It’s official, this is a talking point. Just to show that this morning was no slip-up, here’s Tony Snow during today’s briefing:
Q If it’s behind closed doors, what’s the problem?
MR. SNOW: The thing that we have said all along is, we think that you ought to have the ability for members of Congress to get information in a way that also does not create precedence, and is going to have a chilling effect for presidential advisors to be able to give their full and fair advice to the President of the United States. We think that the compromise we shaped enables us to fulfill that obligation to the President, and to the public in terms of first-rate advice from the White House and the people working in the White House, and at the same time, allows Congress to do what it has to do, which is conduct oversight. There is nothing that says Congress has to have television; it says that Congress does have oversight responsibilities and needs to get at the facts.
Furthermore, the people who are first and foremost in the decision loop here, the folks at the Department of Justice, they aren’t going to be out. I mean, they’re going to be out, they’re going to be testifying, they’re offering all their documentation, as well.
Q They get to be in public, but you want your guys behind closed doors.
MR. SNOW: There are — in this particular case, the Department of Justice — the Congress does have legitimate oversight responsibility for the Department of Justice. It created the Department of Justice. It does not have constitutional oversight responsibility over the White House, which is why by our reaching out, we’re doing something that we’re not compelled to do by the Constitution, but we think common sense suggests that we ought to get the whole story out, which is what we’re doing.
Update: Steve Benen provides a counterpoint: “…based on Snowâs comments today, this isnât the executive privilege argument, this is the executive privilege argument on crack.”