Executive Privilege

The Democrats are going to try to do some oversight during the next two years, but don't expect them to get anywhere. The Cheney Administration will refuse to hand anything over.

A close look at key moments in Cheney's career -- from his political apprenticeship in the Nixon and Ford administrations to his decade in Congress and his tenure as secretary of defense under the first President Bush -- suggests that the newly empowered Democrats in Congress should not expect the White House to cooperate when they demand classified information or attempt to exert oversight in areas such as domestic surveillance or the treatment of terrorism suspects.

Peter Shane, an Ohio State University law professor, predicted that Cheney's long career of consistently pushing against restrictions on presidential power is likely to culminate in a series of uncompromising battles with Congress.

"Cheney has made this a matter of principle," Shane said. "For that reason, you are likely to hear the words 'executive privilege' over and over again during the next two years."

It's not clear just how far the Democrats would be willing to push, nor is it clear which side the Supreme Court would support, but I foresee a constitutional crisis in the offing.