July 26, 2005

Ironic

I'm watching the progress of the Roberts confirmation.  Today the White House is refusing to turn over certain papers on the basis that there exists an attorney-client privilege between Roberts and the President.

What I find amusing is this: The US Constitution does not define an attorney-client privilege.  Historically such privileges are created by legislatures that enact laws and judges who create common-law precedents.  Yet much of what this administration desires from its nominee is that he/she take a restricted view of what can be drawn from the Constitution.

In other words, the President is using a principle that it imputes from the Constitution in order to seat a judge who will (it hopes) find such imputations improper.

Posted by karl at July 26, 2005 8:25 AM