What would this do, again?

Bruce Fein comes up with some interesting suggestions regarding regulation of the executive privilege that was instituted in United States v. Nixon and exercised by the Administration in conjunction with the Valerie Plame investigation, the Cheney energy policy report early in the first term, and the investigation into the dismissal of the U.S. Attorneys by the Administration. The most interesting comment, though, is his criteria for denying Congress access to information and upholding executive privilege:

"In addition, Congress should enact a statute stipulating that executive privilege should yield to congressional oversight unless Congress were to expose presidential advice for the sake of exposure - an act of political voyeurism."

So, if Congress is trying to expose a crime that took place, the executive privilege would not apply. If Congress is, say, trying to engage in a political fishing investigation to drum up political points when no crimes took place - like, for instance, if a CIA analyst's name is leaked to the newspapers or the Vice President writes a document setting out suggested energy policy or the Administration exercises its Constitutional authority to remove U.S. Attorneys - then the privilege would be upheld and Congress's request would be denied.