Judge Napolitano: Executive Privilege Only Applies If President Was Involved
"Executive privilege protects communications with the president, the human being of the president, not with people that work for him and the Justice Department," Judge Andrew Napolitano said on FOX News today.
"If the attorney general sat down and discussed it with the president, he probably doesn't want the Congress and the public to know that, because we know of the awful events that occurred as a result of the Fast and Furious escapade. But we also know that executive privilege only pertains to military, diplomatic, and sensitive national security matters. Now, was fighting the drug gangs at the border a sensitive national security matter? And, if so, was the President of the United States of America personally involved in making decisions as to how to conduct that fight? If that's the case, this has reached a different level and we now know why the attorney general has ferociously defended these documents," he said.