US v. Nixon, executive privilege and calling Cheney as a witness at Scooter's trial

[Tepker, Rick]

According to the Drudge Report, Special Counsel Fitzgerald plans to call Vice President  Cheney as a witness in the trial of Scooter Libby.  He quotes "a top government source" as predicting:  "If Mr. Fitzgerald is going to demand a public recounting of conversations between the vice president, or even the president, and his staff, on matters he, himself, has acknowledged are 'classified,' executive privilege will obviously be invoked." 
 
Assuming US v. Nixon recognizes and establishes executive privilege, doesn't it also provide that the privilege yields to the specific need of the federal criminal justice system for relevant, material evidence?  Off hand, I can't imagine a more specific need than confirmation that Libby learned of Plame's identity from his boss and other govt officials, rather than reporters (as he falsely testified according to the indictment's allegations).
 
Any thoughts?
 
 

 



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