Law Professor Scott Silliman of Duke University says the privilege rests on a 50-year-old Supreme Court decision, one the judges are reluctant to question.
Professor SCOTT SILLIMAN (Center for Law, Ethics and National Security, Duke University): It is conceivable that the Supreme Court would continue on to want to look at the issue.
"Walter Reed is clearly a policy issue with political ramifications coming up in this country with the election in '08, and the administration is looking at it in that light, " Silliman said.