Please cite this magic case law you imagined in your sleep. I have a few that might help...
1.In 1796, President George Washington refused to comply with a request by the House of Representatives for documents related to the negotiation of the then-recently adopted Jay Treaty with the Kingdom of Great Britain. The Senate alone plays a role in the ratification of treaties, Washington reasoned, and therefore the House had no legitimate claim to the material. Therefore, Washington provided the documents to the Senate but not the House."
2. Chief Justice
John Marshall, a strong proponent of the powers of the federal government but also a political opponent of Jefferson, ruled that the
Sixth Amendment to the Constitution, which allows for these sorts of court orders for criminal defendants, did not provide any exception for the president. As for Jefferson's claim that disclosure of the document would imperil public safety, Marshall held that the court, not the president, would be the judge of that. Jefferson refused to personally testify but provided selected letters.
3. Bush invoked executive privilege "in substance" in refusing to disclose the details of
Vice PresidentDick Cheney's meetings with energy executives, which was not appealed by the GAO. In a separate Supreme Court decision in 2004, however, Justice
Anthony Kennedy noted "Executive privilege is an extraordinary assertion of power 'not to be lightly invoked.'"
United States v. Reynolds, 345 U.S. 1, 7 (1953).
3. A federal judge has ruled that President Clinton cannot use the power of his office to block prosecutors from questioning his senior aides, rejecting Clinton's assertion of executive privilege in the Monica S. Lewinsky investigation, lawyers familiar with the decision said yesterday.
In a ruling issued under court seal Monday, Chief U.S. District Judge Norma Holloway Johnson concluded that independent counsel Kenneth W. Starr's need to collect evidence in his obstruction of justice probe outweighs Clinton's interest in preserving the confidentiality of White House discussions, the lawyers said.
The decision made Clinton the first president to take a claim of executive privilege to court and lose since the dramatic Watergate showdown in 1974, when the Supreme Court unanimously ordered Richard M. Nixon to turn over the secret Oval Office tapes that ultimately led to his resignation.
OK now cite me your cases counsel or will you admit that your statement is actually a lie.