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

[Bob Sheridan]

In a JURY trial?

Paul Finkelman wrote:

> Presumably Cheney can tesify "in camera."  Won't that solve the problem?
>
> Tepker, Rick wrote:
>
>> 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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>>
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>
>-- 
>Paul Finkelman
>Chapman Distinguished Professor of Law
>University of Tulsa College of Law
>3120 East 4th Place
>Tulsa, OK   74104-3189
>
>918-631-3706 (office)
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>
>paul-finkelman at utulsa.edu
>
>
>------------------------------------------------------------------------
>
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