Still, the real problem with this whole privilege argument goes back to what the Founding Fathers were thinking.

WSJ: Lawrence Lindsey: Geithner and the 'Privilege' of Being American

It is a great privilege to be with all of you tonight in this place that we set aside to celebrate America's arts, but on this day we set aside to commemorate an American giant.

WHITEHOUSE: President Obama at the "Let Freedom Ring" Concert

And I thank you again for this privilege to address the Alpbach Forum and to share these thoughts with you.

UN: Secretary-General

Only this time the issue was whether executive privilege applied to conversations by White House officials with those outside the government.

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It is a great privilege to return here to our national sanctuary, this most hallowed ground, to commemorate Memorial Day with all of you.

WHITEHOUSE: President Obama Speaks at Memorial Day Service