I happen to believe that Congress frequently overreaches with respect to asking members of an administration to testify under oath in public. Remember, all Congressional hearing become part of the public record unless otherwise specifically designated secret.
In fact, I believe that frequently the conflict could be overcome by an offer of secrecy by Congress, or even testimony being given in front of top members who already have levels of clearance.
The reason for this is the catch all Executive Privilege.
It is frequently overused, but in fact, the founders did recognize that the President needs to be given information and advice that is not going to be made public.
However, the Bush administration has taken this WAY too far, and no, I don’t mean things like the spying issue.
But totally absurd secrets like the make up of Cheney’s Energy commission.
Now, however, the administration is actually claiming that the Office if Administration is exempt from the Freedom of Information Act.
This would be comical if the OIA didn’t have their own Freedom of Information Act OFFICER. That’s right, by law, the Office has a position whose sole duty is to grant FOI act requests.
Secrecy is one thing, obstruction for the sake of obstruction is another.