Mukasey Stumbles Explaining Why He Has Executive Privilege

Two hours into the House Judiciary Committee questioning Michael Mukasey and we’re getting into the good stuff.  Rep. Robert Wexler (D-Fl.) just asked Mukasey how he defines executive privilege. Mukasey says that executive privilege should be granted to a conversation a president has with closest advisers. How then, Wexler asked Mukasey, does Dick Cheney’s interview with the FBI about the leaking of Valerie Plame Wilson’s identity qualify as executive privilege?

Mukasey said because Cheney is discussing discussions the President had with his closest advisers, executive privilege applies. But when pressed, Mukasey admitted that "in the abstract" the Vice President usually isn’t shielded by executive privilege when it comes to a transcribed FBI interview. So why did the President assert executive privilege for this interview? Wexler is the first person to ask. Mukasey responds by dodging the question. Instead, he starts talking about a media shield law.