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About Executive Privilege

Atrios provides a key reminder:

Any executive privilege claims can only theoretically potentially limit the scope of questioning, not prevent them from testifying at all. Working for the president doesn't give you magic immunity from everything.

Given the precedent set by the Clinton Adminsitration - aides testified under oath before the Republican led Congress more than 40 times - I image it is going to be very difficult for Bush to win this one.

Particularly if this part of the story continues to advance:

A number of readers have pointed out that Karl Rove's deputy at the White House, Scott Jennings, used an outside domain, gwb43.com, for his emails. The domain, it turns out, is owned by the Republican National Committee...


And there's evidence that Jennings' use of an outside domain was a pattern in Rove's office. CREW points out that Karl Rove's former assistant Susan Ralston also frequently used outside domains to communicate to her old boss, Jack Abramoff.

Emails sent under cover of a domain owned by the GOP, and not the federal government, would seem to be almost impossible to defend under Executive Privilege. If we could force the release of those emails....

Remember: the Nixon White House tapes were discovered by accident, too.