DOUGLAS KMIEC The Use of Executive Privilege Must Be Reined In: Problematic Claims of Privilege Regarding the U.S. Attorney Firings and Torture Policies FindLaw guest columnist and Pepperdine law professor Douglas Kmiec comments on the recent clashes between Congress and the Bush Administration regarding compliance with subpoenas for testimony as to which the Administration has asserted executive privilege. Last week, Karl Rove refused to honor a House subcommittee subpoena for his testimony regarding an inquiry into whether wrongful pressure was brought upon U.S. Attorneys in the prosecution of former Democratic Arkansas governor Don Siegelman. Previously, the testimony of Rove, Harriet Miers, and Joshua Bolten was sought in connection with the related scandal regarding allegations that U.S. Attorneys' firings were politicized. Kmiec discusses the evolution of executive privilege, and contends that it should be using sparingly -- in cases involving genuine national security issues, not issues such as those involved in the U.S. Attorney-related scandals.