From: Phillip A. Schuman 
 
Subject: Bush vs. Starr/Clinton precedent

Dear BartCop:

You basically asked why it is that if Clinton had to divulge meeting
notes and such with advisors, making for no confidential advice,
how is it that Cheney has a leg to stand on to refuse to do so himself?

I'll tell you.

Clinton got his presumptive executive privilege as to confidentiality of advice pierced,
not because it didn't apply to his advice and deliberative processes, but DESPITE the
courts' ruling that he DID have that privilege with regard to them. (This is itself a very
important point. People claim that Clinton's assertion of executive privilege was illegitimate
and frivolous. It was not. The court affirmed he was correct, and that the executive privilege
as correctly invoked.)

The difference was that there was a subpoena for those documents, not from the Congress
or the GAO, a creature of the Congress, but from the United States of America, as represented
by the Independent Counsel's office. Since these documents were allegedly sought in a criminal
investigation, the interest of the state in such a prosecution was held to outweigh the executive
privilege that Clinton did enjoy as to this deliberative work product.

Unless and until Cheney's records become the subject of a subpoena from the Department of
Justice prosecutors or an appointed special prosecutor, the executive privilege overcomes whatever
Congress may wish to try to make the executive branch do as regards their internal deliberative process.

You know I'm holding my breath on that one!!!

...phil
 

Phil, if you're correct, and if I'm reading you correctly, the Whore Court ruled,
"Clinton is right, but the people have a right to know about his penis and
   we want to see him squirm so let the crucifixion proceed."

...but when the Bush Family Evil Empire wants to steal billions under the
   cloak of  'National security,' we see no reason the public has a right to know."
 

So I was right - the partisan whores twisted the law to help Starr force Clinton out.

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