Question for all the DU attorneys

[proud2BlibKansan]

Last night, I read here on DU that conversations the prez has with the WH counsel are NOT privileged. But this morning on CNN, Soledad said that Miers' conversations with * in her role as WH counsel would be privileged.

So which is it? Does she have to talk about her conversations with * or can she abstain?

I was just wondering what juicy details (AWOL??) could be disclosed during her confirmation hearings if the Dems are sharp enough to ask the right questions.

[MaineDem]

1. Prez can call it "executive privilege"

I think he hinted at that today.

I'm not a lawyer so don't put too much faith in what I've said.

[Sanity Claws]

2. Conversations between Bush and White House Counsel

are not privileged, generally. However, conversations she had with him when she was his personal attorney, such as during the AWOL record scrubbing, would be privileged.

[proud2BlibKansan]

5. Ok I get it now

Thanks.

[madmark]

3. The issue that came to my mind was the one of conflict. Many issues where

the White House or the President (or even Mr. Bush personally) is a party may come before the Supreme Court. Is it a conflict if she hears these things? Does it not at least give the appearance of a conflict? If she is going to recuse herself in all these matters is it appropriate to nominate a person to the supreme court who will not even be able to hear many of these important issues?

[proud2BlibKansan]

4. good point n/t

[Czolgosz]

6. The answer is that Shrub will say they are privileged and the Senate

Democrats will say they are not privileged and both sides will support their arguments with cases which almost, but don't quite, address the legal issue (because it is a fairly novel legal question).

The Senate Democrats will probability have the stronger argument based on historical precedents (i.e., what has been said and done in the past) whereas Shrub will have a lot of cases with very broad language talking about how the attorney-client privilege is the oldest and most sacred of all the privileges blah, blah, blah.

In the end, Shrub will do whatever he is forced to do and no more, and if he doesn't disclose the relevant documents, the Senate will either accept it and vote against her without a filibuster or they will filibuster.

From everything I can gather about Harriet Miers (including speaking to many lawyers who have worked with her), she is far less qualified but also far less ideological than Roberts, and so I suspect the Senate Democrats will not filibuster her.