David Cole | Salon.com :
Can the White House win a constitutional showdown with Congress over executive privilege after shredding the nation's trust?"...The Bush administration has lost the confidence of the American public, nowhere more so than on claims of unchecked executive power and privilege. Its chief proponent of executive supremacy, Vice President Cheney, now has an approval rating of 13 percent, the lowest of any vice president in the nation's history.
With these circumstances, the Bush administration may ultimately prefer a resolution through the courts. At least it has a majority there...."