John Dean has written an article that I think would be very interesting to anyone who's wondering about what will happen in the current struggle over executive privilege between the administration and Congress. I confess to not having a clear picture about what Congress's recourse may be if the administration continues to stonewall and ignore subpoenas, etc. The fact that this may fall into the hands of the current Supreme Court frightens the hell out of me.
In 2000, when I argued with people who claimed there wasn't a jot of difference between Gore and Bush and they were both in the thrall of their corporate paymasters, blah blah blah, I emphasized repeatedly that the biggest difference between the two was the justices that they would appoint both to SCOTUS and other federal courts. Now, I think that many other legs on which the "not a jot of difference" angle stood have fallen to the wayside (does anyone really believe that Al Gore would have been so massively incompetent or such a whore to corporate interests? Or really Bush isn't even a whore to corporate interests, he simply embodies them to his core...). But the justices angle has proven, on many occasions in the thus-far short tenure of the Roberts court, to be a disaster and will continue to be a disaster for literally decades.
And it is that federal judicial level of authoritarians who will rule on these issues of executive privilege in the light of the "theory of the unitary executive". I mean, does it make anyone else queasy that this decision essentially rests in the hands of Justice Anthony Kennedy and that the votes of Roberts, Alito, Scalia, and Thomas are pretty much already written in stone? Scary.