On June 24, 2008, the Justice Department informed the Committee by letter that it would not “provide or make available any reports of interviews with the President or the Vice President from the leak investigation.” The Department’s letter alluded to the “constitutional magnitude” of the “confidentiality interests” relating to these interview reports, and asserted that “communications of the President and the Vice President with their staffs relating to official Executive Branch activities lie at the absolute core of executive privilege.” The Justice Department also argued that providing the interviews to the Committee would undermine future law enforcement investigations, as future Presidents or Vice Presidents “might limit the scope of any voluntary interview or insist that they will only testify pursuant to a grand jury subpoena and subject to the protection of the grand jury secrecy provision.”

http://oversight.house.gov/documents/20081014104725.pdf

I don’ t think the Obama DOJ’s claim will fly with Judge Sullivan as this the same judge that preside over the Ted Stevens case and was miffed over Mukasey for not handing over information for the Stevens case. As much as the AG Holder doesn’t want any more pain and scandal to the DOJ [and the Bush DOJ played a major role in covering up in this case], Cheney will be exposed and this judge seemed to be fair. We shall see what his ruling will be.