United States v. Nixon

[Flabbergasted]

Most of the substantial debate debate over executive priveledge was decided in the SCOTUS case:

United States v. Nixon

The unanimous decision held that the Supreme Court has not only the power established in Marbury v. Madison to rule a law invalid for conflicting with constitutional provisions but also power to decide how the Constitution limits the President's powers; that the Constitution provides for laws enforceable on a president; and that executive privilege does not apply to "demonstrably relevant" evidence in criminal cases.

http://en.wikipedia.org/wiki/United_States_v._Nixon

[Igel]

1. And the word 'criminal' is the cause of the confusion.

Congress doesn't bring criminal cases, unless it's decided it's also the executive branch.

And it doesn't try criminal cases, unless it's decided it's the judicial branch as well.

What would SCOTUS do?

Dunno.

[ThomWV]

2. It says criminal case, not criminal prosecution

And the Congress is certainly free to investigate criminal activity in association with its oversight duties. Would not a Congressional investigation be appropriate if a Hatch Act series of violations were suspected? Would that not be a "case"?