The House Judiciary Committee’s subpoena of Karl Rove raises interesting questions as my colleague Zach Roth notes. I spoke with a Washington lawyer who has dealt with many presidential privilege issues and he (or is it she?) raised some interesting questions and offered a prediction.
The first interesting point the person raised is that Rove’s attorney, Robert Luskin, may have made a tactical mistake in writing to White House Counsel Greg Craig for an opinion. “Be careful what you ask for,” the source said. After all, Craig could come up with a rationale for Rove testifying. And why rush to Craig at all when you might prevail in the courts? True, the courts have been loathe to offer hard and fast rules in these cases but it would seem worth pursuing such a legal avenue before going to the Democratic White House for solace. My source predicted that in the end there probably will be some kind of accomodation with Rove answering questions on some topics and not on others rather than a showdown that drags on endlessly. Interestingly, the source thought Obama’s executive order on presidential records differed enough from the question of testimony that it probably would not be determinative in the end.
I note myself the hypocrisy of Republicans who demanded practically every Clinton official to march up to the hill and testify on everything under the sun who can be sure to defend executive privilege in Rove’s case and that of Josh Bolten and Harriet Miers.
It’s probably worth noting here, just for the record that I have some history with Karl Rove. If you haven’t been in an Ecuadorean jungle for the last six years you know what it is. If you have been, you can get caught up here and here.