White House tries an Executive Privilege claim on the RNC emails

(Crypt, TPM) The White House is attempting to claim executive privilege applies to the emails on the RNC servers, however, such a claim would require an admission that the White House violated the Presidential Records Act which says that all executive communications should be preserved through set protocols (that do not include unsecure RNC servers.)

I would think that the very fact that these emails were sent on accounts outside the White House would invalidate any executive privilege claim, but, fighting this battle into the courts would definitely slow the investigation.

Interestingly, this leaves the RNC trapped in the middle of the struggle between the White House and Congress, political interest on one side, possible obstruction of justice on the other.

Later: The RNC has chosen to honor the White House's request and is refusing to turn over the emails.

"Recognizing the unique and significant nature of the potential privilege issue raised by the committee's requests, the RNC has agreed to the White House's reasonable request," Robert K. Kelner, an RNC lawyer, wrote to Conyers.

(Sorry if the blogging was a little loose today. Like everyone else, I have been affected by yesterday's tragedy. Better tomorrow.)