~snip~
In what may be the most delicious of ironies, it is George W Bush himself who provides the only precedent for determining where the power lay for invoking Executive Privilege for acts committed in another President's Administration. It was President Bush, not ex-President Clinton, not ex-Attorney General Janet Reno, who invoked Executive Privilege to deny disclosure of sought details of Clinton's Attorney General Janet Reno, the scandal involving FBI misuse of organized-crime informants, and Justice Department deliberations about Clinton's fundraising tactics.
It will, therefore, be up to President Obama to determine whether Executive Privilege ought to be invoked for Karl Rove. In addition to being the first Afro-American elected President of the United States, Barack Obama will also be the first Constitutional scholar to occupy the Oval Office, a situation dripping with more irony as the Republicans tried to brand him as un-American and the Constitution itself, when written, counted him as only 3/5th of a man.
It is not Barack Obama's style, nor is it proper, for such a weighty matter to be determined by partisan considerations. Thus, I would expect President Obama's White House Counsel to gather the facts, and for the President to make a dispassionate decision on whether Executive Privilege should be invoked.
In order for President Obama to decide whether to invoke the Privilege for Rove, his Justice Department will have to be told all the facts. Did Rove speak to the President about the Attorney firings or not? Did he speak to the Vice-President? What was his involvement in the entire sordid affair? If Rove does not reveal any of these facts, Obama can certainly not invoke the Privilege based upon nothing.
more:
http://www.huffingtonpost.com/paul-abrams/karl-roves-executive-priv_b_142671.html