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that the Bush Apologists (as Yoo did yesterday) tend go back into history to defend him and ignore more recent developments. For example, according to a recently updated CRS report, "Presidential Claims of Executive Privilege: History, Law, Practice and Recent Developments,"
As indicated in the above discussion, recent appellate court rulings cast considerable doubt on the broad claims of privilege posited by OLC in the past and now by the Clement Memo. Taken together, Espy [1997] and Judicial Watch [2004] arguably have effected important qualifications and restraints on the nature, scope and reach of the presidential communications privilege.
http://www.fas.org/sgp/crs/secrecy/RL30319.pdf
Why didn't Yoo discuss these recent cases in his op-ed? I'd really like to hear what he has to say about them. I imagine I'll have to wait until the next Democratic president invokes executive privilege.
