immunity," the judge ruled, "rests upon a discredited notion of executive power and privilege."
"It is the judiciary (and not the executive branch itself) that is the ultimate arbiter of executive privilege," he wrote. "Permitting the Executive to determine the limits of its own privilege would impermissibly transform the presumptive privilege into an absolute one, yet that is what the Executive seeks through its assertion of Ms. Miers's absolute immunity from compulsory process."
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