Dave Kopel asks whether Obama’s assertion of executive privilege is valid. Instapundit has a few links on the scandal, including one from the Washington Post. Investors Business Daily has run an article stating that the Executive Privilege has the stench of cover-up. Wall Street Journal is running an op-ed. More from the Washington Post. Of course, the WaPo is also offering up some apologia on behalf of Eric Holder.
The only thing I can figure in all this is that Obama thinks taking this up a notch will result in him ending up the victor in the court of public opinion. This scandal was quite easily explained away as incompetence, but the invoking of executive privilege could lead many to question what the White House and Holder have to hide. If this was hatched by the Phoenix office, and everyone involved fired or relocated, then there shouldn’t be an issue with a document release to Congress.