While the legal reasoning against the Bush position is sound, there is little doubt he will argue his version to the very end. In legal terms, that means the Supreme Court. This makes me wonder, how would the Supreme Court come down on a decision in this matter?
If I recall correctly, the "tapes" decision against Nixon was a shutout, 9-0. Nixon was shocked, and outmaneuvered. He and his pals figured they would lose, but they were already planning a 'political offensive' to paint those justices who voted against him as liberals/activists/etc. The court, in part because it realized what he would do, made a special effort to reach unanimity, and Nixon's plans to capitalize on court dissension were doused at the outset.
Is the current court capable of coming together like that for a truly momentous decision? What kind of political hay would Bush and pals make if they lost a 5-4 decision with 3 disparate concurring decisions? Could a serious legal assault on the Bush administration tear this court apart?
One of the reasons Nixon resigned and that there was *less* of a consitutional crisis than there could have been -- was because the judiciary (in the form of the Supremes) provided a unified front with no room to play wedge politics. Could the current Supreme Court make a similar performance? Or would a messy split with name-calling just give the President the ability to play any decision against him?
I'm not so optimistic.
